Sherman Oaks, CA asked in Civil Litigation, Contracts and Consumer Law for California

Q: About 4 or 5 years ago I traded in my 2009 Chevy Silverado that was 2 months away from being paid off on a Camaro at a

Used car lot about 4 weeks later I was arrested for nothing pertaining to this question, and I spent a month in county jail then was released straight into a drug rehab, when I was at the end of my county stay or in the beginning of my rehab stay the owner of the used car lot went and got the Camaro I had bought out of the police impound yard and re-sold it to someone else. Now shouldnt he have to give me back my truck or the monetary equivalent of what it was worth?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: First, you are going to be looking at potential Statute of Limitations problems if you have waited 5 years to do anything about this. A statute of limitations sets the maximum time that you can wait before bringing a lawsuit on your claim. The SOL on a written contract is 4 years and on a verbal agreement 2 years. Other statutes may apply in your sales context, this is not an opinion about which SOL applies but only that this sounds like a stale claim. Next, the rights of the owner are set forth in the written agreement you had with him, so you need to find that and read it.

Sorry that all this happened to you when you were apparently trying to get your life in order.

You should find all your paperwork and take it to an attorney for a consultation.

THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE IN A PUBLIC FORUM, EVEN MINE. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS. THIS DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP BETWEEN US.

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