Auto Posession Dispute
Car owner accepts $1000 as initial payment on vehicle but shortly thereafter, owner sells same vehicle to dealership instead of delivering to first party. I purchased same vehicle from dealership and have bill of sale and title from BMV. I have since spent substantle amount restoring vehicle. I and original owner have been summoned to small claims. I have never met original owner. Is my title in jeopardy? If so, can I collect a sum for the restoration work I have performed?
Re: Auto Posession Dispute
Your title is superior to anyone else you have described. Be sure to take your bill of sale and other sale documents and, most importantly, your BMV title work to show the judge. The original owner will probably suffer a judgment against him for the $1000 he took from the first buyer. If the small claims judge behaves badly, and fails to recognize your title, then you should appeal the case to superior court.
C. David DuMond
Law Offices of David DuMond
2478 South Delaware Street
Indianapolis, IN 46225-2002