Legal Question in Business Law in California

Car Title

I bought a car via internet (EBAY) from a dealership in Illionois. I live in California. They shipped the car,which is now in my possession, but I am unable to register it because they did not send the title. Ive contacted them many times, and they say the dealer they bought from lost the original title. They claim they are in the process of getting one to me. Its been over 3 months and they havent responded to at least 6 phone calls and numerous emails. What legal actions can I take, and what type of lawyer do I need? PLEASE respond.


Asked on 10/24/03, 12:06 am

3 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Car Title

You may need an attorney in Illinois to aid you. I would also contact eBay to see what if anything they can do. Make sure though that you tell eBay to not allow this person to sell over the net and why. Document everything. Get an attorney to minimally write a letter to these people. In a three-month period that title should have been issued. I just dealt with a problem with lost title in the state of Texas and everything was done within two weeks. That could be a very efficient situation. In California takes at least two months in many cases. I do not note in Illinois what would take and I would contact as an attorney the Illinois motor vehicles department to see what if anything has been done in regard to your car. The vin number is the key. If you wish to consult with me I am in the San Francisco Bay Area at 925 -- 945 -- 6000.

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Answered on 10/25/03, 2:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Car Title

The federal court "diversity" case minimum has been $75,000 for many years. But this matter shouldn't be in court. I believe (but I'm not certain!!!!) that the California DMV can assist you. For example, I believe you can get a duplicate or substitute title, or at least register the vehicle, by making an affidavit of lost title.

If suit is necessary, find an Illinois lawyer in the city or town where the dealer is situated. Any reputable general-practice attorney should be able to handle this. You don't need a specialist, you just need someone who is both economical and not too busy or haughty to take on and give some real attention to your case.

Once the dealer hears from a local lawyer, they will probably wake up and perform.

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Answered on 10/24/03, 11:49 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Car Title

Even if you qualify for federal jurisdiction and can sue him here, because of diversity of citizenship, unless you have more than 25,000.00 in controversy, you would not qualify. If you do, seek a litigator familiar with the federal courts.

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Answered on 10/24/03, 12:11 am


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