I need help. I sold in "cars for sale" now getting sued

[dsfnctn]

I have been a registered user since May 2003. I have 754 posts . I posted a 2000 Trailex trailer for $3900. Advertised as a daily driver, and sold from the post to a user with a join date of November 2015 with 0 posts. This was his private message to me


marcus981 marcus981 is offline
Registered User
Join Date: Nov 2015
Posts: 0
Interested in your Trailex trailer
Hi,
I tried to send you an email a couple of days ago... not sure if you got it.
Is your trailer still available?
If so, I'll take it!
Please let me know, since I'm also looking at another one that's currently listed on Pelican.



He lives in San Daigo and I live in Washington. His plan was to send me the money and have someone pick up and deliver the trailer to him. Before he sent the money he sent a bill of sale for me to fill out and sign


After he recieved the trailer and had it a few weeks I got an Email from him with a bill for undisclosed damages to the trailer that were not evident in the pictures in the add. He said their was a bend toung of the trailer. I replied that honestly I dont know anything about it and that i would not be able to just send him a check. On my wifes advice she said not to ingage him. Fast forward today I get served papers to appear in small claims court and he is suing me for $1,150.

It baffles me is that I have never had a thread deleated or asked the moderater and now I cant find my origional post in the for sale to show that I advertised the trailer for the value. Take a look at some of my post in the last years. I am very fair honest member. Have I broken the law?

[dsfnctn]

Here is conditions he wrote into the bill of sale

[Norm K]

I am not an attorney. Therefore the following is not intended to, nor does it constitute legal advice or counsel or any offer thereof. It is the opinion of a member of the laity only and should be used exclusively for entertainment purposes ...

You state that the buyer sent you the Bill Sale for you to complete and sign. Did you not require him to sign it as well? If he signed it the "As Is, Where Is" clause will likely cover you. If you didn't require him to sign it you might want to save some time and hassle and have him drop the claim in return for sending him a check.

[Macroni]

Ignore.

[350 SIX]

Originally Posted by Macroni

Ignore.

X 2

[violation]

DO NOT IGNORE.

if you ignore the small claims summons, the buyer will win by default and you will owe him the money. he clearly has no case but you still need to show up and show the judge the bill of sale.

i assume this case is in WA and not in CA?

i am an attorney, but this is not legal advice.

[bpu699]

All motor vehicle sales by law are as is unless otherwise specified, as far as I know. I believe he also has to sue you where the sale occurred...

Sounds like a scam. Call the court house, verify the case...

[CountD]

I am not some member of the peanut gallery who is shooting off in the dark about what is right and what is wrong, what should and shouldn't be done, as I have been there.

I lived in San Diego, and I have been on both sides of the small claims. I know where the small claims court is, have been there many times filing, and have been through the process.

1) You cannot ignore it.
2) However, you should and need to write the court a letter challenging the venue of the case. You need to write a letter stating that the transaction happened in Washington, and that the trailer was picked up in Washington, and you are a resident of Washington. The clerk will take this letter and read it in the court to the judge when your case comes up, and they will send you the outcome (on whether or not this has any merit, and will give you another date if it's even sueable in California). The guy suing you will show, and the judge will probably throw it out on venue alone. Make sure you send it to the clerk with the case number and is registered mail.
3) Do not be intimidated. Do not lose sleep. I know it is hard not to, but these things happen.
4) People can sue anyone at any time, for any reason, and for anything. So just because some guy in SoCal filed, it means nothing. It just means he filled out paperwork and gave them $65. This is all this means. It usually is a $65 intimidation scheme.
5) You cannot use a lawyer in California small claims court.
6) We live in the USA, and this is a process to deal with things. That's just the way it is, and it's actually good to know that people have a voice.

The people at San Diego small claims have seen everything. The judges have too. They make the process as pleasant as possible. Just because you are served doesn't mean anything. I was once sued over a tarp I sold someone. Seriously. This always happens in California.

Get your letter out to the clerk challenging venue. You won't have to show on the court date. It will be read in court.

I am not a lawyer, but this is the process.

And...it's not some scam. You can fill out the paperwork and sue anyone from San Diego. You can sue someone in Russia in San Diego small claims. The clerk won't read it. They don't care as long as you file. They used to have people who you could call and have them help you - ie lawyers that give you advice for free - but this went away with the California budget cuts.

[CountD]

Please read my above. And also, by reading your post, I know it's discouraging, and very intimidating and unpleasant. But please know you have broken no laws by selling something. It's just someone wasn't happy with the trailer or whatever. To make this go away I would offer a full refund if he could return it in the condition it was sold in to your house. If not, let him show in court and have the clerk read your venue letter.

[Scottc714]

Originally Posted by CountD

I am not some member of the peanut gallery who is shooting off in the dark about what is right and what is wrong, what should and shouldn't be done, as I have been there.

I lived in San Diego, and I have been on both sides of the small claims. I know where the small claims court is, have been there many times filing, and have been through the process.

1) You cannot ignore it.
2) However, you should and need to write the court a letter challenging the venue of the case. You need to write a letter stating that the transaction happened in Washington, and that the trailer was picked up in Washington, and you are a resident of Washington. The clerk will take this letter and read it in the court to the judge when your case comes up, and they will send you the outcome (on whether or not this has any merit, and will give you another date if it's even sueable in California). The guy suing you will show, and the judge will probably throw it out on venue alone. Make sure you send it to the clerk with the case number and is registered mail.
3) Do not be intimidated. Do not lose sleep. I know it is hard not to, but these things happen.
4) People can sue anyone at any time, for any reason, and for anything. So just because some guy in SoCal filed, it means nothing. It just means he filled out paperwork and gave them $65. This is all this means. It usually is a $65 intimidation scheme.
5) You cannot use a lawyer in California small claims court.
6) We live in the USA, and this is a process to deal with things. That's just the way it is, and it's actually good to know that people have a voice.

The people at San Diego small claims have seen everything. The judges have too. They make the process as pleasant as possible. Just because you are served doesn't mean anything. I was once sued over a tarp I sold someone. Seriously. This always happens in California.

Get your letter out to the clerk challenging venue. You won't have to show on the court date. It will be read in court.

I am not a lawyer, but this is the process.

And...it's not some scam. You can fill out the paperwork and sue anyone from San Diego. You can sue someone in Russia in San Diego small claims. The clerk won't read it. They don't care as long as you file. They used to have people who you could call and have them help you - ie lawyers that give you advice for free - but this went away with the California budget cuts.

Good post. Agree with all of it. Especially the part about dont ignore it. Automatic win by default if you do.

[Rick Brooklyn]

Originally Posted by bpu699

All motor vehicle sales by law are as is unless otherwise specified, as far as I know.

Not that it matters much but a trailer is not a motor vehicle though, I think

[dsfnctn]

Thank you all for your thoughts. .I.am being sued in Washington and I will be there to defend my self.The person buying the trailer sent thef signed bill of sale to me first thing.
I wish that I could dig up the for sale post . With hisno history on this forum I feel violated.
It seems to me that everyone knows how to buy and sell within the guidelines of ethics and then I get accused by the person with no posts.

[pmax]

Originally Posted by dsfnctn

Thank you all for your thoughts. .I.am being sued in Washington and I will be there to defend my self.The person buying the trailer sent thef signed bill of sale to me first thing.
I wish that I could dig up the for sale post . With hisno history on this forum I feel violated.
It seems to me that everyone knows how to buy and sell within the guidelines of ethics and then I get accused by the person with no posts.

I don't see anything wrong in what you did and I believe everyone else shares that opinion.

If that's what's bothering you, don't sweat it. Your reputation is intact as far as I can tell.

[bpu699]

Originally Posted by Rick Brooklyn

Not that it matters much but a trailer is not a motor vehicle though, I think

If it has a lisence plate on it... I believe it is...

Regardless, I thought all sales of all items are as-is unless warranty is implied...

So the buyer is in California, but he is flying out to Washington State to sue you for $1500??? Cost wise, can't see how that would work...

I too have been in court multitudes of times, primarily as a landlord...

What I learned:

1) Winning is pointless 90% of the time, you will never collect
2) Liens are worthless, see point #1
3) Wage garnishment is pointless, unless the person is a high wage earner (tenants never are)
4) Court dates get pushed back often... each day off costs me money
5) A typical court case isn't what you think. It usually takes 2 minutes start to finish, and the decisions are based on snap judgements by the Judge. You will see a judge go through 50 cases in 2-3 hours...

The reciept, as typed by the buyer, signed or not, states it is "as-is."

Good luck...

[NYNick]

I got sued in Small Claims once because a guy thought one of my workers had taken his baseball cap.
If you don't show up, you lose.
I showed up, and won.
People are idiots.


Try PM'ing a Pelican Moderator. Maybe they can help you find your For Sale ad.

[Mike80911]

This link seems similar in nature as stated private sales are "as is" I think you will prevail and he is wasting everyone's time.
What are the laws around a private party used vehicle sale in WA? What are my options if i do nothing, what are they if I help? - Avvo.com

[dad911]

It sucks. Been sued frivolously before, always prevailed, but no one really wins, cost of doing business.

I tried searching in multiple ways, cannot find your ad. Sure it wasn't at a different site? If Mods deleted it, as it was a trailer in car section, I think they can still see it.

[Cevan]

A bill of sale is a contract. If what you posted is the entire bill of sale, it would be defective here in Mass. There is no mention of any consideration paid by the buyer in exchange for the trailer.

My advice would be to contact the administrator in an effort to find your original post, and definitely appear for the court date. If you can find the ad, my argument would be that the trailer was sold as represented, that any potential buyer had the opportunity to come look at the trailer in person, and that the buyer had the trailer for a "few weeks" before contacting you.

[Arbee]

Your for sale ad is here.

2000 Trailex CT-7541, Seattle, $3900 - Rennlist Discussion Forums

[dad911]

How did it get from your place to his? If he had it picked up, I would think claim is with his shipper.

Originally Posted by dsfnctn

.... His plan was to send me the money and have someone pick up and deliver the trailer to him.......