Motion hearing Monday advice please!

What is the name of your state? VA

I have a motions hearing for a civil case in NC.. Is a motions hearing actual court? I motioned for dismissal, because I am out of state. I sold a car to a guy in NC.. I owner financed with a contract, he didn't pay for 7 months because he said he had to make repairs. So i called the NC police and they discovered he was driving with false registration and plates and no insurance, so they siezed the car. Since I was the registered owner and held the title, the car was released to me. Now he's suing for damages and the car. WTF.. Well.. hearing is Monday.. am I presenting my reasons for the motion? Or should I be prepared to hear my case.. If that's the case, should I subpoena my witnesses? Thanks..

A Motion is Just that .
Why didn't you wait until the court date , a bring the Motion with you and address the court , before the hearing began, with the Motion ?

Anyways , If your Motion is denied and you need more time,ask for a continuance.

If it's denied , the case might be heard then and there.

It's a little too late to subpoena anyone for Mon.

What did your agreement state about repairs ?

It stated that it needed a water pump and O2 sensors and that the buyer was responsible for all unknown defects, which is what he's claiming. What are the chances of me winning this case?

Ok, Did he make any payments at all ?

How much did it cost you upon release of the car after it was seized ?

I'd say if you had a payment plan, and he didn't make payment's for 7 months, he breached the contract.

What money he spent was on him. If it comes down to who owes who money he may owe you, if it cost you and amount for you to retrieve the car .

No.. He didn't pay me a penny and even though the vehicle was in his possession, I had to pay the note every month for the 7 months. In my motion I included the emails, were he lied about making payments to stall for time. The police didn't impound the car, but I did have to drive 3 hours to pick it up with my brother. I feel as I have a good chance at winning this, but I know its all on presentation. And that's what I wanted help with. When the court calls my name.. after we sware in, do I say.. your honor, I motion to dismiss based on lack of personal jursidction? Or will the judge want to hear the details.. if that's the case, I'll have to present it clearly... or can I read from my motion to dismiss answer.

If I email you a copy, would you help me? Thanks..

I don't understand , A motion for lack of" Personal Jurisdiction " ?

Were you served in your area of residence ( jurisdiction) to have the case heard in your local Court ?

Who released the car to you, the police Dept.,or the impound ?

Ok with a motion. A case was dismissed once on me because of a Motion I didn't have the authority in an Estate case.

Anyways their Lawyer presented the Motion: Your Honer, before we get started I have a Motion ( lack of Personal Jurisdiction to have the case heard here ). Hold up your written Motion while stating that.
See where it goes .

My residence is VA, I was served with a summons from a NC court, which I replied with a motion to dismiss, due to lack of personal jursidiction. The police released the car to me, because the bank and I hold the title to the car. The only contact I had with him or the police dept were emails and the one time I went to NC to pick up the car.

Yeh , you'd have to be served for a VA. Court hearing in your Jurisdiction. It's not like the car was his and you stold it .

Just present the Motion in a fasion as I stated, it should get dismissed .

Just wondering no big deal, did he name the bank as a defendant too ?

Yeah.. That's what I thought.. thanks and I will post how it went Monday.. No he didn't name the bank at all.

I won this round!

The judge dismissed the case not on lack of personal jursidiction, but on improper service. He sent the summons to me uncertified and unregistered... The funny thing is.. I didn't even argue the improper service, just the lack of jurisdiction. The judge did tell him he could refile though... I will be prepared to argue my side better next round... I want to get it dismissed and impose sanctions and have him reimburse me for cost incurred. Felt great to win this round, because he was really cocky about answering my motion, he even started to laugh like it was a joke.

Thanks for your support everyone..

Can the plaintiff place a lien on my car even though my bank already has a lien on it?