Im being sued

[Dennis Smink]

Not a lawyer, but I don't think you have anything to worry about. But do what TJR wrote.

I'm beginning to wonder if it isn't a good idea to get one of those Flip cameras for this type of thing. Then when you start talking to someone, you tell them you are recording it and make sure they say they know they are being recorded.

The reason I mention the camera is our church had an elevator inspector come out to inspect it. He told us we needed the state to come out and test it. He also said he was basically stopping his inspection and there would be no cost. Guess what happened! We were charged!

Those cameras are cheap and I think it would be worth it!

 

[Bill Miller]

Brian,

You did legally transfer the title over into his name at the time of sale. Correct ?

Your buyer is a knucklehead.

Of the many options that you have. One is to calmly explain to him that you have nothing more to say to him if he calls back. (Mayber easier said than done)

If he persists then contact the State Police in your jurisdiction. One step above the local constabulary. Make a report with them. They will figure out the specific charge.

If you did everything legally, then you have no worry. He is just trying to sweeten the deal.

The deal IS over ! No District Justice or Arbitration Panel would side with him.

 

[Gavin Allan]

"Buyer's remorse". Tell him to take a hike...

 

[J Underwood]

Your lawyer is gonna love this!! After he stops laughing!

 

[Brian Hasledalen 2]

we were unable to go to the dmv, they were closed, but im sure he transfered it right away friday morning. an d if he didnt i went online and did it on their website, no longer responsible for it that way.

 

[Kevin Palmer]

If he was to do anything it would be small claims court only. Meaning, you will have no cost as he filed and I fully expect he will lose.



You CALMLY explain the the Judge that you had no idea there were any issues with the Track other than what he mentioned the day of the sale, (tranny pan MIGHT be leaking at the body mounts).



You then express the tone of his voice mails and e-mail to you. MAKE sure you express that he said he is a cop and strongly implied he was going to use that to make you refund money.



Between your bill of sale stating as is ect ect ect and the judge hearing that a police officer is abusing his power,,, I see no chance in hell of you losing anything.



I do agree with CopSt as well. Bring the complaint to his department so there is a record of it. They MUST accept it and they MUST address it. It will be a grievance once you formally file the complaint. All grievances MUST be investigated.



You may want to inform him this is your intention as I am betting he simply ends this silly game...

 

[Richard L]

Don't do anything until you receive papers from the court that state you are being sued.



It will probably be in Small Claims court where attorneys are not required, nor allowed. You could talk if over with a lawyer to verify your your defense, but then the buyer hopes you will just give him the money rather than pay it to a lawyer.



He test drove the car, he purchased it "As is" and the fact that he is a cop makes no difference. He is pushing his badge under you nose thinking you will fold and just pay him. Even if you didn't put sold as is, all used cars are sold "As is" unless a written warranty is given.



Even if you said the truck was in good condition and you had not problems with the items he claims need to be fixed, he cannot prove that you knew these problems existed and that you hide them to defraud him. He could have brought a mechanic, or taken the truck to a mechanic to check it out before he bought it, but he didn't, so that was his choice and his mistake.



But again, he is probably only bluffing and hoping that he can intimidate you with his badge. Until he actually files a law suit and you get served papers that you are being sued, you don't have anything to worry about. I doubt that he will actually file a lawsuit, but if he calls you again, I would tell him that he needs to send you a letter or email with all of his allegations (so you have written documentation of what he is claiming incase he changes his story later)



...Rich

 

[Brian Hasledalen 2]

I have not talked to him on the phone. I was in a pull barn the first time he called me and I have no phone service in there, he left a voicemail (which i saved) and as soon as he threatened a law suit i refused to call him on the phone. We have only emailed each other back and forth. I wanted evidence of our emails if it should go to court. I will print and bring them if it goes to that. I have not heard from him since saturday. thanks Guys.

 

[H D]

Once the word "lawsuit" is uttered, it is best to cut off all contact altogether until you are before a judge.



I actually enjoy doing this at work when somebody threatens a lawsuit. I simply say, I am no longer allowed to speak with you; all further discussions must be through our lawyer. Then they really get nowhere solving their problem and nobody to date has actually followed up with a lawyer. If you are going to threaten a lawsuit, you better be willing to follow up.

 

[Richard L]

Hugh is correct. I have done the same think...If they threaten any legal action, I tell them to call my lawyer and give them my attorney's name and telephone number. What's amazing is that my attorney told me to do that, and nobody has ever called him...so in most cases, when they say they are going to file a lawsuit, it's usually a bluff. When you tell them to call your attorney, they often get cold feet because they know their bluff did not work.



It's good that you have gotten any claims he has made in writing (emails) and you may also want to keep any voice messages he left you.



I am curious as to how you know that he is a police officer? Did he tell you he was a policeman, or did he show up in uniform? I get suspicious when someone goes out of their way to let you know they are a cop...It smacks of intimidation to me.



...Rich

 

[David Ponder]

Hey Brian, Everything still OK on this subject?

 

[Dingo]

Tell him to suck it. Read the MN law...

 

[Brian Hasledalen 2]

Well he sent me another message on saturday (havent heard from him in the past week) stating that he is filing papers monday (today) unless i want to "make it right" I responded telling him I will see him in court, and that I have filed a complaint with my city police department and will be contacting his superior officer Monday (today) to file a complaint there as well.

 

[Art Garcia]

I know a person that was involved in an accident and it wasnt his fault but the person he hit was so outraged that they told they were going to sue him. this was followed by several threatning phone calls. these people were trying to scare him so he would take care of expenses. But he had tolerated enough and the next phone call he told them he'd see them in court. After that these people stopped calling him and no lawsuit was ever filed. They were trying to push him around and get money out of him without going through the court system. they knew they couldn't win that case so they kept trying to scare him by threatning him with a law suit. basically no matter what someone tells you in a case like this don't come to personal agreements without having went throughou court. People now a days will screw you over for a buck.you shouldn't worry about a thing I really don't think he will get away with it

 

[H D]

I think you're covered just fine. I'm sure it can be nerve-racking but just keep your cool and let him keep pounding his chest. He'll go away. His superiors will probably make sure of it.

 

[Chris Edgar]

Brian,



This guy is full of crap. He's only trying to use his profession to intimidate. Who knows how many other people he's tried to do this to. Anyone who is really going to file any kind of suit does so through their attorney (aka- the smart way). Someone who threatens it is just a sad little human trying to threaten people. PLEASE ensure you file a complaint with the police against this guy. That way you're covered if he tries to retaliate through non-legal means and will leave you alone knowing you mean business. You have absolutely nothing to worry about in regards to the sell of your vehicle. Unless you gave him a signed warranty, he has nothing. An attorney wouldn't even try his case and a small claims judge would tell him he's a fool. The sooner you file the complaint the better. Then you can relax and get a good nights rest.

 

[Brian Hasledalen 2]

Well today I went to the mail box and there it was, I am being sued. I will be printing out all of our emails and haveing them ready for court in june. What do you do. I am thinking of filing a countersuit?? what do you guys think?

 

[Thomas Rogers]

Yep, file a countersuit to recover all out of pocket costs, including attorney fees, transportation costs to and from court if it comes to that, lost wages should you need to take time off, etc.



If this goes to court and the judge deems the buyers lawsuit as a baseless, nuisance suit then he or she MAY rule in favor of your countersuit, which would be the fair thing to do if the guy truly has no case and is simply trying to shake you down.



Some would also try to include mental anguish or the like in their counter suit. If you do, then that could be viewed as unreasonable and the judge COULD use that as an excuse to rule unfavorably on your lawsuit. Not saying he or she would, but they might.



Your first, next step is to talk to an attorney, me thinks! If your case is as it says, you MIGHT be able to find an attorney that will take the case on the stipulation that you pay them nothing. If they win, they recover fees from the plaintiff. If they lose, well, then they didn't do a good job evaluating the evidence of the case (it is supposed to be open/shut, right?). I'd at least discuss that option with any attorney you talk to.



TJR

 

[H D]

I'd make sure this officer has never been before your judge as a part of his profession. Any possibility of the judge knowing or recognizing the officer could result in an unfair trial. You may need to have the trial moved to another county.



Make it very clear that you felt (that is all that is necessary) he was using his position inappropriately. If you have anything in writing that mentions his position as an officer, you have everything you need to counter-sue on that point, IMO. This transaction in no way required him to make his career known. He was trying to intimidate you.



Sadly, you're going to need a lawyer. If the case is everything as you have stated here, make sure you're not paying a dime for any of this mess, including attorney's fees.

 

[Richard L]

Brian,

I assume this is a "Small Claims Court" lawsuit? Usually you cannot recoop attorney fees for small claims court, but you can always try, and I would recommend paying for an attorney's advise just to make sure you take on the proper defensive posture.



Did he specify the amount you are being sued for, and on what grounds. I know that all sales by private parties are "As Is" sales unless there is a written warranty as long as there was no overt fraud on your part. Some states require that vehicles be able to pass a state safety/emissions inspection within 7 days or the sale can be voided...but that does not sound like the issue in your case. He just sounds like he has "Buyer's remorse" and that won't be enough for him to win.



You might also want to check and see if he has sued others like this...as it sounds like he may have done this before, or at least intimidated others into giving him some money back>



Good luck, and keep us posted.



...Rich