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  1. #1
    Join Date
    Feb 2020
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    1

    Default Sold My Food Trailler, Transfered the Tittle , Checked Bounced , Didn't Get Paid

    My question involves a consumer law issue in the State of FLORIDA

    ok, so this is my issue, i bought food trailer from china, it was a struggle to register in the DMV because of lack of documents they were required for being imported, but i finally got it , so i had a friend interested in buying he offer me 10k since the trailer was imported from china he was afraid that he may have issues transferring to he's name and getting a new tag, so he transferred $5k and promised me he would pay the difference if he could transfer the title without problems like i had the first time, so he gives a check for the rest and went to the DMV.
    he transferred the title to his name and got new tags without a problem, but now he's check bounced and the title of the trailer is in his name. i did not give him the trailer, it's locked in my garage.
    my question is can he come and just pick the trailer up alleging it his?
    how can i receive the rest of the payment?
    i have he's bounced check in hands, can i take it to court?
    is possible i recover the title back ?
    Thanks
    Victor.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,623

    Default Re: Sold My Food Trailler, Transfered the Tittle , Checked Bounced , Didn't Get Paid

    Quote Quoting victor1984
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    promised me he would pay the difference if he could transfer the title without problems like i had the first time, so he gives a check for the rest and went to the DMV.
    With a friend like that you don't need enemies.

    A bonehead, amateur move. You should have insisted on cash and gone to the DMV with him, asked the counter clerk if title would transfer and if she said yes, he would hand over the cash.

    Quote Quoting victor1984
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    he transferred the title to his name and got new tags without a problem, but now he's check bounced and the title of the trailer is in his name.
    What a surprise.

    Quote Quoting victor1984
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    i did not give him the trailer, it's locked in my garage.
    my question is can he come and just pick the trailer up alleging it his?
    It won't be alleging. It will be fact. He OWNS it. You keeping it from him is theft. What you have is a breach of contract issue on the money and, obviously, no contract allowing you to repossess the item.

    Quote Quoting victor1984
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    how can i receive the rest of the payment?
    Sue him. Or, you can run a bluff and insist on cash to release the trailer. Maybe he'll fall for it.

    Quote Quoting victor1984
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    i have he's bounced check in hands, can i take it to court?
    Google Florida Bad Check Law.

    Quote Quoting victor1984
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    is possible i recover the title back ?
    Nope. It's his trailer.

    Getting the money is your problem. Expensive life lesson from the school of hard knocks. NEVER take a check when you sell something. CASH only. No exceptions. Not for anybody, not even friends or family.

  3. #3
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Sold My Food Trailler, Transfered the Tittle , Checked Bounced , Didn't Get Paid

    I know what I would do. I would keep the trailer locked in my garage and force him to come to that location with the police and threaten to have me arrested for theft.

    You possess a bounced check of his. If he never had the funds in that account when he wrote the check, that might be considered bank fraud. Those are crimes of themselves, so you have one on him too.

    Go to his bank to cash the check but first ask for a balance verification of that check. If the funds are in there, cash it.

    Making threats and testing people is often more effective than suing. It is what lawyers do 90% of the time.

  4. #4
    Join Date
    Mar 2013
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    17,623

    Default Re: Sold My Food Trailler, Transfered the Tittle , Checked Bounced , Didn't Get Paid

    Quote Quoting CONNOR99
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    Making threats and testing people is often more effective than suing.
    True. As long as one understands the potential consequences if something goes awry.

  5. #5
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Sold My Food Trailler, Transfered the Tittle , Checked Bounced , Didn't Get Paid

    Quote Quoting adjusterjack
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    True. As long as one understands the potential consequences if something goes awry.
    I would not open the garage and hand over an unpaid-for trailer unless a cop was standing in front of me with his handcuffs out.

    A potential consequence is something we deal with every day. Likely potential consequences are what we should be concerned with. Which IMO this does not rate.

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