Consumer Law, Warranties Dealership Suing Defendant for Cost of Vehicle Due to Lost Title

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one2zerojigawat

New Member
Jurisdiction
Indiana
My question involves a consumer law issue in the State of: Indiana


In December of 2012 we purchased a vehicle from a dealership in Elkhart, IN. At the time we didn't have the title to the vehicle that we were trading in with us but they said we could bring it back and they would just hold our tax and title lien paperwork that we would need to get plates for the car. We were given temporary plates so this wasn't an issue. A few weeks after I went to the dealership, gave them the title, at which time I was given the paperwork that I would need to bring to the BMV.

A few months pass (I think, it's been quite sometime) and they called me and emailed me asking for the title. I told them I gave it to the titles clerk when I got my paperwork for the new car. They wanted me to get a NEW title and pay for it, which I obviously said "f*** no. You lost it". I told them that if they gave me a check made out to the Secretary of State in which the vehicle was last titled I would get them a duplicate title, not the other way around. They never would pay so obviously I wasn't going to get them another title. (Dealership was very unscrupulous throughout this whole ordeal and before so I was fed up at this point).

Fast forward to...today! I received a summons to small claims court being sued for the cost of the vehicle, $1,800 as well as 8% interest (from Dec. 1st, 2012) and court costs. Roughly the total cost they are suing me for is around $2,500.

TL;DR:


[*]Defendant bought a car and traded a car in (in 2012, December).
[*]Dealership lost title for trade in.
[*]Dealership is suing defendant for total cost of the vehicle plus interest. (As of 10-02-15)



Any ideas guys?
 
Yes, this is easy.
If what you posted is their pleading, you'll prevail.
The DUMMIES admit to LOSING the title.
That indicates YOU DID give them the TITLE.
Just appear, tell the judge what you told us, and hold up the plaintiff's pleadings where they ADMIT TO LOSING THE TITLE.

You should also testify that you tried to assist them by offering to do the legwork to get another title after they lost the one you gave them by asking them to provide a check payable to BMV and you'd get them a replacement for the one they lost.

Don't discuss any of this with anyone between now and the court date!!!

Such admission implies you provided the title.

Good luck.
 
Unless there is more to the story, it's pretty crazy for them to go to court over the cost of a replacement title.
 
txls said:
Unless there is more to the story, it's pretty crazy for them to go to court over the cost of a replacement title.
Click to expand...
They're claiming that their loss is not just the cost of the replacement title, however, it is the fact that they can not sell the vehicle because there is no title. So basically I owe them a car is what they're saying.
 
one2zerojigawat said:
They're claiming that their loss is not just the cost of the replacement title, however, it is the fact that they can not sell the vehicle because there is no title. So basically I owe them a car is what they're saying.
Click to expand...


Just follow the instructions I gave you.
They have no case, just don't miss that court date.
If you do, they'll prevail by your default.
Otherwise, you show up, defend, you'll prevail.
 
They still lost the first one you gave them. I don't know about Indiana, but in TX you can get a replacement title for 2.00 and it's printed locally in larger cities. Even if it's ordered by mail it's only a week or two. It's just usually not a big deal. That's why I wondered if there is more to the story.
 
txls said:
They still lost the first one you gave them. I don't know about Indiana, but in TX you can get a replacement title for 2.00 and it's printed locally in larger cities. Even if it's ordered by mail it's only a week or two. It's just usually not a big deal. That's why I wondered if there is more to the story.
Click to expand...


There often is more, much more.
In this case, I suspect the dealer is cheap, very cheap.
 

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