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  • car deposit private sale ny

    Hello. On may 17th I put a deposit of 200 dollars on a used car I was looking to purchase. I have a receipt. I was to pickup the car in 2 weeks. I went for a loan thru my credit union. Got approved. Condition of the loan was check had to be made out to titled owner. The seller of the vehicle had the title signed over to him, but never put it in his name. He was looking to skip title I assume, again I assume to avoid paying tax. He requested a title supposedly when I told him this. He also supposedly put a rush on the title. According to NY DMV record search, no such title request or rush. About 2 weeks ago, I requested a refund of my deposit. He claims he sent a money order. Never received it. Now he is ducking my emails. Do I have any recourse? Would I be able to get a police report and have an officer speak with the prosecutor about pressing charges for petit larceny? Thank you in advance.
    Dutchess County Deputy Sheriff

    Written: Nov. 17th, 2007. Scored ~80. First ever civil service taken. Ranked 4xx. Hiring freeze in effect.

    New York State Police

    Written: Jan. 19th, 2008. Scored an 80.xx. Ranked 11,xxx.

  • #2
    While laws may vary state to state, out here we would simply advise you it was a civil matter and you would need to file a claim in small claims court.
    Last edited by mdrdep; 06-19-2014, 07:09 PM.
    Today's Quote:

    "The difference between stupidity and genius is that genius has its limits."
    Albert Einstein

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    • #3
      Sounds like a civil issue to me. You entered into a contract to buy the car whether written or verbal. You have a receipt for your deposit. You can probably take him to civil court to get your money back. Then again this might be different in NY.

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      • #4
        A police report helps strengthen a civil claim. Would I be able to get one?
        Dutchess County Deputy Sheriff

        Written: Nov. 17th, 2007. Scored ~80. First ever civil service taken. Ranked 4xx. Hiring freeze in effect.

        New York State Police

        Written: Jan. 19th, 2008. Scored an 80.xx. Ranked 11,xxx.

        Comment


        • #5
          Originally posted by VeeDubs86 View Post
          A police report helps strengthen a civil claim.
          Not necessarily true.

          Originally posted by VeeDubs86 View Post
          Would I be able to get one?.
          Maybe....................why don't you call the non emergency number for your local police agency and ask
          Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

          My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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          • #6
            Originally posted by VeeDubs86 View Post
            A police report helps strengthen a civil claim. Would I be able to get one?






            Not necessarily so. In most instances, police will not take a report in a civil matter. Your recourse would be either through a small claims action (check NY Law) or retaining an attorney.

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            • #7
              I've written a report for an issue like this once. And that's because it invovled a monetary issue approximately 60x larger than yours and I covered my own ***.

              Every other time has been a referral to the civil magistrate. I am not sworn in by the sheriff to help people "strengthen their civil claims."

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              • #8
                It would be a civil matter here because of intent. There is no proof (from what you told us) the seller had the intent to take your money and never give it back at the time of the transaction. You gave him money to hold the car, there was a glitch in how payment was to be made, and he hasn't refunded your deposit. The county attorney could in no way prove the seller had ill intent when you entered into the contract to buy the car.

                In addition to intent, what you have is a violation of a contract. Contract law is civil, not criminal. There is no criminal sanction for violations of contracts. Buyer beware.

                Our Attorney General's Office has a consumer affairs division that can help out at times such as what you described. Check with your state and see if they have something similar. Otherwise, small claims court would be your recourse.

                Covman

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                • #9
                  No police report in NY. Strictly a civil matter. Hopefully you gave a check or MO as deposit. Send a written demand for return of deposit. Get written notice of requirement for loan. Then file in Small Claims Court.

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                  • #10
                    Sounds like a case for Judge Judy..

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                    • #11
                      Originally posted by ChiTownDet View Post
                      Sounds like a case for Judge Judy..
                      I think I would let him keep the 200 before I went in front of her.
                      "He who sheds blood with me is my brother"

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                      • #12
                        Originally posted by ChiTownDet View Post
                        Sounds like a case for Judge Judy..






                        Or, "Magistrate Monty".

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                        • #13
                          In almost (if not every) every jurisdiction you will be told it is a civil matter. You claim he owes you money, he says he does not. It is a small claims case.

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                          • #14
                            Civil case. I have never heard of a title being signed over to someone. That's why it says non transferable on its face. Our trailer and ATV registrations don't have titles and can be sold with a signature on the back of the reg. You got scammed by a scummer.

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                            • #15
                              Originally posted by Rettroop View Post
                              Civil case. I have never heard of a title being signed over to someone. That's why it says non transferable on its face. Our trailer and ATV registrations don't have titles and can be sold with a signature on the back of the reg. You got scammed by a scummer.
                              In Iowa there is a place on the back of the title where a seller signs that they no longer own the vehicle and to whom they are transferring the title. If that section is not "signed over" the County Treasurer will not generate a new title for the vehihcle.


                              In Iowa a LICENSED DEALER does not have to transfer title of a used vehicle but is able to keep it "floating" until they sell it to a consumer
                              Last edited by Iowa #1603; 06-21-2014, 07:35 AM.
                              Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                              My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                              Comment

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