Legal Question in Civil Litigation in California
can we keep this vehicle?
we purchased a leased vehicle from a private party. the money never went to the car, and now she has claimed bankruptcy. the dealer obviously wants the car back, and has requested a stay to get it back before the bankruptcy claim is over. do we have any rights to this vehicle? it was never transferred to our name, but we have a written agreement. also, the hearing for the stay is next week, should we type a letter to the trustee to let them know what is going on befor the hearing?
thank you
b
1 Answer from Attorneys
Re: can we keep this vehicle?
When people, and I mean normal people in the Western Hemisphere, buy cars, they get something known as a "pink slip." The pink slip is an official document that tells you who has title to the car. People who buy cars without getting the pink slip do so at their own risk.
Think about it. You bought something from someone who did not own it. And so now you think you own it? Why? Because you gave someone money who had no right to it?
You have a fraud claim against the seller, but would have to seek a declaration of non-dischargeability from the Bankruptcy court, otherwise your action against the seller will be discharged.
You should probably give the car back to the dealer before someone like repo man comes to your house.
Very truly yours,
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