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View Full Version : sold teg.... getting taken to court over it?


91teg
05-15-2007, 07:26 PM
so i sold my car in july of last year to this guy i didnt know very well. i got a phone call at 4am from the cops cause the guy didnt change the title over and was still driving the car in my name. at the end of july i had to go and get the car out of impound. i called the guy up and told him how much the impound fee was and that before he could have the car back that i wanted to be reimbursed for my trouble and told him $50 over the actual cost of the impound and storage. I gave him a month to come up with the money. 2 months after this he called me cause he lost the info about how much he owed. 7 months after that he called me and told me he had the money and enough for the title transfer fee. I told him that after the car had be involved in the high speed chase from the cops, the brakes and rotors in the front were smoked and needed to be replaced. I told him how much it costed and he said he wanted to see reciepts. I told him to get a hold of me in a week and i would have the total he owed me, including storage fee of 7 months. I recieved a letter in the mail the other day for small claims court. It stated he was sueing me for the amount of the car minus the impound fee. Can he legally do this? its been almost a year.... can i legally charge for storage and fixing costs to make it road worthy again? Thanks

91teg
05-15-2007, 07:27 PM
oh reason for runnin from the cops was armed robbery. The guy was dumb enough to show up at this guys house with a guy and gets out of the car to find the guy on his front porch with a shotgun and a cell phone.....

JDMitation
05-15-2007, 07:29 PM
what the fuck?

i thought when you sell a a car you have to go on the DMV website and report it as sold to prevent things such as this from occuring. at least that's what i have done in the past.

CAPTAIN CAAAAAAAVEMAN
05-15-2007, 07:29 PM
if you filled out the sold notice and turned it in when you sold the car it shouldnt matter if he hadnt changed it over yet.

91teg
05-15-2007, 07:31 PM
so i shouldnt have had to pay the impound fee? what about the whole court thing? will i end up losing or not? he has no paperwork. no title, no bill of sale, no reciept

*inFamous*
05-15-2007, 07:50 PM
If u filled out (and filed) a bill of sale, he shoudl be responsible for the vehicle.

losrocket
05-15-2007, 07:59 PM
This is why you ALWAYS fill out a sold notice once youve sold a car. Its the easiest thing to do, why wouldnt you? Go to servicearizona.com and fill out the sold notice. Once you do that it releases you from any responsibility of that vehicle. The buyer can do what ever they want with it afterwards and you wont be liable. I learned this by being in a similar predicament.

SiR Mikey
05-15-2007, 08:09 PM
The OP is not in or from Arizona

Ilovemyhonda
05-15-2007, 08:56 PM
i just moved here from illinois and i know there since he has no prove that he bought the car or anything like that when he takes you to court he wont be able to prove anything and it will more then likely be dropped at least thats how it worked in IL.. but yea i mean i fthe cars still in ur name and he has no prove of purchase how is he gonna show that he actually bought the car from you originally

Golden He@rt
05-15-2007, 09:05 PM
dude just go in there and be honest. do you still have all the paperwork from paying the impound fees?

91teg
05-15-2007, 10:35 PM
i have all the paper work. i asked him nicely to call me in a couple days and id get the amount he owed me together. next thing i know i have this letter sent certified mail with a return reciept on the back. inside was a small claims court hearing paper with him vs me on it. it said: "I purchased a car from the defendent for $XXXX and before i got the title transfered in my name, it was impounded. I have offered to pay the defendent for the impound fee and he refused to give me the car back."

so the judge should know why it was impounded and such?

integrax97
05-15-2007, 10:47 PM
wtf??? what a idiot... hahahah. This guy is sueing you for this?? tells me he doesnt have the money to get the car back and pay you the fees. what a loser lol

91teg
05-15-2007, 10:58 PM
yea i told the guy the cost of impound and told him the car needed new brakes after he ran from the cops.... ( smoked the front rotors and brand new brake pads) so a total of like $800 plus storage of 7 months at $20/day and he was like "well im taking you to court". so yea i guess this guy is an idiot:(

Chiodos
05-16-2007, 08:48 AM
dude just go in there and be honest.

x2

SpitFireMS
05-16-2007, 09:29 AM
dude just go in there and be honest.

true that. the judge couldn't possibly side with a dude who's car got impounded because of criminal activity (well, i should hope not anyway)...

b'seriespower
05-16-2007, 09:49 AM
Man this is a screwy cituation but techically your responsible for the car unless you had a bill of sale. But since you were called to recover the vehicle he abandoned the vehicle and you got it due to all the cost that would go against your name such as abandoned vehicle and the whole 9 yards. Legally you cant hold a vehicle awaiting payment for something unless you had a previous agreement on paper such as a contract. Now where he screwed up is he never switched the title nor had you sign anything saying he is buying the car and not responsible for anything prior to the purchase. When you go to court if he has legal counsil I would advise you to get some also. All it will rely on now is what the judge decides but i would counter sue also so that way you get your money for the replaced items.

rushbuster70
05-16-2007, 10:07 AM
dude just go in there and be honest. do you still have all the paperwork from paying the impound fees?

x3 man...they will probably not go after you for this

ef9sleeper
05-16-2007, 10:11 AM
Tell the truth, and counter sue for the price of storage at your house for 7 months.

91teg
05-16-2007, 01:16 PM
so what is a reasonable fee for storage fees... $20 a day? or should i drop it to $10 so i dont look like im money hungery!?

sweetducklet8
05-16-2007, 01:38 PM
According to this site, http://www.phoenix.gov/police/veh_tow.html, the phx impound charges $15/day for storage..so charge $15 per day.

Just be honest w/ the judge about everything that happened including the reason it was impounded, and def counter sue for your losses and maybe the court fees too (doesn't hurt to try). Bring all the receipts and any other proof that you have (dates and times you called or spoke to the dude, etc). Hopefully they'll make him pay you the fees and you'll just have to give him the car, then everything will be as it should.

honduh_head
05-16-2007, 01:47 PM
According to this site, http://www.phoenix.gov/police/veh_tow.html, the phx impound charges $15/day for storage..so charge $15 per day.

Just be honest w/ the judge about everything that happened including the reason it was impounded, and def counter sue for your losses and maybe the court fees too (doesn't hurt to try). Bring all the receipts and any other proof that you have (dates and times you called or spoke to the dude, etc). Hopefully they'll make him pay you the fees and you'll just have to give him the car, then everything will be as it should.

x2 ^

fivesfe
05-16-2007, 02:35 PM
just be honest, this sounds like it will turn out to be good in your favor, this guy sounds like a douche bag

DJ Hookid
05-16-2007, 02:39 PM
so i shouldnt have had to pay the impound fee? what about the whole court thing? will i end up losing or not? he has no paperwork. no title, no bill of sale, no reciept

Dud eyou seriously fucked up! Anytime you sell a vehicle you have to report it as being sold. Otherwise you will be held responsible if the car is involved in criminal activity, (i.e. high speed chase, armed robberry) You could be held liable for the impound fees and everything else. He wont win in court cuz he has no proof of sale, but you need to watch out who you sell shit to and do all appropriate legal work. GL

4g94 girl
05-16-2007, 03:00 PM
You might also wanna take your phone bill with you to court to show that you did keep in touch with the guy and you tried to work everything out with him..

91teg
05-16-2007, 07:33 PM
last time he called me was at 2:30 in the morning... i told him that he has no common sense. i was like dude... its 2:30am, call me in a few days and ill figure out what you owe me and we can go from there. he never called back, he just filed a law suit. this guy is true douche bag!

91teg
05-17-2007, 04:52 PM
i got ahold of a lawyer.... and he said i can get all fees from this guy including storage at whatever the going rate is. thanks for all the help!:)

91teg
06-01-2007, 06:20 PM
so court was today....i lost. he was awarded the cash not the car. i tried to explain to the judge that i wanted the impound fee and he could have the car back. he had 5 witnesses who all said i stated that "he wouldnt ever get the car back". im confused..... appeal it? the total of the damages to the car was over $4000 and the judge didnt care about the estimate.

DeeDub
06-01-2007, 06:36 PM
so court was today....i lost. he was awarded the cash not the car. i tried to explain to the judge that i wanted the impound fee and he could have the car back. he had 5 witnesses who all said i stated that "he wouldnt ever get the car back". im confused..... appeal it? the total of the damages to the car was over $4000 and the judge didnt care about the estimate.

Now just sell the car to someone else.

91teg
06-01-2007, 06:56 PM
how can you sell the car when its damaged beyond the value of it?

JDM_SLO
06-03-2007, 03:43 AM
well you could just fuck that dude and ask him to bring up a bill of sale proving you sold him the car.. without that you can say you never sold him shiat get a replacement title and sell the car again.. this dude seems like a POS so why not treat him like one?

topnotch7gen
06-04-2007, 10:39 PM
The only option I see left is to kill him.

bryantiscool
06-04-2007, 11:02 PM
The only option I see left is to kill him.

x2 :d3:

AgentTed
06-04-2007, 11:17 PM
well you could just fuck that dude and ask him to bring up a bill of sale proving you sold him the car.. without that you can say you never sold him shiat get a replacement title and sell the car again.. this dude seems like a POS so why not treat him like one?

spoken like a true expert you must have learned this from your thief roomate

wadocrx
06-05-2007, 08:29 AM
The way I se eit is the car was never his since he never transferred anything over so get a new title and fuck him. I would appeal also and ask for a new judge too since the one you have seems unreasonable....tell them you think he's being racist or something like that, they don't mess with that politically correct shit. Or you could kill him orhave him killed! :d3:

wadocrx
06-05-2007, 08:29 AM
The way I se eit is the car was never his since he never transferred anything over so get a new title and fuck him. I would appeal also and ask for a new judge too since the one you have seems unreasonable....tell them you think he's being racist or something like that, they don't mess with that politically correct shit. Or you could kill him or have him killed! :d3: jk

Jspecracer
06-05-2007, 11:53 AM
That suxs man