Stepfather & I had a falling out because he disapproves of my relationship and my decision to cohabitate. He bought a car for me and I agreed to pay him back the cost (I have paid 3K to date). He has the car in his possession & refuses to work something out so I will have to take him to court. My question is can I sue him for either the car (and I pay him the remaining balance) OR the money I paid so far for the car, or will I have to choose which remedy specifically I am suing for? I would like the car, but the title is in his name so I don't think a judge will rule in my favor. I think my odds are better at just reimbursement although I don't want to go through the car buying process again. Can I go to court suing for "this or that" and let a judge decide which compensation is more just.
I agree with the response from Mr. Kuchinsky, but here are a few additional ideas.
What's the value of the car? The limit for claims in Small Claims is $5000 so you run the risk of hitting that limit if you try to proceed in Small Claims instead of General District Court.
As I understand the situation based on what you wrote, your step-father bought a car, which he either paid for or financed and then agreed to sell the car to you for a certain amount of money and paid over a certain number of months/payments. This would normally be called an installment sales contract, which means you must fully comply with the payment terms and then you can get the title. Is there anything in writing? If not, that's a problem for a couple of different legal reasons, as well as making it difficult to prove your case.
Here's my suggestion to you. You can arrange a mediation though the court General District Court. (If you go to the courthouse, ask at the front desk to point you to the appropriate office. If this cannot be arranged through the court for some reason, I can refer you to a local non-profit mediation service that will assist you.) I would highly suggest that you take the mediation route first. Mediation is really designed to help in cases just like yours. Proving your case in court would be difficult, even if you had a lawyer. Plus, there are obviously family issues here which need to be aired and worked out. A good mediator can at least get everyone talking and you would have the opportunity to explain your position to your step-father, explain why the car is important to you. At the same time, your step-father (and perhaps mother) can explain what is bothering them about your life-style decisions. Take proof of the payments that you made to your step-father. You have a good chance of getting a written mediation agreement and then THAT written agreement would be enforceable in court if your step-father later renegs on the agreement.
Good luck.
Mark Westerfield
Practicing in Northern Virginia and D.C.
Fairfax-Annandale-Falls Church-Arlington-Prince William
Yes, you could sue him for the car or the cash with a civil Warrant in Detinue - they do have forms available for that at the General District Court or on Virginia's judicial website. But as you have correctly intuited, it would be a bit more legally complex than just suing for what you've paid (which would be done by a civil "Warrant in Debt").
While it is also possible to sue to enforce the contract with him (generally done at the Circuit Court), if it was an oral contract, and there is disagreement on what the terms were, you'd have a tough time of it. So you are likely better off to sue for the money you paid in. (By the way, had you had an accident in the vehicle, and you weren't living with the stepfather, it is possible that insurance coverage would have been a tricky issue).
