repo car??Should i go to court??

Question

We have a court date today for a car repo...my husband wants me to go and talk to the judge b/c this car was a lemon and where we got the car was a small town car place that rip people off.

Also he bought a car from them years ago and gave it back b/c it also was crap and they sold it to a friend off ours.Now they are saying they didnt sell it and are suing us for that too.

Should i go to court or not??Would it be worth it if i did??

Answer 1

you do have something to loose, unfortunately, and that is the possibility of having to pay costs.

The argument that they ripped you off in the past is probably not going to go anywhere - the obvious question this will raise is why you went back.

Concentrate on this vehicle. Make sure that the repo company taking you to court is the seller, not the Financier. If it is just the company that loaned you the money, the fact that the car was a dud is not their fault. The judge just wont want to hear about it as they are completely different parties.

To prove that a vehicle is a lemon you will need to provide full service history and evidence from your repairer. Check with the Court registry to find out if written evidence will be accepted and for the correct form.

Good luck, and think carefully whether you can put a case together before you expose yourself to additional costs.

Why not make an offer before hand ?

Answer 2

You should go to court to explain your version of the story. However, the judge probably won't care why you let the car get repo'd.

Based on you post you have several problems working against you. First, if your husband bought a car from them before and returned it because it was a lemon, why would you buy another car from the same dealership?

Secondly, I would bet that the car you bought came "as is" meaning that you accept the vehicle in whatever condition the vehicle is in when you purchase it.

If that's the case the dealership will more than likely argue that the car was fine when it was sold, and the manner in which you drove the vehicle contributed to the problems.

Lastly, if you bought a car from them in the past, and returned it and the dealership sold it again that's not illegal, and it doesn't pertain to your case.

You can probably expect the judge to make you pay for the car or have a judgment issued against you, where they can garnish up to 50% of your wages. Best of luck.

Answer 3

What proof do you have that the car was returned? Without that proof, you have nothing which states your side of the arguement, and the court will not believe a word you say. In court, you need PROOF. This why contracts are made in duplicate, signed and everyone gets a copy. Should something happen, you turn to the SIGNED Contract which proves your agreement. If you returned the car, you should hvae received some sort of paper which proves it was returned.

Now, barring that, you might check with the "friend" and see if they have their contract. This contract woudl show that HE did, in fact, buy the same car from them, thus proving your statement that the car was sold TWICE. The main issue you have is in proving that you returned the car and should therefore be exonerated frm paying anything furhter for it.

Answer 4

While I agree that you should ALWAYS defend yourself in court against any type of charge, what you have outlined here is no defense or support for a defense to the underlying civil suit.

By the way, you can't 'talk to the judge' without the other party being present. ex-partie communications are against the court rules.

Answer 5

you've got nothing to loose and everything to gain by going. Present the facts and if possible supply documents to support your claims.