Question:
We signed a bill of sale stating as is, and I signed over the title to him. He wrote me a check for the amount of $500, and I deposited it into my bank the next day. A few days went by, and he called and informed me that the car was not functioning the was he expected. He test drove it and had been driving it since. I told him that it was a bad turn of events for him and there was nothing I could do. I made sure he understood that the contract we signed was an 'as is' agreement. Today, my bank had withdrew the check back, and in calling them, I found out that his account did not have the funds available. I also contacted his bank and they say the same thing, but cannot do much about it. What actions should I take to assure that he pays me for the car? Is this something the police need to get involved in? What type of laws or statue's are there that protect pepole from bad checks like theses? Any advice on this issue would be greatly appreciated. Thanks in advance
Answers:
Does Carmax sell good used cars?
Call the police and swear out a warrantIt is against the law to write a check when you do not have sufficient funds to cover it.
When faced with jail time or a court order, I suspect he will find the money.
Three words:
What free websites are there to help sell my car?
Small Claims Court
Or maybe you could go on Judge Judy, that’d be awesome.
But in all seriousness, just call 311 or something, legally, as he didn’t pay, it’s still your car.
Most states have actions for check fraud, and it's usually 3x the face value of the check plus court costs and attorney's fees (if necessary).
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This amount is within most small claims limits, so you can file it yourself.
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Lesson: CASH the check, don't just deposit it.
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I'd NEVER accept a personal check in the first place.For those who have leased cars?
I'd demand a cashier's check, or for a MERE $500, CASH IN HAND.
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AND sign a bill of sale, stating this car is being sold AS IS.
As for right now, print out all this proof of non-payment. It's important to have WRITTEN proof.
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Call the police and report it stolen! then press charges for writing a bad check!! That will teach him of having buyers remorse!!Good luck. For $500 it may not be worth the hassle. Never accept personnal checks as payment. If you do, wait until the check clears before giving the product to the buyer. I'm sure there are laws regarding this issue, but again is the effort and costs (not just financially) worth the $500. My opinion is to cut your losses with minimal hassle. Get your vehicle back, try to get the buyer to offer something for their use and possible abuse of that vehicle, and move on learning a lesson on selling. I'd at minimum report it to the police and see what they say. This person may have a history of such transactions and needs to be dealt with.
This sounds like a job for "Small Claims Court!"
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Short of showing up at his house and threatening him with something that would undoubtedly be illegal, I'm not sure what else u can do.
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Good luck!
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