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What are my rights as a car owner?

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stressedouthere

Junior Member
What is the name of your state (only U.S. law)? FL
I have a question. We bought a vehicle from a private owner. We have paid $1500 in cash and payments, $800 in parts, and owe the owner $200. We have a free and clear title with no lienholder on it. In fact it is even registered and tagged in our name. The problem is the seller is now trying to up the price and is demanding payment in full. We had an agreement of $100 biweekly until it was paid. At this point we don't mind paying the $200 balance to get the harassment to stop, but there is no way we are going to pay $1100 more. Since we are refusing to pay that amount the seller is telling us they are going to court to get an order without us being able to plea our case to reposess the vehicle until it goes to court. They are telling us there is nothing we can do about it. Having the clear title do we have rights, or would a judge give them back the truck simply on their word? They are claiming we have not paid them, but I have receipts.

Also these people are using the truck as an excuse to harass my family about personal things in our lives, nothing to do with the vehicle!!!! They are calling 20times daily, sending nasty emails, etc. If this thing goes to court do I have the right to countersue if I saved the messages????? If so how do I countersue?
 
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seniorjudge

Senior Member
If there is no promissory note and you have the title free and clear showing no lienholder, then the seller's remedy is to sue you for what he thinks you owe.
 
Is the purchase agreement in writing? You just say you have an agreement...anything in writing which sets forth how payments are to be paid? You have receipts of payments which is good...

But, if he wants to take you to court, he has to file a complaint and serve you. Be aware though, that as you'll read in the civil litigation forum, "service" does not necessarily mean someone walks up to you and hands you a lawsuit, it can be by any method available in your state.

Once you get served, you'll have 20 days to answer this allegations, if it's a small claims case, which it sounds like it is, a hearing will be set within 2-3 months of service. Then you both get to go to court (or a mediation if the Court deems it necessary) and submit your evidence to the judge/mediator. And then a ruling happens.

But no, he can't "take you to Court and you get no chance to defend yourself"...scare tactic, ignore that.
 

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