Legal Question in Civil Litigation in Massachusetts

Re: Paid for a Car in full and Owner will not sign over title

Chances are that a court would only order the return of your money, plus possibly the "bargain purchase" element if you paid less than the full market (blue book) price. However, in small claims court it is not beyond the realm of possibility that the court would order that the vehicle be transferred.

Practically speaking, I would guess that sister-in-law will prefer to convey the car rather than refund the purchase price, and may well offer to do so if she loses in small claims court.

Re: Paid for a Car in full and Owner will not sign over title

My advice: use the settlement negotiation process available at the courthouse if she goes that day. Pretend to begrudge doing so, but the court urges it and you can look at your watch nervously like you have to go somewhere and thus you want to negotiate instead of waiting for the judge, or something.

Why? The small claims court has "equity jurisdiction" over settlement agreements, which is to say that if she agrees to sign over the car, the court can enforce the agreement. It's a legal technicality but most courts can only award money judgments, not things like a car, but this court at least can be used to enforce settlement agreements whether money or not! Understand?

However, I've also seen judges / clerks just tell someone what to do, i.e., to hand over the goods and they get away with it because the defendant is ignorant of the judge's authority. Most won't do it, though. Where (what courthouse) are you?

By the way, I don't like your facts: when you paid, you should have had her sign the title over and you could have left the "to _________ " part blank, to be filled in later. To me, the story doesn't make that much sense. Who has the title now? Is it still registered and insured under the in-law's name? What a stroke of bad luck this divorce was for you.

You don't have any written evidence that the payment was complete, do you, like a signed bill of sale or at least a notation on the last check used? Do you have backup support showing how the price was arrived at, e.g., ads or blue book listings that you relied upon? If not, can you at least scrape together proof of what the value of the vehicle is? And do you have cancelled checks or receipts to show that they payment(s) were really made?

You must be the person I just advised to put the car in his child's name to reduce his liability. Are you?