Car title problem - dealership put it in someone else's name and I paid for the car.

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kitkat1965

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I gave my daughter $3500 to buy a car. Her boyfriend took her to Raleigh to buy the car. She didn't have enough money so he paid the other $1400. The dealership put the title in his name, not hers. her boyfriend at the time said that she can make payments when she gets a job. When they returned, She gave him back the $400 to pay for the tags, taxes and title(first installment for payment). She now owes him $1000.00. They broke up soon after that, and she asked me to help her budget her money because she wants to pay him off as soon as possible. The tags and registration never came. He had everything sent to him because everything was put in his name. He won't give her the license plate until she pays him in full. He has already threatened that he was going to sell the car and keep the money because he can, the title is his name. She needs the license plate to drive the car to work to make money to pay him but I'm afraid if we pay him, I'll be out a total of $5400.00 because we had put new tires on it too worth $500.00. She since has gotten a job and saved $125.00 so far. She has to make payments on the $3500.00 becasue that money was placed in a money market savings for her to borrow the $3500.00 for a cheaper interest rate. We did this so that she could start building her credit. We want to pay him put he still won't give her the License plate until she pays in full. She has been driving the car to go to work afraid she is going to get a ticket too. I've already spent alot of money on this. What can I expect to happen if I take him to small claims? Will I be able to get the judge to rule he pays for the court cost and fees for me to just get the license plate. I'm wondering if its better to just take him to small claims to get him to give me back the $4400 and he keep the car. He won't do that either by the way. He doesn't want the car. He's a scorned woman is what he is.
 
Sure, you can sue anyone in small claims court. If you win, the trick is making the loser pay the judgment. Small claims courts don't have the power to make people perform a specific act, like return a car.

Small claims courts can order a monetary award. Then you, the plaintiff, have to try and collect on the judgment. It doesn't work in real life like it does on Judge Judy or People's Court. You have to try and collect your money.

About 80% of small claim plaintiffs win. Fewer than 40% of them ever get a dime of their award.
 
Then I'd be better off taking him to small claims and getting a judgment against him to pay me back the $4400? He fraudulently had the car put in his name. I paid for it but didn't get the title. What about a lien against it so that if he sells it I can collect my money back?
 
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