Legal Question in Civil Litigation in New York
i am a 17 year old in new york a nd recieved a Chevy Blazer two winters ago for christmas from my father. the title was in my name. i gave my step mother 74 dollars to fix the blazer and spent just over 90 dollars on parts for the truck.. My father just (so he says) Scrapped my vehicle and is going to give me 100 dollars for it. my stepmother is not going to give me the 74 dollars back (She wrote me a "recipt" on a sticky note, and signed it) and sadly my shackles were lost in the process and i dont have the reciept for them anymore. Im pretty sure my dad signed my name on the back of the title and reciept of sale if there was one because i had never signed the back of the title. What can i do? should i sue? should i go to the police? should i talk to a lawyer in my area? How much would i be able to get back from it? he says he only got 150 for it and is giving me 100 which i know is a lie because even at a scrap yard it wouldof been worth 400+ ... please help
1 Answer from Attorneys
I'm going to assume the Chevy Blazer was a used vehicle and had a lot of wear, miles and years on it. If I'm wrong, then ignore the following:
Take what your dad gives you and run! Even if he gives you nothing.
Removing my lawyer "hat" for the moment, I was in the same situation with a family member when I was 17 or so. It's devastating to lose your car. I cried and punched walls and screamed about suing. So, believe me, I understand!
You are too young--as was I-- to understand money. You claim the car was worth at least $400.00. To most adults, $400 is pennies. A couple of good tires will cost you $400! In fact, $400.00 is what a lot of attorneys charge for one hour of work. If you sue your dad, you'll spend a couple of hours in Small Claims Court and you might even have to come back for a second or third court appearance. You could easily end up owing your attorney a thousand or two. And do you REALLY want to sue your dad?
The police are going to have a chuckle when you visit the precinct. They do not have the time to set aside a murder investigation to look into a family dispute over a $400 car.
Without knowing more about the Blazer or your relationship with your family, I can't tell you that my advice is set in stone. Again, the car could be worth more than I know and there might be other factors at play of which I'm not aware. Whatever you do, do not rely solely on my advice. But I suspect I've given you the most accurate answer you'll ever get.
Take whatever you can get from your dad, even if it's nothing. You'll be resentful and pissed-off for a while but everyone finds themselves in that position at some point in life.
I hope this was helpful.
Marshall