Will I ever get my money back from a scam?

Asked over 4 years ago - Jacksonville, FL

Husband and wife team are working together to sell cars that are 10 years and younger where they are changing the odometer since wife has a clean record. The sales are in her name, the detective that I have been working with finally made an arrest today and she has been charged with 10 3rd degree felonies and a 2nd degree misdemeanor. Is it likely the courts can get her to pay my money back and will I have to wait for her to be released if she receives a lengthy sentence

Attorney answers (2)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . I hope that you have also reported this to the consumer affairs division of the office of the attorney general.

    I would file a small claim case or a district court case immediately so that you are at least first in line or at the head of the line against these people. Have your investigator do some work on any and all assets that these people own so that you can do what is called pre judgment security, which means attachment of anything they may have that is worth money.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  2. Ronald Lee Burdge

    Contributor Level 20

    Answered . You may end up having to wait but it is worthwhile to seriously consider filing a claim right now. Odometer fraud sucks and can cost you big money. Everyone knows that a car with few miles on it is worth a lot more than a car with lots of miles, which is why there is a federal law (and I think every state has its own state law too) that makes it illegal to tamper with a motor vehicle odometer. State laws make it a criminal act almost everywhere, in addition to giving the victimized buyer the right to sue the seller. Federal law also gives the victimized buyer the right to sue the seller. In most cases the buyer has the right to recover a minimum $1,500 up to a maximum of three times your damages. The person who does the tampering can be liable and the person who sells the tampered vehicle may also be liable if they do not disclose the tampering when they sell it. The buyer can sue the seller and may also want to consider reporting it to the local police or prosecutor. And if you only sue for $1,500 (the minimum) then you can probably file your claim in your local small claims court without using an attorney. But these laws also say that you can make the seller pay your attorney fees so many attorneys (who know this area of the law) are willing to handle this kind of case without charging you. Odometer fraud actually can give you the right to file several different types of claims, depending on your state’s laws and the facts involved in your case. If you are a victim of odometer fraud then you need to talk to a local Consumer Law attorney who deals with this kind of case. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please check the box below.

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