I sent a guy $32,500 2 years ago in july and he refuses to send me title but got my $

[Honcho]

I am a New York attorney, not Louisiana, but here are a few things you should consider before plunging into a lawsuit. I also had a seller who refused to send me the title for a couple of months (he eventually did, but only after some sternly worded attorney letters from me- turns out he was trying to evade his state sales tax.) First, you should take a deep breath and count to 10. Seriously. You will make better decisions when you are calm, believe me. Second, you need to decide what you want to get out of the situation. For example, do you want your NSX or do you want your money back? Generally speaking, you can’t have both. Assuming you decide that you want your NSX, you should consider having your attorney send a demand letter to the seller for the title within X days. Also, you should obtain written confirmation from your credit union that it never received the title. Finally, you should have written evidence of the money transfer, checks, delivery of the car and, ideally, a bill of sale.

Although I am not familiar with Louisiana law, one avenue you should discuss with your lawyer is seeking what we call a “declaratory judgment” from the Court. Unlike money damages, this is an equitable remedy where the Court essentially declares you to be the rightful owner of the vehicle. You would have to prove to the judge that the agreed money was exchanged and the NSX actually was delivered to you by the seller- that is where all of the documents come in. You would also have to prove that the seller has the title and is refusing to provide you with it. If you succeed, or if the seller fails to respond and defaults, the Court can essentially order the DMV to issue you a clean title in your name (at least in New York).

One issue of which you should be aware is that the judge could also determine that the seller never was in a position to sell the car because he never had good title. In that case, the Court could order a return to the status quo, where you return the car and the seller returns the money. This is a risk you run by commencing a lawsuit.

In any event, I would also seek attorneys’ fees and costs associated with the action, to the extent they are permitted by Louisiana law. Just my two cents, but you should discuss this with your lawyer and decide on the best outcome for you. Lawsuits cost money and those costs can go up very quickly. Keep that in mind.

 

[4AU4LIFE]

I am a New York attorney, not Louisiana, but here are a few things you should consider before plunging into a lawsuit. I also had a seller who refused to send me the title for a couple of months (he eventually did, but only after some sternly worded attorney letters from me- turns out he was trying to evade his state sales tax.) First, you should take a deep breath and count to 10. Seriously. You will make better decisions when you are calm, believe me. Second, you need to decide what you want to get out of the situation. For example, do you want your NSX or do you want your money back? Generally speaking, you can’t have both. Assuming you decide that you want your NSX, you should consider having your attorney send a demand letter to the seller for the title within X days. Also, you should obtain written confirmation from your credit union that it never received the title. Finally, you should have written evidence of the money transfer, checks, delivery of the car and, ideally, a bill of sale.

Although I am not familiar with Louisiana law, one avenue you should discuss with your lawyer is seeking what we call a “declaratory judgment” from the Court. Unlike money damages, this is an equitable remedy where the Court essentially declares you to be the rightful owner of the vehicle. You would have to prove to the judge that the agreed money was exchanged and the NSX actually was delivered to you by the seller- that is where all of the documents come in. You would also have to prove that the seller has the title and is refusing to provide you with it. If you succeed, or if the seller fails to respond and defaults, the Court can essentially order the DMV to issue you a clean title in your name (at least in New York).

One issue of which you should be aware is that the judge could also determine that the seller never was in a position to sell the car because he never had good title. In that case, the Court could order a return to the status quo, where you return the car and the seller returns the money. This is a risk you run by commencing a lawsuit.

In any event, I would also seek attorneys’ fees and costs associated with the action, to the extent they are permitted by Louisiana law. Just my two cents, but you should discuss this with your lawyer and decide on the best outcome for you. Lawsuits cost money and those costs can go up very quickly. Keep that in mind.

Obviously that is very good advice.
I think the best advice is for you, the purchaser, to really calm down and take a rational and professional approach to resolving this issue.
IMO, by coming on here and making threats and all kinds of accusations doesn't make you look very stable. While I can totally understand your anger, you need to channel it into getting the situation resolved. If the person comes on this board or sees this thread, they could possibly take exception to some of the things you have said and file a lawsuit against you in return. He can print them out and use it as evidence.
Good luck with getting this taken care of.

 

[tbromley]

Both 92 and especially Honcho gave this guy super great advice and all for free!!!!! You guys are really great and Honcho you are the man for helping out here like that. If this guy doesn't know it by now - that's what makes Prime so awesome and I say that with all sincerity from a guy that has been around the block a few times himself - ummmm- that'd be me.

When I first read this post and then read the post from the guy out there in CA that previously owned the car - it is obvious that there are some issues here from both sides that need resolving. There is definitely something wrong with the guy in CA but by the same token the guy that bought the car - did get a real good deal in my opinion.

However, the way to solve this is with calm resolve not irrate behaviour and using this site to just "express" yourself as 92 said that can be used against you. Be careful and good luck.

Again many thanks to Honcho and 92 - great follow up! Love this group and my NSX - really a family here! :wink:

 

[bruckner]

Infuriating to say the least. However I believe law suits in such circumstances rarely bring a happy ending for the victims who demand satisfaction. I'm not familiar with the American justice system, but I suspect it's not that different than it is up here in Canada as far as procedures go, the elusive victory is often years away and the costs (which may not be assumed by the defendant) generally outweigh potential remedy awarded by the courts.

I think the suggestion made earlier to demand a declaratory judgment of ownership is very good, surely the least complicated way to achieve the desired results.

Seeking revenge through judicial intimidation is not something I condemn, but I doubt it will result in anything really satisfying. It's hard to win an argument with a fool.

Good luck!

 

[tbromley]

Infuriating to say the least. However I believe law suits in such circumstances rarely bring a happy ending for the victims who demand satisfaction. I'm not familiar with the American justice system, but I suspect it's not that different than it is up here in Canada as far as procedures go, the elusive victory is often years away and the costs (which may not be assumed by the defendant) generally outweigh potential remedy awarded by the courts.

I think the suggestion made earlier to demand a declaratory judgment of ownership is very good, surely the least complicated way to achieve the desired results.

Seeking revenge through judicial intimidation is not something I condemn, but I doubt it will result in anything really satisfying. It's hard to win an argument with a fool.

Good luck!

Another great point - I hope this guy listens to all this good advice.

 

[Honcho]

Thanks Tim. Just tryin to help.

Both 92 and especially Honcho gave this guy super great advice and all for free!!!!! You guys are really great and Honcho you are the man for helping out here like that. If this guy doesn't know it by now - that's what makes Prime so awesome and I say that with all sincerity from a guy that has been around the block a few times himself - ummmm- that'd be me.

When I first read this post and then read the post from the guy out there in CA that previously owned the car - it is obvious that there are some issues here from both sides that need resolving. There is definitely something wrong with the guy in CA but by the same token the guy that bought the car - did get a real good deal in my opinion.

However, the way to solve this is with calm resolve not irrate behaviour and using this site to just "express" yourself as 92 said that can be used against you. Be careful and good luck.

Again many thanks to Honcho and 92 - great follow up! Love this group and my NSX - really a family here! :wink:

 

[nsxtasy]

When I first read this post and then read the post from the guy out there in CA that previously owned the car - it is obvious that there are some issues here from both sides that need resolving.

I don't see a post from the previous owner in CA. Am I missing something, or was it posted in a separate topic?

 

[tbromley]

I don't see a post from the previous owner in CA. Am I missing something, or was it posted in a separate topic?

Go back to the first page and one of the posts has a link - something like "is this the one?"....then you'll get the other side of this pile of manuer! Obviously to me the PO is off his nut - I mean how do you let your car get on a truck, shipped out right in front of you, cash the checks and then refuse to let the title go....what a maroon. I'm sure there's more to it but man - this is bizzare to say the least! Glad I didn't have that to deal with.

 

[HIJACKER]

Can you post the VIN # of this car?

 

[EdinKali]

Go back to the first page and one of the posts has a link - something like "is this the one?"....then you'll get the other side of this pile of manuer! Obviously to me the PO is off his nut - I mean how do you let your car get on a truck, shipped out right in front of you, cash the checks and then refuse to let the title go....what a maroon. I'm sure there's more to it but man - this is bizzare to say the least! Glad I didn't have that to deal with.

That doesn't appear to be the same car 91 vs 96 and that guy is in TX not CA.

 

[DutchBlackNsx]

I agree, there's more to this then what we read here.

 

[queenlives]

I feel you buddy, but somehow I found it funny reading your post, maybe because of the language.

how ironic.

 

[arista5]

mechanics lein or abandoned vehicle title?

 

[IBCOOL]

When I got the car it had no Cali plates, so I am left plateless, title-less, but, I have set the wheels in motion. Will keep you guys posted.

I gotta tell you when the guy called me when the car had been on the truck for 2 says and he had cashed the check from the credit union, I was not about to eat the $1800 trucking fee AND SEND HIM HIS CAR BACK. The guy, and some punk kid called me constantly with all kind of threats and I told them to both pound sand, and, suck an egg.

The sprockethead seller has nothing on me. I did everything acting in good faith, and I have the documentation to prove it. His stuborness is going to cost him a s**tload of money when I set this sawed off, bald, UGLY, Jewish fellah on him. Oh well.

The guy had 5 days to say no. Hell, he HELPED THEM LOAD IT ON THE TRUCK!!!!!!!!!!

 

[RPM217]

When I got the car it had no Cali plates, so I am left plateless, title-less, but, I have set the wheels in motion. Will keep you guys posted.

I gotta tell you when the guy called me when the car had been on the truck for 2 says and he had cashed the check from the credit union, I was not about to eat the $1800 trucking fee AND SEND HIM HIS CAR BACK. The guy, and some punk kid called me constantly with all kind of threats and I told them to both pound sand, and, suck an egg.

The sprockethead seller has nothing on me. I did everything acting in good faith, and I have the documentation to prove it. His stuborness is going to cost him a s**tload of money when I set this sawed off, bald, UGLY, Jewish fellah on him. Oh well.

The guy had 5 days to say no. Hell, he HELPED THEM LOAD IT ON THE TRUCK!!!!!!!!!!

What place does your attorney's religion have in this is beyond me. I think that your situation sucks, but so does your blatant prejudice and I take exception to your derogatory comments. I wonder how your attorney would feel about having you as a client if he knew how you felt about him!!!

 

[eyecandy]

I really would love to hear the other side to this story. The situation does suck but so does this guys attitude...

 

[DocL]

What place does your attorney's religion have in this is beyond me. I think that your situation sucks, but so does your blatant prejudice and I take exception to your derogatory comments. I wonder how your attorney would feel about having you as a client if he knew how you felt about him!!!

I was going to make a statement about this post also. Reading these posts that the OP writes leads me to believe that there is more to this story. I wonder if we knew his ethnic background and started making derogatory remarks about him how he would like it. For now, I'll just call him a jerk.

 

[4AU4LIFE]

What place does your attorney's religion have in this is beyond me. I think that your situation sucks, but so does your blatant prejudice and I take exception to your derogatory comments. I wonder how your attorney would feel about having you as a client if he knew how you felt about him!!!

Agreed.
Obviously the OP isn't here to seek and heed advice.

 

[ChopsJazz]

What place does your attorney's religion have in this is beyond me.

Not to mention his hair loss problem.

 

[tbromley]

Agreed.
Obviously the OP isn't here to seek and heed advice.

Maybe not 92 but he sure has gotten a pile of good advice from this group and I bet he's been reading all this. You know a lot of folks write stuff like this thinking that we are all just going to follow along with the same totally incensed feelings that "he" has. We are a pretty smart group here (notice how I included my self in that - I know that's up for debate) and we don't usually just follow along with anything without asking our own questions.

I too would love to hear the story but you gotta think that the dude out there that owned the car had to put it on the truck - right. If he had changed his mind - he might have called the guy and told him he has an awful case of sellers remorse and would have gladly paid to have the vehicle sent back and would not cash the check, etc., etc. Been a decent dude about it but what likely happened is that he got wised up from someone that called and said...."man I would have given you 5k more for that car" and "you are crazy to sell it for that", etc. You know something like that - can't you just hear it? Well the dude that he bought it from made a big mistake but this fellow here had already sent him the funds and it was put on the truck with funds in hand....don't you think. No way somebody came over there with a gun and forced the seller to put the car in the truck - right?

This is pretty bad - and the guy here is just kind of like the cat that just ate the canary - with a big grin on his face! I've been there with both buyers and sellers remorse. Not this bad of course.

 

[IBCOOL]

For the people on this forum that I offended, I am terribly sorry for offending the thin skinned people out there.

Just so you know, I am of cajun and American Indian descent and my girlfriend is Vietnamese, French, and a little black, so I am not prejudiced. I like all people, but , not ones that throw me in a trick bag for $32,500.

The seller can't sue me for anything that I've said here because it is all true.

I noticed a thread above that says that this is the other pile of this mess. I went to the thread and that is not the car I bought, and , not the guy I bought it from.

You holier than thou folks put yourself in my shoes. YOU WOULD BE REAL PISSED OFF.

As far as the Jewish attorney deal. I always hire Jewish attorneys. Mr. Carlos Marcello(google him) told me during the 11 years I ran restaraunts for him that if I ever was to need an attorney, always hire a Jewish attorney. It seemed to work for him,except towards the end of his life and it has always worked for me so far. Would you guys feel better if I hired an attorney of Pakistani descent?

So before you judge me and make disparaging comments and act like you pooh pooh ice cream, try and understand, I was and still am pissed off.

I will go seek counseling with my shrink and get back with you all.

To those who helped me with good advice, thanks. To those I offended sorry.

Oh yeah, the Jewish girls I've knocked off were always screamers and really talented in bed. I am not a racist. Perhaps you guys should look at the 2X4 in your eye before you look at the speck of sawdust in mine. Peace out!!

 

[IBCOOL]

Also, the car sat on ebay and classy motors.com at $42,500. It did not get one bid in two months. I negotiated with him for a month before I thought I closed him.

 

[docjohn]

Ibcool man you are kinda losing it with your continued crude ethnic characterizations,this is turning into a bad SNL skit copy ...I think you should resist the need to answer your critics on prime and work to correct your car debacle,let us know how it turns out.