dasfinc

You defiantly have a case now that you posted the bill of sale and that I've read through it:

She essentially claimed that she feels she doesn't owe you money 'because of all the money she's spent on it'

but you clearly state the car was sold "as-is" and Payments were to be made on the car in the bill of sale.

You are ALSO the lien holder, and by law you can sue for the difference, this is what Dealerships do when cars are defaulted on.


Say you buy a new car, and you kinda beat it up a bit, and default on it. The dealership legally can request the difference in value (what you are upside down on the loan for on the car per the cars condition) and if you refuse, they can and will take you to court.

So by all means the fact that she paid you ONCE further amplifies the fact that she owes you the full value of the car, but the fact that its in the impound, and with your name on the Lien, I'm not sure if you will be able to sue as easily for that part of it, but for the rest, definitely.

only issue I foresee is that you never gave her a receipt (or have one for yourself that she paid once) so she can claim she paid you the whole thing (even though that would obviously be a lie) and there wouldn't be proof either way.

CspecRun

That bitch put $4k into an eclipse GS that had 120K miles on it?? LOL...and that won't make a damn anyways. You didn't sell her the car with any kind of warranty, so she's pretty much screwed as far as how much $$ she has put into it. Sounds like the car should be in pretty good shape when you get it back...lol...considering how much $$ she put into it.

USS

How did she pay? Cash? Check?

Maybe you can track the payment down through your bank statements? Assuming you didn't go spend it right away :P

SkunT

I believe he said he never even cashed the check. -which sucks cause normally banks scan checks, so if you request a copy...you could have gotten one.

You by chance still have that check?

USS

Well ----, if he never even cashed the check then that's proof right there :P

And sue that guy at Lockheed Martin for all he's worth. ------- competition :P

BigD

Yeah I still have the check. It's for $175. Thing is in small claims I can only sue for $3000 max. So I think I am going to go and try to cash the check and that would knock it down to $1325. I guess I could take a $325 hit. I don't know what else to do, I really don't want it going to a full out trial with lawyers. That would just be more hassle and cost more.

I'm still tempted to go and pick the car up and resell and sue for the balance. If I can only get $2k out of it I can at least sue them for the other $1500. Damn I'm broke though. HMT get-car-out-of-impound-and------over-a-fat bitch-a-thon charity? lmao

BigD

Ok so I just got off the phone with a woman at the court house. She said if it's over $3k I have to file a civil suit, but some of the judges want you to be represented by a lawyer if not they get testy.

I then asked about the car being impounded. She said if I get it out of impound that I can sue them for the impound fee also. So I'm thinking that I can try to get it out of impound, resell, and sue for the balance. That way I get my full pay (maybe more), and will still try to stick them with the $3k max.

The only question I can't seem to find is how do I change the title back into my name from lien holder to sell?

SkunT

just take the ****** to the DMV. -er call before then go there.