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Christien Christien is offline
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Join Date: Nov 2004
Location: Hamilton, Ont.
Posts: 7,000
Garage
You would definitely have legal recourse if he stopped the payment or bounced the cheque, but in the end that may not be worth much. First, you can't get blood out of a stone. If he doesn't have the money, he doesn't have the money. You could spend a year going through legal proceedings leading up to garnishments of bank accounts and wages, and after 10 years you may get your money. You could take a lien on the car pending clearance of the cheque, then if it bounces, call a bailiff and have the car repossessed and returned to you - figure $1K to do this, over 800 miles distance.

So sure, you've got legal recourse, but I learned in my line of work (sub-prime financing) that sometimes this doesn't amount to squat.

No money, no car would be my advice. No personal cheque, only bank draft, wire transfer or cold hard cash.

If you do decide to accept the personal cheque, at the very least get photocopies of ALL his ID, including driver's license, passport, birth certificate, etc. Even recent bills with his address, so you can be sure where he lives. It may sound like you're being a dick, but businesses make such requests all the time, why can't you?

Even still, I think it's a bad idea.
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Old 03-01-2007, 06:19 AM
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