Legal Question in Civil Litigation in West Virginia

Car was never received

I gave this guy a check and he said that he was going to get me a car. This was all verval, but before I got the car, he was arrested and he is still in jail. I talked to the court, and they told me is not a criminal matter and that I should wait until he gets out to sue him, but my question is what type of lawsuit should I file and should I wait until he gets out of jail?


Asked on 10/19/06, 1:16 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Car was never received

You did not get the benefit of your bargan. Of course you have a civil cause of action against the person who took your money. He may have just been your agent or he may have been a contractor. Either way you could recover a judgement. The problem may be that you could not collect anything on the judgment. I am not convinced that it is not a criminal matter. If this was a scam and he had the intent to defraud you, it is criminal. The prosecuting attorney has the right to take the case or reject it. If you can show that he has done it before, the prosecuting attorney may become more interested.

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Answered on 10/19/06, 3:09 pm


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