i sold a car. the buyer has sued me in the small claims court.

[goldenash]

What is the name of your state (only U.S. law)? Texas

sold car to private party now buyer threatens lawsuit

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What is the name of your state (only U.S. law)? CA

Hello,

I advertised my car for sale on the internet and disclosed all known issues that I had with the car.

I met with the buyer and sold the car for 2400$. The buyer called me the next week stating that the car has some gaskit promlems. She threatened a lawsuit.

After two months she has sued me for 2400$ in small claims court. I think she just wants the money because i have heard that there is no returns in the small claims court.
The car was perfect with me apart fom some paint problems which were pointed out.
I am a foreigner and i do not have much money to fight my case.

Please guide me.

Thank you.

 

[swalsh411]

You have nothing to worry about. Even if she could prove you knew or should have known about the gasket problem, the car was sold as-is. Texas lemon law has nothing whatsoever to do with this unless the car was still covered by the manufacturer's warranty, which considering the price was $2,400 I highly doubt.

Just go to court and say you disclosed all known problems, did not offer any sort of guarantee or warranty, and the vehicle was sold as-is. You do not need an attorney.

If she did not have the vehicle inspected by a mechanic prior to purchase you can point that out. If she did have the vehicle inspected then either the mechanic missed it, or the problem was not there at the time of purchase. Either way, you are not responsible.

Heck even if you didn't show up you would probably win, but I recommend going.

 

[Zigner]

Heck even if you didn't show up you would probably win, but I recommend going.

That is an irresponsible and, frankly, stupid thing to say.
If OP does NOT show up, OP will LOSE. PERIOD.

 

[swalsh411]

That is an irresponsible and, frankly, stupid thing to say.
If OP does NOT show up, OP will LOSE. PERIOD.

I don't think so in this instance. You don't automatically win in small claims court because the other party doesn't show up. You still need to show preponderance of evidence. Used car sales in Texas, like in most states, are assumed to be as-is. Unless the plaintiff has evidence that the seller made some warranty or guarantee (which the OP did not mention) then I don't think the Judge would rule in her favor.

Regardless, I did not recommend that the OP not show up in court.

 

[Zigner]

I don't think so in this instance. You don't automatically win in small claims court because the other party doesn't show up. You still need to show preponderance of evidence. Used car sales in Texas, like in most states, are assumed to be as-is. Unless the plaintiff has evidence that the seller made some warranty or guarantee (which the OP did not mention) then I don't think the Judge would rule in her favor.

Regardless, I did not recommend that the OP not show up in court.

Plaintiff: Judge, I purchased this vehicle and the lady told me that she had just had the gaskets repaired and they were brand spanking new. She assured me that there was nothing at all wrong with the car. She even wrote this little note to me stating this and that she would take the car back if I wasn't satisfied with it. There isn't even an "as-is" clause mentioned - just this satisfaction guarantee.

Judge: Ok, Defendant, how do you respond?

Defendant: <crickets chirping>

Judge: Based upon the evidence provided that was not refuted by the Defendant, I find in favor of the Plaintiff.


See how that works?

 

[ocguy71]

I was a plaintiff in a small claims court in CA and the defendant didn't show. I won but I had to explain the bases of the amount. Since the defendant was there to refute the amount I won the total requested.

 

[Who's Liable?]

ALWAYS show up!!!

 

[goldenash]

Thank you so much

Thank you so much. i was so confused but now i feel a lot better. i talked to the company which has recruited me and they think that i should send a formal letter on the "answer date" instead of going myself. Can this work?

Do you know the minimum time period between "answer date" and "trial date" in small claims court?

Please guide me.

Once again thanking you all.