Legal Question in Civil Litigation in Michigan

fraud?

sold a vehicle to person, was coherced into giving title, person never finished paying for car. He sold 2 months after he took posesion. went to s.c. court, won, still cannot collect. Is it legal to just do this and get away with it? I was fraudulently swindled into the whole deal. What is my next move? Can I have him arrested for fraud, theft, anything? Thank you for your help and time.


Asked on 11/25/02, 10:40 am

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: fraud?

Without written paperwork and with you signing over the title, there is not much to go on. You can sue but you stand a good chance of losing, unless the amount paid is so far from the value.

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Answered on 11/25/02, 11:39 am
Andrew Prine Andrew W. Prine, P.C.

Re: fraud?

I can't tell you what the criminal ramifications might be for the buyer. To follow up on that, you should contact law enforcement or the prosecutor's office in the county where the transaction took place.

On the civil side, you say you went to small claims court and won. Did you enter a judgment?

If not, you should do so. If you did enter judgment, you should take steps to enforce it. The normal procedure is a creditor's exam, where you serve him with a subpoena to appear with specified financial records, and try to find out if he is collectable, and perhaps negotiate a settlement. I would suggest talking to the people at small claims court and see if they will tell you what the Judge might be willing to do to help you collect, including scheduling the creditors exam to take place at Court.

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Answered on 11/25/02, 6:00 pm


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