Legal Question in Civil Litigation in Indiana
Automobile sale...
My daughter put an ad in our local paper on March 3rd to sell her 1992 Chevy Cavalier with 140k miles for $650. It was sold that evening to a lady for her 16yr. old son..They paid with a check and drove away. My daughter deposited the check that evening with the funds to be available on the 5th. The funds became available and on the 12th her back sent her a notice that there was a stop payment put on the check. We notified the police and no one has been able to get in contact with this woman. We have her name and address and phone numbers. We are out the money and the car. Where do we go from here? Do we have a case to take her to court for payment? We just don't know where to begin.
1 Answer from Attorneys
Re: Automobile sale...
Yes, you likely have a case for fraud/conversion from both the standpoint of converting the vehicle and stopping payment on the check. It is doubtful that any attorney will want to handle a $650 case even if they can get triple damages. I would suggest filing an action in small claims court. I believe it is $50 to file a suit.
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