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Never been sued before...Please Help

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wisconsin_chick

Guest
What is the name of your state? Wisconsin

First question I wasnt home when the paper was served but my roomate took it.Did i have to sign anything for it to be legal?

Second...I bought a car from a second party and hes suing me for the rest of the money i owe.But when he sold it to me he signed the title over to me and only my name is on the title not his.We have a written agreement but its not notrized and its doesnt say that this agreement is legal and binding in court. So can he do anything?...will he win??...Also i looked up the Kelly Blue Book and i already paid what the car is worth.Any advice would be appreciated. I said i would make monthly payments and its not the end of the month yet. thanks
 


I AM ALWAYS LIABLE

Senior Member
wisconsin_chick said:
What is the name of your state? Wisconsin

First question I wasnt home when the paper was served but my roomate took it.Did i have to sign anything for it to be legal?

MY RESPONSE: No, you didn't have to sign anything. This is called "Substitute Service of Process" - - this is where the process server is allowed by law to serve the Summons and Complaint on anyone at the residence in "apparent control" of the premises, and who is 18 years of age or older. However, the plaintiff must give you extended time to respond to the complaint, pursuant to Wisconsin law as the result of the Substitute Service. Call a local attorney to find out how much more time.




Second...I bought a car from a second party and hes suing me for the rest of the money i owe.But when he sold it to me he signed the title over to me and only my name is on the title not his.

MY RESPONSE: Irrelevant.



We have a written agreement but its not notrized and its doesnt say that this agreement is legal and binding in court.

MY RESPONSE: The contract is what's relevant. It doesn't need to be notarized for it to be binding between the parties. All it needs are terms, conditions, a date and your signature.



So can he do anything?...will he win??...

MY RESPONSE: Yes, and apparently he is - - he's suing you. He has a better than even chance at winning, too!



Also i looked up the Kelly Blue Book and i already paid what the car is worth.

MY RESPONSE: Irrelevant. It doesn't matter what it was actually worth. What matters is what you two agreed to in writing.




Any advice would be appreciated. I said i would make monthly payments and its not the end of the month yet. thanks

MY RESPONSE: What you "said", and what's "written", are two different things. It's the writing that counts. If you wanted different terms, then you two could have placed it in writing.


Good luck, but I think this one is a foregone conclusion.

PAY UP!

IAAL
 

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