Car Seller Took My Money and Did Not Sign the Title - How to Get My Money Back

[JunManila]

My question involves a consumer law issue in the State of: New York

ok I admitted my stupid mistakes by trusting people too much without meeting them in person first

I drive people to supplement my disability benefit

I also volunteer for the Homeless Shelter and AIDS Hospice in Manhattan and

driving the nuns (I am not allowed to mention the name of their order) for free

I responded to an ad at Craigslist what caught my attention is the 62,000 original mileage and that the seller is a Truck Driver hardly here in NYC to drive the SUV

I ignored all the signs like: it will take him days to answer my calls and text messages

he told me that he is a Christian when his wife died he relocated to Florida but still has his apt. in Manhattan for his 2 sons and that he is in Atlanta, Ga and will be driving and arriving in NYC Wednesday latest Thursday

to sign the Dodge Durango Title and Sale's Receipt.

Thursday night the Seller call me and says that he will be meeting me next day at 1PM where the Durango is garage so I can go to the town DMV office to register my new SUV

Friday morning he called again saying that his truck flipped over at Pennsylvania Thru way and that he assure me that he will be at the place where the Durango before the DMV closes, he ask me to do him this big favor, that the title is with his son in Manhattan and that if I can give his son the $2,500 cash and his son will give me the title and receipt since he needed to pay his apartment rent due that day March 1st

and he will sign the title when we meet before 3 PM, So I did without a doubt met his son Andrew at 11:30 am and get the receipt and duplicate copy of the title then

Me and my brother drove to Mahopac where the Durango is garaged to consummate this deal we waited from 12:15 until 6:30 PM.

Every time I call the Seller my calls go directly to his voice mail he also did not answer all my text.

at 2PM I have the SUV towed to Mavis Discount Tires at Yorktown to put a new tires both right side tires are flat it will cost me $185 per tire Thank God the Manager pointed out to me that the axle and tire rod are all broken and it will be risky to drive the Durango to the highway back to Queens.

So I decided to again tow the SUV back to Mahopac where it was originally park (Towing 2x cost me $143.00 already)

Manager Shaun of Mavis Discount Tires at Yorktown is very nice not charge me the SUV problem report.

I heard that buying a used car is an "As Is" Sale

But since the Title was not sign by the Seller and me The Buyer nor the Odometer disclosure was not fill in this contract is "null and void" (I think that is the term)

Do I have a case?

and How strong is my case against the Seller?

what is my chance of winning this case

anyway today Monday March 4, 2013 I am filling a Small Claims Court at Queens County against the Seller?

I hope and pray I can get my hard earned money back from this scammer

[Mr. Knowitall]

If title was not in fact conveyed to you, then they have your money and you have what is still the seller's vehicle - that's not a completed sale.

What will happen in court? A lot could happen in court. The other side could default, leaving you with a judgment you need to figure out how to collect. (That's going to happen even if you win after a trial - odds are these people aren't simply going to cut you a check). They may offer to sign the title over right then and there - and it's difficult to know how the court will react to such an offer (and you would have to weigh accepting the offer against the difficulty of collecting a money judgment). The future is, unfortunately, hazy - lots of things can happen.

[JunManila]

Thank you for your reply, someone told me If I win this case that I can have a Marshall or Sheriff collect the judgement for me (don't know how much they charge) or put a lien on his bank account or property (if he own a house) or garnish his salary.