Getting sued tonight :)

Jim · 2007-12-19, 07:08 AM

Well, court was weird

Not a thing like Judge Judy. We were the only parties and we had to sit together for about 20 mins before they called us in.

Both the owner and the manager were there and the manager lied through his teeth. He claimed that I walked in with the title, slammed it on the counter and walked away. But when I mentioned that I also picked up a second car at the same time, the walking in, slamming and walking out kind of went out the window. Near the end, it looked like it was going their way until I asked the judge about them taking the title. I said, "wasn't consideration being offered and accepted a binding contract?" The judge said he would have to look it up.

I have to wait a week or two for a decision. The judge told both of us to try to settle this before he did the decision.

LD · 2007-12-20, 02:06 PM

Quote:

Originally Posted by Jim

Well, court was weird

Not a thing like Judge Judy. We were the only parties and we had to sit together for about 20 mins before they called us in.

Both the owner and the manager were there and the manager lied through his teeth. He claimed that I walked in with the title, slammed it on the counter and walked away. But when I mentioned that I also picked up a second car at the same time, the walking in, slamming and walking out kind of went out the window. Near the end, it looked like it was going their way until I asked the judge about them taking the title. I said, "wasn't consideration being offered and accepted a binding contract?" The judge said he would have to look it up.

I have to wait a week or two for a decision. The judge told both of us to try to settle this before he did the decision.

I assume the "purchaser" never signed the title...If not and there is no bill of sale you are essentially relying on a verbal contract, and it sounds like they are denying any such contract, so the burden of proof is on you. Of course they have the title and they have the car, so their only recourse is to get a mechanics lien and sell the car to satisfy the lein, or just "buy" the car. I think you have the upper hand here.

2007-12-19, 07:08 AM	#1
Jim Banned Join Date: Aug 2003 Location: Mohawk, New York Posts: 19,477	Well, court was weird Not a thing like Judge Judy. We were the only parties and we had to sit together for about 20 mins before they called us in. Both the owner and the manager were there and the manager lied through his teeth. He claimed that I walked in with the title, slammed it on the counter and walked away. But when I mentioned that I also picked up a second car at the same time, the walking in, slamming and walking out kind of went out the window. Near the end, it looked like it was going their way until I asked the judge about them taking the title. I said, "wasn't consideration being offered and accepted a binding contract?" The judge said he would have to look it up. I have to wait a week or two for a decision. The judge told both of us to try to settle this before he did the decision.