Chicago, IL asked in Consumer Law, Criminal Law and Civil Litigation for Indiana

Q: I gave money for a car that was never delivered and seller sold the same car to another person in which they never got.

I gave $580 which was half on car plus parts needed for a repair. Was to pay remainder $450 5 days later when repairs were done. Seller won't return calls or texts. Seller sold same car to another person which they didn't get car either. Can I press charges?

2 Lawyer Answers
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Most definitely. Since the amount is rather low, you should most likely file in a Small Claims court where the limit for recovery is $6,000. Go to your local courthouse, visit the Small Claims clerk desk and ask for the proper form. The filing fee will probably be $125 or so but it varies from county to county. That will include the filing fee and service on the other party. Be sure to have the information of the other party, including their correct name and address. You will get a court date. Be sure to show up for the court date or dates that you are given with all of the evidence you have. Small Claims court is set up to not require the assistance of attorneys in most cases.

Paul Stanko
Paul Stanko
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: Yes. That is Theft. Contact the police and file a report.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.