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Vehicle ownership lawsuit

Discussion in 'Civil Court, Procedure & Litigation' started by Little will, Nov 7, 2016.

  1. Little will

    Little will Law Topic Starter New Member

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    purchased new car for son to use for college travel. Had both names put on title w/the agreement son stay enrolled & attending classes, keep car in road worthy condition (maintain-service-repairs) & full coverage insurance to protect my 30,000.00 investment to some degree. Also, let other party use for collateral purposes as it was their money used to purchase car.
    To use for collateral, other party removes name from title to avoid liens in their name put against title. Purchaser finds car not legal for the road (expired inspection sticker by 4 months) wrong rims & tire size was incorrect as well as being so worn causing suspension damage, body damage to door & fender & begining to show rust because it wasn't repaired.
    i find out other party hasn't nor is or has been, attending school. Call other party and ask about agreement, reply, "no school, no car". Asked him to return car & he could have back when attending school again. Car is returned & im being taken to civil court for trickery ? over the signing of title, he wants car & $$ !!
     
  2. army judge

    army judge Super Moderator

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    You defend yourself, that's all you can do.
    Be sure you appear in court as instructed, otherwise you'll default.
    Your problem is by putting the deadbeat's name on th title, you own the car EQUALLY.
    Yes, EQUALLY, and its legal.
    Your sidebar agreement (go to school, get good grades, keep car in running condition), unenforceable.

    He won't get the car, neither will you.
    Why?

    BOTH of you already own the car, together = EQUALLY.

    My advice, cut your losses, give the deadbeat the car.
    Why?

    If he/she/it were to KILL a baby, destroy a 2016 Bentley, demolish the wall of a $25,000,000 mansion, you're on the hook.

    Its never worth the risk to go "halfsies" with anyone, except a spouse, and there are those who argue that's even more risky (in some cases).

    I don't reward people, especially my children when they were minors, for getting good grades, not smoking weed, obeying curfew, not stealing, not having sex, etc...

    Never reward anyone for something they should be doing anyway, like getting good grades, not raping babies, etc...

    Once you start down that path, the heathen, savage, sociopath begins to grow inside the person....

    Unfortunately for you, your sad dilemma reinforces my point.

    Never reward anyone for doing something that benefits that person, as in brushing his/her teeth, cleaning her/his room, not skipping school, etc, etc, etc...

    By so doing, a incentive, such as a reward suddenly becomes a bribe.

    The other side of that coin reveals the organism does less and less, eventually doing nothing, except DEMANDING for a bigger bribe.
     
  3. Little will

    Little will Law Topic Starter New Member

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    Can I offer to buy his half out ? If so, where does one come up with a value ? Whereas the title is solely in my name, can I sell it ? ?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    What the heck is wrong with writing something like:

    I did this.

    My son did that.

    Your use of mixed pronouns and poor syntax make your first post incomprehensible.

    Sure. You can "offer."

    Any number of places:

    Kelley Blue Book
    Edmunds
    NADA

    They all have websites.

    Sure.

    But, according to your post, you don't have it in your possession. How's that going to work?
     
  5. Little will

    Little will Law Topic Starter New Member

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    I brought the title to him to sign on reverse side where it said seller/date/mileage & he did so. This was to prevent any liens put against it under his name when I attempted to use for collateral. It was after this I find out he's not enrolled or attending classes. That's when I called him and asked about the agreement we had. His reply, "no school, no car". Asked him to return car to me that day & he did so. I've had possession of car for just a year now. Title in my name only as well as registration. It's gone as far as getting a trial date.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Please keep all your discussions about this case to this thread so that all the background is in one place and don't open new threads every time you have another question.

    I've deleted your post of today and move the question into this thread.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Little Will posted the following question today:

    "The court order I received states that evidence & wittiness lost (witness list) shall be entered in court & w/plaintiffs attorney 10 days prior to trial. The 17th is ten days (Saturday) & I delivered one copy to court & one copy to plaintiffs lawyer on the 16th. Does his attorney have to follow same writing on order (10 days) ? I have yet to receive anything & according to him, he hasn't sent anything as of Friday the 16th."

    Army Judge replied:

    Little Will wrote:

    "Ok, i am the defendant , thank u for your time."
     
  8. Little will

    Little will Law Topic Starter New Member

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    My apologies, I understand. Does the fact that plaintiffs attorney didn't follow court order by not having provided list of evidence & witnesses within 10 days of trial help my defense in any way ? I am representing myself as the defendant.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    No. You either have a defense or you don't.

    Your best bet is to file a motion to compel production. Include a request for a continuance (postponement) of the trial while it's being handled.

    Unfortunately, nobody on the internet can give you step by step instructions on how to practice law.
     
  10. Little will

    Little will Law Topic Starter New Member

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  11. Little will

    Little will Law Topic Starter New Member

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    Had my trial today & don't understand why the judge is going to mail her ruling to me. Can someone explain ?
    Wasn't bad representing myself, I found it quite interesting & challenging.
     
  12. army judge

    army judge Super Moderator

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    The judge is doing what judges often do, taking the matter under advisement.
    That means the judge will study the case, the trial, the evidence for a period of time, usually 2 to 30 days.
    Once the study has been completed, the judge will hand down a ruling in writing, meaning both parties will be notified.
    Nothing unusual, happens all the time.
    So, as with much of life, you wait for Lady or Lord Justice to speak.
     
  13. Little will

    Little will Law Topic Starter New Member

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    Lady lot justice spoke today, I owe 1/2 blood book value, no punitive damages or lawyers fee & I keep car. It was kinda fun representing myself. Thank u all for your words of wisdom.
     
  14. Little will

    Little will Law Topic Starter New Member

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    Here we go again !! Got court papers from defendants lawyer today. Evidently, plaintiff not happy with the judges ruling. Plaintiff still request vehicle back, lawyers fee's & time period for defendant to pay plaintiff 1/2 Kelly blue book price. Is this standard practice? If u don't like the judges ruling, can u keep appealing rulings till u get the one u want ? Do I have to reply to this ?
     
  15. army judge

    army judge Super Moderator

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    Yes, you respond to and defend every lawsuit in which you're a defendant.

    The dummy wised up.
    The dummy has hired an attorney.
    That might be the smart play for you, too, hire a lawyer.
     
  16. Little will

    Little will Law Topic Starter New Member

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    Amendment came back as, pay plaintiff 1/2 value of car w/in 30 days. If not paid w/in 30 days, defendant must sell car & give 1/2 of what vehicle sold for as long as it met 1/2 of court assessed value.. If I sold vehicle for more than court assessed value, I had to give him 1/2 of selling price. I sold vehicle, sent lawyer check for 1/2 of what car sold for & now they're saying I owe more because I sold it back to vw under the Vw class action lawsuit for emissions. They want 1/2 of the restitution Vw was ordered to pay under the law suit. Judgment only states 1/2 of what car was sold for. The paperwork I got from Vw listed what they purchased vehicle for & restitution amount all rolled into one check. Am I liable or obligated to pay 1/2 of restitution? No where in judgment does the word restitution appear or state that I pay 1/2 of it. Judgment only states 1/2 of what I sold vehicle for.QUOTE="army judge, post: 252019, member: 73455"]Yes, you respond to and defend every lawsuit in which you're a defendant.

    The dummy wised up.
    The dummy has hired an attorney.
    That might be the smart play for you, too, hire a lawyer.[/QUOTE]
     
  17. adjusterjack

    adjusterjack Super Moderator

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    What is the dollar amount for each?

    Seems to me that an argument can be made that you "sold" the car for the amount of the check regardless of how the amount is itemized.

    And, of course, the contrary argument can also be made.

    Can't comment on that until you give us a WORD FOR WORD quote of what the judgment says, instead of paraphrasing.

    Bottom line, though, your options:

    Pay.

    Don't pay and see what happens next.
     
  18. army judge

    army judge Super Moderator

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    AdjusterJack is correct, you have two options.

    I'm a lawyer, and never respond to any letter written by another lawyer.

    I may have written four or five lawyer letters in my life.

    A lawyer letter is used for intimidating your adversaries.

    A lawyer letter is the same as if your neighbor wrote you a letter, demanding you do this, or you stop doing that.

    I only respond to lawful documents regarding a legal process: subpoena, summons, warrant, etc..

    I also don't answer questions asked outside the courtroom, and advise others not to do so, too.

    Sure, the lawyer's client can advise her to sue you.

    If you are sued, those are the documents and the processes to which you must take action or respond.
     
  19. hrforme

    hrforme Active Member

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    Isn't it worth It just to get it over with? Why quibble over 1/2 of this and 1/2 of that?

    I suspect you have already lost any possible future relationship including grandchildren over this. Honestly, your mistake was buying a $30k car for your kid going to college. No kid needs that. And in the end you are reaping your mistakes of raising an entitled child.
     
    army judge likes this.
  20. adjusterjack

    adjusterjack Super Moderator

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    Amen to that. When my daughter was in college I bought 20 year old transportation cars for her, kept them running, and she was happy to have wheels no matter what they looked like.
     
    hrforme likes this.

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