Purchased Car from Stepparent But He Kept and Sold It

[clintcombs2011]

My question involves small claims court in the state of: Ohio
Heres the story I was seventeen years old and had some money in the bank after my father passed. My step father wanted to sell me his ford 97 mustang for 3 thousand dollars. So i went to the bank and had a court date and told the court that i am going to buy this car from "someone". My step father told me to tell the judge this so i would be able to get this car. Now my step mother was in the court room with me. Now what ended up happening was i gave my step father the money. I couldn't put the car in my name b/c I didn't have a valid drivers lincense. He took the mustang sold it so he could leave the country while facing child support. He hasn't settled any payments yet. What claims could I file who do i talk to and is it too late to file. This happend in 2007. Thank you for your time.

[Mr. Knowitall]

So, the car was sold years ago, your stepfather has lived in a foreign nation for the past four or five years (what country?) and you want to try to sue him for the $3,000?

A sales contract has a four year statute of limitations. It may be possible to characterize the complaint to allege a different cause of action, or you may be able to argue that the statute of limitations is tolled (extended) based upon the defendant's absence from the jurisdiction. I have no way of knowing how easy it will be for you to locate and serve your stepfather, and I doubt that he will cooperate by paying a U.S. judgment from the nation in which he presently lives - but your guess on that issue should be better than ours.

[PTPD22]

Ok, I'm totally confused. Why did purchasing a car from your stepdad involve going to court and explaining the intended purchase to a judge? And why would a judge prohibit the purchase if it was from your stepdad, but not if you were purchasing it from "someone?" And, why would not having a driver's license prohibit you from legally owning a vehicle?

[Mr. Knowitall]

My inference is that he had some money held subject to the supervision of a court - perhaps an inheritance or the settlement of a personal injury case - such that he needed court approval to spend it "for his best interest". In terms of stepdad, my guess is that either stepdad had made himself a reputation for trying to get junior's money by that point, or would have no explanation for why junior could not simply use the car instead of having to buy it.