Legal Question in Civil Litigation in Maryland

I live in Texas. I saw a car advertised on craigslist in Maryland...was taking a trip to DC area anyway. I checked the car out, it runs and drives fine. The car has a lien on it (CarMax). The guy tells me that the lien would be cleared in 3 days and I would recieve lien free title

(stupid me) I fell for it. I did not ask or inquire how much he owed, he acted as if it was little or nothing and I would recieve title immediately.

I have had possession of vehicle for 90 plus days. I discovered that he and his dad's name are on title. He has been promising title throughout this time...for example "I just oredered your new title today and it should be here soon" he says. At one point he asked me did I want to trade/swap it back for a different vehicle. Last week CarMax calls and says I need to turn the vehicle in, get a lawyer and file civil suit. I guess he or his dad gave CarMax my numbers. May I ask what is the best recourse. I know I will have to get a lawyer. I live in Texas, but purchased car in Maryland. Do I just turn in vehicle to CarMax; am I in illegal possesion of vehicle? I imagine if CarMax knew exactly where vehicle is located, then they would repossess. I purchased vehicle for $3700 bucks. I do have reciept, bill of sale, and bank transactions of when I withdrew funds to make purchase. I have a few pics and many text messages. The fellow does not answer phone (disconnected or blocking me); does not respond to email; has shutdown communications. Yes I have been hustled here, but what is my best recourse?

thanks aaron


Asked on 9/12/10, 11:15 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Hi Aaron-

Every time I hear someone say attorneys are the worst crooks, I quietly wonder whether they've ever purchased a car before? :-)

I would hire a Maryland attorney to discuss the specifics of your situation and assist you prior to taking any action. This is especially true because you are out of state.

Based solely on what you have set forth above, your best bet will likely be to file a civil lawsuit against the son in Maryland Magistrate Court in the county in which the sale took place. Your Maryland attorney will be able to serve the son with the Court documents (a requirement). You may have to appear for a very short (less than one day) trial in Maryland, but your attorney should be able to give you several weeks or months notice so you can make arrangements to take time off work, etc.

You should also speak with your attorney about where to return the vehicle and whether or not to file criminal charges against the son (for vehicular fraud).

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/20/10, 7:37 am


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