EMERGENCY MY R32 MAY HAVE BEEN STOLEN NEED SOME HELP QUICK

[r32toquick]

I recently had listed my R32 on sale on craigslist in NYC about 2 weeks ago. I got plenty of calls and plently of potential buyers willing to purchase my car. So one potential buyer calls me from Miami that had alot of intrest in my car. So we agreed on a price of 18K that was contingent upon wheter or not he liked my car. He also asked me if I could write the car as a gift by putting $0 on the Bill Of Sale and the Title so he could avoid paying sales taxes in Florida. He said that this is a general legal procedure which people follow when doing a private sale this would help him save money by not paying taxes since he is paying his travel expenses to see my car. I talked to my tax advisor and he said this was fine and I can also deduct this sale off my taxes. So yesterday on thursday the buyer flew into NYC to pick up my car. He gave me a Capital One Auto Loan Check for 18K in which I went to my bank to verify funds. My bank said the funds were good and its basically a Certified Cashiers Check. So I gave the buyer a Bill Of Sale and NY Title with $0 on it, and he drove back to Miami. So I go to my bank today and they tell me the 18K Capital One Auto Loan check had a stop payment issued on it. We called Capital One, and they said they issued a stop payment because the buyer told them he lost the check so they voided the check and issued him a new one. So I call the buyer today and no answer. Am I screwed ? I think I might have to go down to Miami and pay him a visit. It appears that I am out of my money and car since I dont have any funds. Is their anything I can do legally ? I think my car is stolen. Please help.

[appleman]

before everyone starts with the macho beat his ass garbage, do you have a bill of sale?? With his name on it. What about any of his other information?

[r32toquick]

Can someone help me please. I have called this guy over 30 times today and no answer. It appears Im outta 18K. HELP

[Juniper Monkeys]

Call the cops, not the dude that just stole your freaking car.

[r32toquick]

Yes I have a copy of the Bill Of Sale, and the Title and all the other documents we signed.

[Beltfed]

Quote, originally posted by r32toquick »

He gave me a Capital One Auto Loan Check for 18K in which I went to my bank to verify funds. My bank said the funds were good and its basically a Certified Cashiers Check.

A Certified Cashier's check might be legit, but the funds still have to clear the bank just like a personal check as to avoid the issue that you now have...the buyer put a stop payment on the check.

The only true certified funds are U.S. Postal money orders, everything else technically has to clear your bank.

Call the buyer's local PD and file a complaint.

[Super 180s]

You agreed to, in writing, a price of $0?

The buyer may try to argue that it was a legally binding contract. However, he'll have problems with this if there was no consideration.


Modified by Super 180s at 10:06 PM 1-25-2008

[appleman]

i'd call the cops now. Then work on getting his information ready for them when they ask you to fill out a report.

[Diamond Dave]

And nothing about this transaction seemed out of the ordinary to you?

Perhaps your buyer went back to Nigeria?

[BRealistic]

I would never put down "0" for selling price on anything.

That being said- I am fairly sure another form is needed for a "gift" car sale to have "0" on the title.

At any rate- the amount lost here supersedes any minor tax evasion crimes imo. Call the cops and tell them the whole story.

[ToucheTurtle]

Quote, originally posted by Super 180s »

You agreed to, in writing, a price of $0?

Thats pretty common actually.

[watson]

an r32 down the drain

[JrodVW]

Sounds like you just got jacked or gave your car away free..

Why did you hand him the title before the funds cleared?

Why on Gods Green Earth did you sign a bill of sale stating the price was $0??!?!?

[BRealistic]

Quote, originally posted by ToucheTurtle »

Thats pretty common actually.

Well- that's a strong argument against "common sense".

[mhjett]

Good God almighty, you have a problem THIS big, and you're asking for help on the INTERNET?

Modified by mhjett at 1:11 AM 1-26-2008

[Super 180s]

Quote, originally posted by ToucheTurtle »

Thats pretty common actually.

It seems common sense isn't so common afterall.

If the buyer is trying to get out of tax, tell them to go **** themselves. You don't need the bad karma associated with aiding and abetting tax evasion.

[JrodVW]

Quote, originally posted by ToucheTurtle »

Thats pretty common actually.

Where? Any time someone has asked me to "cut them a break" on a private sale I still type up a bill of sale for the amount and leave it blank on the title. If THEY want to try and screw the tax man that's their drama, not mine.

At the dealership: No way. No how. Bill of Sale is always the amount you paid. Your title will be sent UPS Overnight after your funds have cleared.

[r32toquick]

Guys be serious. The guy is not from Nigeria nor was this a fake nigerian check. This was a legit Capital One Auto Loan Check aka Certified Check which are guaranteed funds. But Capital One issued a stop payment on the check bc the buyer stated the check was lost and they issued him a new check. I did called the police in Miami but they were no help whatsoever. Anyways is their any legal actions I can take ?

[medicracer]

Maybe your R32 was in fact actually TOO quick, and decided to make a run for the border... with your $00000.00USD bill of sale ya tool.

[JrodVW]

Quote, originally posted by medicracer »

Maybe your R32 was in fact actually TOO quick, and decided to make a run for the border...

Oh I'd bet dollars to donuts that car isn't within U.S. Borders anymore.

[Super 180s]

Quote, originally posted by r32toquick »

Guys be serious. The guy is not from Nigeria nor was this a fake nigerian check. This was a legit Capital One Auto Loan Check aka Certified Check which are guaranteed funds. But Capital One issued a stop payment on the check bc the buyer stated the check was lost and they issued him a new check. I did called the police in Miami but they were no help whatsoever. Anyways is their any legal actions I can take ?

If you're this stupid, how did you get the money together to afford an R32 in the first place?

Get in contact with the police, and hire yourself a lawyer and a PI.

[Beltfed]

Quote, originally posted by r32toquick »

This was a legit Capital One Auto Loan Check aka Certified Check which are guaranteed funds. But Capital One issued a stop payment on the check bc the buyer stated the check was lost and they issued him a new check.

Nobody said it wasn't legit, without clearing your bank....that check was as good as toilet paper.

If you let the funds clear the bank, Capital One would not have been able to stop payment....get the drift?

[r32toquick]

Anyways I need my money or my car. Can I take legal action against him ? I also filled out this Florida DMV form a gift donation tax exempt form also for him.

[BRealistic]

Quote, originally posted by JrodVW »

Oh I'd bet dollars to donuts that car isn't within U.S. Borders anymore.

Why would the seller care about a "0" sale price if they were taking it out of the country?

[atetuna]

Quote, originally posted by r32toquick »

Guys be serious. The guy is not from Nigeria nor was this a fake nigerian check. This was a legit Capital One Auto Loan Check aka Certified Check which are guaranteed funds. But Capital One issued a stop payment on the check bc the buyer stated the check was lost and they issued him a new check. I did called the police in Miami but they were no help whatsoever. Anyways is their any legal actions I can take ?

Well, they acknowledge that they have his contact information, so at least you have someone to chase down. Actually, since this is an interstate transaction, I believe you can report it to the FBI.

[madeurotuner]

Man that sucks man. At least it isn't as bad as some of the people that fall for the black money scam or whatever. Doctors have spent their life savings on black paper.

[r32toquick]

Guys your not understanding what Im saying. My bank guaranteed the funds and they said Certified Checks are bonded funds and cannot be stopped like a personal check or money order.

[JrodVW]

Quote, originally posted by r32toquick »

Anyways I need my money or my car. Can I take legal action against him ? I also filled out this Florida DMV form a gift donation tax exempt form also for him.

This has GOT to be a joke at this point.

Honestly.......if all the paperwork says you sold the car for $0 AND you filled out a gift form.........you're ****ed. Since you HAD the title to hand to him you obviously didn't have a lien on the car. Yep. ****ed. No Lube.

[medicracer]

Quote, originally posted by JrodVW »

Oh I'd bet dollars to donuts that car isn't within U.S. Borders anymore.

No, I'm saying that infact his r32 drove ITSELF under its OWN power away from his dumbaz.

[BRealistic]

Quote, originally posted by r32toquick »

I also filled out this Florida DMV form a gift donation tax exempt form also for him.

Call the local police station and talk to a detective. The only legal avenue you have is that the check was a purposeful fraud. If you can get the substantiated- then the signatures of this check writer is also fraudulent (assuming that's not their real name).

You probably should have the detective write up a stolen car report on your VW now.

[flygliii]

Federal=FBI and usually a Felony. Don't know about over there but I believe any theft >$500 here is a felony. Sucks, though.

[Beltfed]

Quote, originally posted by r32toquick »

Guys your not understanding what Im saying. My bank guaranteed the funds and they said Certified Checks are bonded funds and cannot be stopped like a personal check or money order.

Time to find a new bank.

[JrodVW]

Quote, originally posted by BRealistic »

Why would the seller care about a "0" sale price if they were taking it out of the country?

Hey, wanna sell me your RX-8!?

[BRealistic]

Quote, originally posted by medicracer »

No, I'm saying that infact his r32 drove ITSELF under its OWN power away from his dumbaz.

That's neither helpful of humorous.

that makes your post....?

[btruby1]

dude this sucks...

watching.