I need Wise, legal advice?

Question

Is it possible to be sued in court for owing 2-3k? what happen is I bought a used car a yr ago. The salesman lied to me big time. i gave a downpayment of 2k for a full loan but he said that it wasn't enough. He offered to lend me money for the car so i signed a IOU. After buying it, there are so much problem with the car like my car warranty was void, foreign country outstanding tickets, condition of the car was terrible, my car's engine gave me the biggest headache and repairing it costed me a bomb, which it's amount is even much more than i owe him. I told him abt the repair and he didn't bother at all. Aft handing the car over to me and i found out that the road tax is expiring in another 10 days, i informed him and said that he offered 1/5 of the price of the roadtax. I told him that the car workshop said that my car's warranty has been void and he didn't even bother. So i decided not to pay him the money i owe him because i felt that i don't owe him either. what should i do?

Answer 1

Check to see if your state has a "lemon law", many states do. You should sue him in small claims court for breach of contract. Look at your I owe you and your bill of sale, if he blatantly lied to you which it sounds like he did then you can sue him for damages. Most states small claims courts allow you to sue for up to $3000 dollars. Gather your receipts and total all bills up and sue him for that much, include the i owe you amount. Place all receipts and place them in a 9x11 envelope and mark as evidence. File at the court house, in NY it costs under $20 to sue, you represent yourself so make sure you do your homework and are confident and honest. The slimy salesman will most likely sue you in small claims as well, that's okay because you can tell your side. Avoid emotional outburst, facts only such as his statements, promises and receipts, explain his coercion into an IOU, which is unethical BTW. Small claims has no attorneys is just you and him, can be appealed by loser once but usually ends the same and then goes to city court which usually ends the same too. I went through this over a rental deposit before law school and was victorious through all three processes. Just stay calm, do your homework and draw out an easy to understand time line, and go on the offense rather than defense.

Answer 2

If he sues you, it will be over the "iou" and the condition of the car isn't likely to be admissible. The debt will stand alone.

If the "iou" is just that, an "iou", it probably doesn't have a date when payment is due. If it does, it's a "promissory note" and will be enforceable. If it just says you owe him the money, but not when, then it would be difficult for him to take it very far in court as there's no way to determine from the document that you've actually broken the promise.

If it's a promissory note, you're probably stuck.

Answer 3

Yes you can sue, and maybe you should.

But, get your evidence all lined up.

Did he sell you a car with a warranty, or "as is"? Was the car so bad as to be not fit for commonly expected usage? (Sounds like it was, so you may have a case for misrepresentation.) But, does the evidence support your claim?

Is he violating any loan laws? (Probably not given that they are in the business and have learned how to stay out of trouble on that count.)

Answer 4

Go on Judge Judy or the People's Court and counter sue him for misrepresentation, crappy car, fraud, etc.

And see if he has a pattern of doing this to other people (run his name thru the county courthouse records).

And yes, you can be sued. You need an attorney. Call Legal Aid if you cannot afford one.

Yikes! Wouldnt want to be in your shoes--good luck, okay?

Answer 5

Best yo ucan do is make em an offer. Split the difference...they might accept and never bother you again!