Legal Question in Civil Litigation in North Carolina

OK Here's the situation

My Mother in law sold me a vehicle on 4/8/2011.

I Have the original title notarized and signed.

I was unable to get the title to the DMV within 30 days due to family emergency.

I find out when i get back that my mother in law then took the vehicle and sold it to her brother without the original title after it was already signed over to me.

apparently my mother in laws brother has a handwritten note that has been signed by a notary declaring he is now the owner of the vehicle on 8/2011.

my mother in laws brother then proceeds to take the vehicle and trade it in at a used car lot on 1/30/2012 and they in turn sell it to someone else after filing for lost title on 2/9/2012.

while all of this was going on my mother in laws brother refused to tell me where the car went.

I finally called the sherrifs department and they in turn put me in touch with the dmv who was able to trace the vehicle back to J & W Used Cars in mocksville. I met with the owner of the car lot and he refused to acknowledge that the vehicle was originally signed over to mne even after seeing the original title.

im at a loss about where i should go from here.

Do I even have a case?


Asked on 2/24/12, 11:22 am

1 Answer from Attorneys

Why would you allow such a long period of time to expire before taking any action? If your mother in laws brother or the used car lot actually got a title because you jerked around and did nothing - you may very well be out of luck. Depending on the value of the car your best bet may be to file a small claims action but I don't know of any 'family emergency' that lasts long enough to allow someone else to get a clear title. If I were the judge, I'd find that you simply waited too long to preserve your rights.

Read more
Answered on 2/29/12, 9:12 pm


Related Questions & Answers

More General Civil Litigation questions and answers in North Carolina