Legal Question in Credit and Debt Law in New York
unrecieved payments
My question is in regards to a purchase of a car that was
unsuccessful but the money that was exchanged wasn't recovered.
Two months ago my neighbor's girlfriend was selling her car and
we decided to purchase it. The purchase price was $2,500, $2,000
down and the other $500 once we had the title.After a month, the
title was unattainable and supposedly lost in the mail. They said
that they'd rather quit the deal and pay back the $2k because they
didn't know the status of the title.So far they only returned $500,but
the girlfriend moved out and our neighbor isn't cooperating.All we
have is a signed purchase agreement signed by the seller,buyer,
and our neighbor as the witness. Is there any way to recover the
remaining $1,500?If so what steps should be taken? Thank You.
3 Answers from Attorneys
Re: unrecieved payments
This is a difficult situation. If the neighbor will back you up and tell the truth about the $2,000, then you will find it easy to obtain/win a legal judgment. If not, then you can still win such a judgment, but the probability is diminished. A successful 'negotiation' is your best option, and having a letter on an atorney's letterhead requesting payment can be very influential. (an important part of any negotiation is a threat, often unspoken, of unpleasant consequences. Negotiation is often impossible without it.) You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. please call for an appointment first - 646-591-5786.
Re: unrecieved payments
You have to sue the girlfriend in small claims court IF YOU CAN FIND HER. The fact that you have a sles agreement in writing is key. She has to prove she returned the funds or provided you with good title. Your problem will be what happens after you win your judgment? You have to enforce it. Your debtor has to have funds you can SEIZE...like a bank account or a job where you can garnish her salary. (take pieces out of her weekly pay check until your judgment is paid off). It's easy to sue in small claims court. But you have to know where she lives and works. The other attorney's idea to write a letter for you isn't such a bad idea...I'll do it for $30 bucks...if you have an address...but, you'll be out $30 and you'll STILL have to sue her...get it?
(Just sue her).
Re: unrecieved payments
Sue in small claims court. Since it involved your neighbors, and you appear to be in the Bronx, small claims is in the civil court at 861 grand concourse on the lower level.
Good Luck
RRG
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