Legal Question in Civil Litigation in Texas

Being scammed on vehicle contract

In 09/2003 my wife and I bought a used vehicle from an individual. Because it was a friend of a friend of her father, we didn't feel there was a chance of getting screwed and thought we'd found a great deal.

Now, 6 months later after paying $2500 down and the monthly payments of $500 the guy shows up. He informs us he's filed bankruptcy and the car (03 Ford Expedition) must go back and back today. He's apparently been served papers by the court for the return of the vehicle and wants to get it back to avoid jail. He goes on to tell us that it was a lease vehicle and he didn't know it couldn't be subleased or sold. When we bought it, he told us he would carry the title and at the time it made sense because the payments were so cheap. At no time did we know it was a leased vehicle.

The ? is - we have a signed contract with him. Does that allow us any legal recourse? Could I contact Ford Credit and work out something with them? I don't want us to be driving what could be considered a stolen vehicle. Also, I've found out that he has been running our credit several times over the last month without our permission. Do we have any legal recourse to keep the vehicle or against the individual who ''sold it to us?

Thanks,

BG


Asked on 3/14/04, 9:47 pm

3 Answers from Attorneys
Charles White Charles G. White

Re: Being scammed on vehicle contract

Of course you have a case against the guy that sold you the vehicle -- but it sounds that there may not be any money there to help you. Yes you should contact Ford about seeing if some type of arrangement can be made. If Ford has done its home work, you are unlikely to divest Ford of its interest in the vehicle. If you work out a deal you should remember that the vehicle needs to be removed from the umbrella of the Bankruptcy Court. Ford should be quite experienced in handling those type of situations.

I recommend that you deal directly with Ford Motor Credit rather than the crook. In other words don't return anything to him. Deal with Ford. I have worked with Ford Motor Credit in the past when crooks had mucked up the deal, and Ford was responsive and reasonable to work with.

Good luck!

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Answered on 3/14/04, 10:55 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Being scammed on vehicle contract

Try working with Ford Credit. You can also file an adversary action against this 'friend' to try and recover some money, although you'll need the assistance of an attorney knowledgeable in creditor's rights in bankruptcy.

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Answered on 3/15/04, 10:37 am
Joseph A. McDermott, III Attorney at Law

Re: Being scammed on vehicle contract

I agree that you should deal only with Ford Motor Credit, not the seller. You may want to contact your district attorney and make a complaint, not as leverage against the seller -- it's FMC you must deal with anyway -- but to get this crook punished.

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Answered on 3/15/04, 12:07 pm


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