What is the name of your state? CA
I have posted a couple of threads regarding a breach of K problem. Posting new thread because of ethical issue.
Background:
Ethical:
I know she is lying to me – perhaps because of the wrong sale price on the release of liability, or maybe she just doesn’t want to get involved. I have, as you see, a little trouble being concise. I need advice.
Procedural:
1. Looking for help in what to include in demand letter – let D know what I know or ask him to reiterate the false facts so that I have that for court.
2. How to prove sale of snowmobile and to whom sold other than subpoenaing D.
3. How to approach Attorney about her statements. Write again, and if so, tell her I intend to subpoena? Hint around that the only transaction I can find has her name on it.
4. Should I report to Bar Assoc that I believe she is lying about sale?
Thanks for any help.What is the name of your state?
I have posted a couple of threads regarding a breach of K problem. Posting new thread because of ethical issue.
Background:
- Sale of snowmobile, oral K for 3K, when reduced to writing I stupidly agreed to accept $1500 for a variety of reasons – e.g., D presented me with false repair documents, false statements, said going to file bankruptcy, so I figured something was better than nothing. He said it was wrecked when he bought from me.
- I spoke with shop where he took it, they say not true, never wrecked. I want to claim K is void due to consent induced by fraud,misrep.
- Found ad in archives of newspaper for sale of snowmobile for $5500 (included trailer, so snowmobile was worth $4500) – by the way, D’s ad said “never wrecked”.
- Used DMV to track down who sold to, only had a release of liability on file for new owner, to this day, title remains in D’s name. I searched for days on the internet for contact info on name on release of liability, finally found her to be an attorney in CA. Called her. She claims D bartered for ATV to her former client, then she/her son buying (not bought) from this former client.
Ethical:
- Name on release of liability, call her Attorney (she is) is only record DMV has on sale. Shows $1500 as sale price. The thing is worth at least $4K. Attorney gave some convoluted story of barter for an ATV between a former client of hers & D, then said she/her son bought from barterer.
- Because of atty/client, wouldn’t give me prior person’s name. Fine, I understand, but I asked her to pass info on to client, have client write or contact me - to no avail.
- I need something other than just a copy of the ad and the release of liability to prove that D actually sold the snowmobile for $4500 or whatever, and that he lied to me, misled me – fraud in inducement to accept the lesser amount. I have more facts on this to prove fraud if needed, but thought this was enough said here.
- Corresponded with Attorney once via phone when she gave me the story of the former client. Have 3 emails, in one she says her son, who is THE OWNER (not buying as said on phone) contacted D for negligence because of some rust or water in vehicle and threatened to sue him for negligence if he didn’t pay a couple of hundred or something. Why would Attorney sue D directly if she didn’t buy it from him? – to me, this means the only transaction that ever took place was between Atty and D. She lied.
- There is no record of any ATV registered to D. Hence, no barter or it is registered to someone else. No ATV at his house, no trailer.
- Wrote Attorney 7/15 asking for status and that she provide me with a declaration or affidavit of facts as she knew them, client’s name could be redacted. And to at least pass info on to client. I know she has no obligation to “help me” - but, I was defrauded by D, why wouldn’t they want to take 10 minutes out and help me? Why the secrecy on Attorney’s transactions with D? She did tell me her son contacted him. After much research through DMV, it appears this barterer-client never existed and that the only transaction was between Atty & D.
I know she is lying to me – perhaps because of the wrong sale price on the release of liability, or maybe she just doesn’t want to get involved. I have, as you see, a little trouble being concise. I need advice.
Procedural:
- I am filing a small claims for breach of K, fraud, misrep. Against D.
- I want to subpoena D and Attorney – problem is, subpoenaed info goes directly to court at time of trial, no time for me to review.
- I want from D: documents proving proof of sale, when, how much, to whom since he lied about all three. Would it be just plain futile to request this info in the demand letter, or is there a crafty way of getting to admit anything – the oral lies, or the real sale info.
- I want to subpoena Attorney and her son, as in her email she claims the son is the owner/purchaser. Will she be able to quash because on the facts of the case? Should I write her one more letter asking for the info? If so, any suggestions to get her to fess up? I know she is lying and if I report this to the Bar (I called, they said they would investigate based on facts), how will this affect her ability to practice law. I just want my money, not to screw up someone’s whole career.
1. Looking for help in what to include in demand letter – let D know what I know or ask him to reiterate the false facts so that I have that for court.
2. How to prove sale of snowmobile and to whom sold other than subpoenaing D.
3. How to approach Attorney about her statements. Write again, and if so, tell her I intend to subpoena? Hint around that the only transaction I can find has her name on it.
4. Should I report to Bar Assoc that I believe she is lying about sale?
Thanks for any help.What is the name of your state?