Legal Question in Civil Litigation in California
Car buyer hasn't paid me
My father sold a car to an ex-friend with a written contract as to how much he was to pay. He paid some but then stopped paying (usual story). The last time they talked on the phone, the guy laughed at him. Now the buyer has moved and changed his phone number so we don't know where he is. We still have the pink slip. Reading other posts it looks like small claims court is the best option, but how do we find the guy? Do we need to?
My father is now in another state and is very ill. I'm still in the same state as the buyer but far away from where he last lived. Where do we bring up the small claims court case? If my father gives me power of attorney, can I bring it up near me? Do I need to go where this guy is/was? Can it be brought up where my dad is? If we find him, can we repossess the car (ourselves or professionally)? We don't have a key.
Does this eventually turn into a criminal issue? Do we have any other options for receiving payment or getting the car?
1 Answer from Attorneys
Re: Car buyer hasn't paid me
You should be able to hire an investigator to find the guy. Shouldn't be too expensive. You would need to serve the guy either personally, or -- with court approval -- by publication, before going to small claims trial.
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