Overhaulin'

I need legal advice. A person "sold" me a trailer that his father owned after a stroke.?

about a year ago, the father was still alive and I believe the son did not have power of atty. I gave the son a 3000.00 bank money order made out to the individual with the address of the trailer and directly under the address i wrote "for purchase" signed it and he signed the back to cash or deposit the check. He never delivered the title, is the money order a bill of sale because our signatures are on the check? Did he commit theft by deception.He told me to leave the utillities in the fathers name and just to make money orders out w\ his fathers signature the same for the lot rent also.the dad diedlast August. This has gotten messy the son has cut the electricity and gas off forcing me out in the street.the guy befriended me got my trust and now is taking me for all i have.I had two Harley motorcycles and a 1954 chevy stored in his garage on good faith. One rainy a.m. the car and bikes were pushed out in the rain, solvent was put in the oil,ruined the motors.is that vandalism?

Public Comments

1. Depending on the state laws, you could be in receipt of stolen property. Contact a lawyer and get some advice. This goes beyond calling the local police for advice, you so detailed legal help here. Good Luck
2. First off - get your property off that land! Don't give him a chance to charge storage fees, or have the chance to sell the stuff. Unless you or someone else actually witnessed him vandalize the items, you have no proof it was him, no matter what you gut says. Yes, the money order is your "proof of purchase". If nothing else, you have the guy for fraud, if the trailer was not his to sell. If is was a legal sale and he failed to deliver the goods, you have him there as well. Having both your and his signature along with "for purchase", should be enough. Be sure to send the guy at least one or two letters (receipt return so you have proof of delivery) giving him a chance to make good. All of this is evidence for court. Good Luck!
3. First of all, it appears this person did not have a legal right to sell you anything because he was not on the title. If he had a conservatorship decree from the court, then possibly, but it does not sound like that from your post. You would appear to have a good case in court because you acted (although foolishly) in good faith. (Why in the world would you not have simply exchanged the title for your money order in the first place, though?) As to the further matter of your utilities and personal property, we can't go back in time, but you should have demanded that title within one week of the original transaction. You were beyond foolish to keep the utilities in the name of the seller. Should you decide to go to court, I would be highly surprised if you would lose, however, the amounts you are talking about are far beyond small claims court limits, so you will need to consult an attorney. If it were me, I would let this fellow know that you are going to be contacting the local district attorney office to let them know of his fraud. This will give you a chance for him to make things right, financially, before you do actually go to the DA. You have been dealing as if this is a civil matter but from what you say, you likely are involved in a criminal issue.