Can I get a legal advice, please? - Mercedes-Benz Forum

LinkBack Thread Tools Display Modes
post #1 of 5 (permalink) Old 06-18-2005, 08:05 AM Thread Starter
Lifetime Premium Member
Date registered: Jan 2005
Posts: 276
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
Lifetime Premium Member
(Thread Starter)
Can I get a legal advice, please?

Hi everyone,
First of all, thanks for your advice in advance.

I used to have 1988 420 SEL (technically, still have one).
Unfortunately, I had an accident and I was not able to fix the damage – only I had a state minimum policy, which was not full coverage.
So, I sold the car for $800 to a person, his name is John, who owns a body shop on April 22nd, 2005.
When I made a deal, he asked me whether he could pay me in payment plan in month. I assumed it would not be a big matter, so I let him pay $800 with 3 payments until May 22nd, 2005. Anyhow, at the second payment he asked me a title for notarization from his bank and insurance, so I handed over without signature. I told him I will sign the title when all the balance is paid.

Now problem beings.
As of May 22nd, 2005, I collected only $425 from him.
I called him on May 23rd, and he said he needed one more week.
I called him again on week of May 30th (first week of June), John asked me one more week.
The following week when I called him, one of his workers in body shop answered the phone and told me that John has to run to Los Angeles for two weeks because his sister had a stroke.
I called him again on June 6th, now his son, Toni, answered the phone. Toni said money will be ready in the following week.
Yesterday, June 17th, 2005 I visited John’s body shop. Obviously, John was not there, and I talked with one of his employee, Jerry. According to Jerry, John has a heart problem so now he stays in San Jose, CA until the end of summer since Phoenix is too hot for his heart. I am from East Valley of Phoenix area.

How can I pencil this out?
The title expires on July 15th. If I do not sign the title until then, am I going to be in trouble?
Also, if John does any illegal activity or borrowing money against title, am I going to be responsible for that?
As I mentioned above, I did not sing the title, but it is in John’s hand.
Anyhow, I am going to visit police station in City of Mesa just in case.

Thanks for reading, everyone.

P.S. Worst case scenario, I would give up $375, but at least I want to keep my record straight.
SParkyMerc is offline  
Sponsored Links
post #2 of 5 (permalink) Old 06-18-2005, 08:14 AM
BenzWorld Elite
Shabah's Avatar
Date registered: Nov 2004
Vehicle: 300c (1956)
Location: 19 05'40.0 N, 49 49'09 E
Posts: 2,773
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
RE: Can I get a legal advice, please?

Just declare the car stolen and that you know who did it. Technically not paying is stealing, so this deception is just that.
Make sure that the dude knows what you are about to be doing. He may come up with the dough pronto.
Shabah is offline  
post #3 of 5 (permalink) Old 06-18-2005, 08:22 AM
worst mod in BW history
ThrillKill's Avatar
Date registered: Apr 2005
Vehicle: ML CLK Iridescent Hyundai Accent lol,GoPed Freightshaker & Volvo semi's, c'mawn?
Location: Chicago
Posts: 27,762
Mentioned: 0 Post(s)
Quoted: 3 Post(s)
Lifetime Premium Member
RE: Can I get a legal advice, please?

The landlord in me will tell you unless he hands it to you, forget the money. I don't know about AZ., but to have papers served in Chicago the cost for a sheriff to deliver the summons far exceeds the amount owed to you. Your best bet is to tell your story to the police and get a report which will help release you from liability in the event of any "monkey business". As it stands, it's your word against his, but without a bill of sale and an unsigned title he could be charged with petty theft of a motor vehicle. I tell you this not as a member of the bar, but as a former petty thief of a motor vehicle. [:D]. Good luck.

ThrillKill is offline  
post #4 of 5 (permalink) Old 06-18-2005, 05:55 PM
BenzWorld Elite
Date registered: Mar 2004
Vehicle: W203 modified
Location: Sydney Australia
Posts: 2,033
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
Send a message via MSN to miroj Send a message via Skype™ to miroj
RE: Can I get a legal advice, please?

It sounds to me like the body shop is hawking the car around for a quick sale and hoping to delay paying you till they find someone who will take it. Only it seems like they cant find anyone.

Just a hypothetical.

Modz ... enjoy the difference.
miroj is offline  
post #5 of 5 (permalink) Old 06-19-2005, 12:56 PM
BenzWorld Elite
lovemyc280's Avatar
Date registered: Oct 2003
Vehicle: 2004 Lexus LS 430 Modern Luxury. 2012 Acura TSX (fun fun) Maybe MB again one day...
Location: Provo Spain
Posts: 2,470
Mentioned: 0 Post(s)
Quoted: 61 Post(s)
RE: Can I get a legal advice, please?

Call and leave a very nice mesage that says something like "If I don't get the balance paid by tomorrow, I will be forced to call the police and report the car stolen." Period. Also inform the jerk that you will have to file a complaint with the BBB. Any other threat (serious or bluff) that can be made against his business for payment. You can threaten small claims court and remind him you do not need a lawyer for that. Let him know you plan on placing a judgement against him through court for the money owed. Let him know you mean business.

I've had people offer me payments for cars and I refused. I have taken "lay away" type plans providing receipts and a deadline for payment and it worked ok. Although I doubt I'd do that again either. Once I had a young girl I took a payment from and she kept stretching the date out. Finally she asked me if she could just drive the car and make payments. I told her to just come over and I'd give her the "lay-away" money back to her and I'd sell it to somebody else. She came back in a couple of days with the balance money and drove away.

It pays to be nice, I believe, but not with something like this. I'll stop and change a lady's tire if I'm not on the way to something, but if you don't have the money for something I'm selling....too bad for you.
lovemyc280 is offline  
Sponsored Links

  Mercedes-Benz Forum > General Mercedes-Benz Forums > Off-Topic

Quick Reply

Register Now

In order to be able to post messages on the Mercedes-Benz Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Please enter a password for your user account. Note that passwords are case-sensitive.


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:


  • Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
    Thread Tools
    Show Printable Version Show Printable Version
    Email this Page Email this Page
    Display Modes
    Linear Mode Linear Mode

    Posting Rules  
    You may post new threads
    You may post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is On
    HTML code is Off
    Trackbacks are On
    Pingbacks are On
    Refbacks are On


    Title goes here

    video goes here
    description goes here. Read Full Story
    For the best viewing experience please update your browser to Google Chrome