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9/22/2017 12:11:25 AM
Posted: 5/7/2003 10:35:26 AM EDT
I was shopping for a used car for my son and did not want anything older than an '88. He wanted a Jeep Cherokee. I responded to an ad in the local paper for a 1988 Cherokee. The vehicle was in average condition for its age. The owner would not come off her asking price of $2000, so I bought it. I didn't examine the title closely until I got home. When I did I found out it was actually a 1986 model. The person I bought it from refused to give me my money back so I sued in magistrate's court. The judge sided with me and instructed me to give her the keys and title back (which I did right there in front of the judge) then told her to give me my money back. That was three years ago. I bought it from a woman who has no property in her name (its all in her husband's) so there is nothing to put a lien against. I have basically accepted the fact that I am screwed, but if anybody has any tips (other than the dastardly kind; I have already considered that) I would be eternally grateful. Panzer Out
Link Posted: 5/7/2003 10:38:41 AM EDT
Go back to the judge. Have her found in contempt and get her ass thrown in jail until she or someone else pays the $2000. Or you could always firebomb her house. [:)] J/K
Link Posted: 5/7/2003 10:47:35 AM EDT
Originally Posted By Ponyboy: Go back to the judge. Have her found in contempt and get her ass thrown in jail until she or someone else pays the $2000.
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Garnishment, also an option
Link Posted: 5/7/2003 10:50:48 AM EDT
contact a collection agency. they'll probably keep 10-20%, but that is better than getting nothing back
Link Posted: 5/7/2003 11:07:54 AM EDT
Steal her car. Sell it. Only keep $2,000 and send the rest back to her [;)]
Link Posted: 5/7/2003 11:11:50 AM EDT
You are going to have to execute on the judgment of the court. First, find what the court ordered, if it was even recorded, etc. You may have to order and pay for the the court reporter to type a transcript, then hire an attorney to execute the judgment or you can do it yourself. Little known fact: collecting on an award is considered almost as tough as getting a favorable judgment. Also, you need to hurry and find out what the statute of limitations is in your area for this type of judgment because it may be coming up soon and you will be barred from trying to collect it. bd
Link Posted: 5/7/2003 11:20:30 AM EDT
Link Posted: 5/7/2003 11:24:33 AM EDT
I have a cousin named Tony who owns 12 Acres and a shovel [;D]
Link Posted: 5/7/2003 11:33:19 AM EDT
Possession is 9/10ths... Why did you return the keys and title when without receiving your $$ at the same time? I would have refused until I saw greenbacks.
Link Posted: 5/7/2003 11:39:17 AM EDT
Originally Posted By Belfry_Express: I have a cousin named Tony who owns 12 Acres and a shovel [;D]
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LMAO
Link Posted: 5/7/2003 7:05:39 PM EDT
Originally Posted By ClayP: Possession is 9/10ths... Why did you return the keys and title when without receiving your $$ at the same time? I would have refused until I saw greenbacks.
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The judge instructed me to return the title and keys to her right then and there. Being a law-abiding citizen, I have a lot of respect for judges and tend to obey their instructions. In hindsight, I should have refused to surrender the keys and title until she coughed up my money. It was the first time I have ever sued anybody, and I really didn't expect to win.
Link Posted: 5/7/2003 7:09:50 PM EDT
Originally Posted By bluduk15: Little known fact: collecting on an award is considered almost as tough as getting a favorable judgment. Also, you need to hurry and find out what the statute of limitations is in your area for this type of judgment because it may be coming up soon and you will be barred from trying to collect it. bd
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Here in SC the statue of limitations is 10 years for civil judgments.
Link Posted: 5/7/2003 7:11:04 PM EDT
Link Posted: 5/7/2003 7:13:47 PM EDT
I got screwed out of six months worth of wages, and a judge ordered the employer to pay half of what was owed. Three years later after not collecting a penny from them, I found-out from my lawyer that I had no legal recourse since it had been three years. The thing that made sick was I spent almost $7,500 to collect $15,000, and I didn't collect a penny. You might want to hurry with whatever you decide to do if it's been slightly less than three years. If it's been more than three, you might be screwed.z
Link Posted: 5/7/2003 7:36:12 PM EDT
Originally Posted By sherrick13: You do what the judge asks you to do. You made a mistake by not following up with this and waiting 3 years. You should have been back in court the next month. I know it is a pain in the ass but unfortunatly that is what you have to do. You are probably out the money.
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I cruised by the woman's house about twice a week until she sold the Jeep over again to someone else about three weeks after court. Once she sold it, I went to her and asked for my money. She said she gave the Jeep away and there was no money. This woman is truly a sorry, lying POS! I went back to the judge to seek further guidance. He told me, get this, I could drag her back in court but I would be wasting my time and money (court costs). At that point I paid (yes, paid) the county sheriff's dept to do a title search to see if the woman had property. Struck out: it was all in her husband's name and I couldn't touch it. They also paid her an official visit and sent her a letter notifying her that she had 30 days to pay the judgement or else. The problem is, there is no "or else." There is no teeth in the judgement. It is comparable to bad credit card debt. If the bank can't collect they just ruin your credit. If I could have proved fraud on her part it would have meant a criminal conviction, which would have carried more clout. I considered it fraud but the judge didn't. The newspaper ad specified the vehicle to be a 1988 model. Her hand-written bill of sale also said it was a 1988 model. She clearly presented the vehicle as being newer than it actually was, but the judge didn't see it that way. He accepted her "typo" defense but still awarded the judgement to me. I would gladly pay to recover even part of this money. Panzer Out
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