Contract breach

[salinas_82]

Hello,

I have contacted you in regards to free consultation. I recently sold an automobile and since then moved. I had agree ment to sell the car to the buyer and have him pay me $5000 of the $7500. When the dateline came for him to pay the full amount of the money he gave it to my landlord (which was my mother) of our previous residence. We told him that we did not live there any more and not to send the money there. Now the money is still in her hands she will not give me the money and he does not want any part of the situation and does not want to get the money back from her.

What actions should i take to get the money and the car back being that it happened in california and im now in washington.

 

[I AM ALWAYS LIABLE]

Hello,

I have contacted you in regards to free consultation. I recently sold an automobile and since then moved. I had agree ment to sell the car to the buyer and have him pay me $5000 of the $7500. When the dateline came for him to pay the full amount of the money he gave it to my landlord (which was my mother) of our previous residence. We told him that we did not live there any more and not to send the money there. Now the money is still in her hands she will not give me the money and he does not want any part of the situation and does not want to get the money back from her.

What actions should i take to get the money and the car back being that it happened in california and im now in washington.

My response:

1. Prior to the date when the money was due, did the buyer have your new address ?

2. Who has the "Pink Slip" ?

3. Why would he give the money to your mother ?

IAAL

 

[salinas_82]

In response to the thread:

1:Yes, We called him a week and advance gave him the address we were living at. We also stressed the point DO NOT SEND/TAKE the money to the old address. He did anyway.

2:I have the pink slip, but my mom also had her name on the pink slip. We called the Ca. DMV and they told us that the car was no longer under my name but under his. They told us that she may have signed a duplicate title. Under the contract we wrote NO WHERE ON IT DID WE HAVE HER NAME IN IT. So why he gave her the money???

3: I dont know why he would have given her the money. Possibly because he didnt want to mail it.

 

[I AM ALWAYS LIABLE]

My response:

Your contract was with him and you, only. He paid someone who was not privy to the contract. You must sue him for breach of contract. His defense will be that he paid the co-owner. That's tough. That is not a defense. He had an obligation to pay you directly.

You'll need to file in Small Claims court in the town where the contract was to be consumated, or where the defendant lives.

IAAL

 

[salinas_82]

Thanks for the advice. Now can i send a friend who lives in cali to the small claims court and have him file for the claim? Also what else can i sue him for other then the 2500? B/C directly told him if he didnt have the money in my hand on sept 15 I would take the car back and he wouldnt get his money back and i have several witnesses that heard me tell him that and heard him agree. Would that be a verbal contract. I told him that several times b/c i had given him notice that we had moved and didnt want something like this to happen.

Thanks once again.

 

[JETX]

IAAL, you had to open the door, didn't you??? <grin>

 

[I AM ALWAYS LIABLE]

My response:

Yeah, I know . . . and I just feel sick about it.

"Verbal" (read "unproveable") Agreements about whom the guy should pay and when.

Well, our writer will learn (perhaps, someday) to always "put it in writing."

Now, if our writer goes before a judge, he's got a "credibility" problem in getting a judge to believe there even was an "oral agreement."

Good luck, writer.

IAAL

 

[salinas_82]

I do have the agreement. I made it when i gave him the car. It states what was transfered, how much was due, and when it was due. We have the id's on it, our Initials/Sig's. So that takes car of what we sold and what/when the rest of the mony was due.

Now about the car i told him in person/on the phone several times you have to pay me either ahead of time or before. If he didnt i would report the car stolen keep it and not give him any of his money back. As far as a credibility issue w/ those agreements i have a friend and his spouse that i have known for 6 years that were there everytime i told him what would happen if he didnt give me the money on time.

Also when i did contact him about not giving me the money
He said " I dont care i already have the slip" and hung up.

What should be the next step. What would/could i sue him for.

How would i go about filing a claim in San Jose, Ca if im in Moses Lake, Wa?

 

[JETX]

And lets not forget that he is trying to file by proxy in California since he is (apparently) in Washington. That, plus NO written agreement should be interesting.... maybe all parties can testify by video or telephone

 

[salinas_82]

Halket,
In regards to your response obviously you havent been paying attention. There is a written agreement. I need information as to what i should do to get my money, and car back.

 

[JETX]

And you obviously haven't been paying attention to what YOU wrote.....
"B/C directly told him if he didnt have the money in my hand on sept 15 I would take the car back and he wouldnt get his money back and i have several witnesses that heard me tell him that and heard him agree. Would that be a verbal contract.

And you also didn't read IAAL's correct response:
"You'll need to file in Small Claims court in the town where the contract was to be consumated, or where the defendant lives."

 

[salinas_82]

Halket, So how would i file a claim in Ca when im Living in WA? Can i send someone to file the claim for me? Can i call and file it by phone? If i travel down there can i sue him for the remainder of the balance and my travel expenses?

 

[JETX]

Q1) "So how would i file a claim in Ca when im Living in WA?"
A1) Couple of options:
a) You can go to the court and file, or
b) you can hire a local (CA) attorney to represent you, or
c) In some states (CA??), you can file by mail. Call the CA court in the county where the debtor lives and see if they will accept a complaint by mail (I believe they will).

Q2) "Can i send someone to file the claim for me?"
A2) Only a licensed attorney.

Q3) "Can i call and file it by phone?"
A3) See A1.

Q4) "If i travel down there can i sue him for the remainder of the balance and my travel expenses?"
A4) No.