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TRO issued and being sued by Car Dealer

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ComputerDudeinTX

Guest
I owned (Sold it 2/8) a Dodge Caravan with a transmission defect. The dealer wanted to charge me $2200 to rebuild it. I contacted Chrysler, and they said since I wasn't the original owner, tough luck. This is a well documented transmission problem with this model for the past 11 years. I asked the dealer what their position was, and they offered to do the job for $1850, still way high for me. I said I'd rather put lemon signs on it and drive it around town than pay that much, and that I'd put upa web site as well. The website went up and mentioned the dealer by name, it was viewed by a total of 4 people before the owner sent me an email that said I shouldn't have them on the website and they don't owe me anything. I agreed and removed the site and put up a revised site not mentioning the dealer or city within 8 hours. Also replied that I agreed that the dealership owed me nothing, Chrysler did. Got no response. Decided not to waste my time and sold the vehicle the next day (2/8). Got served with papers 2/9, a TRO and a request for permanent injunction. There was no cause for this action, and now I will have to get an attorney to prove him wrong (we have the documents to do it). It really burns me that the system can be abused like this. Any Advice?
 


JETX

Senior Member
Assuming that you no longer have a reason for the website, I would suggest that you remove it and contact the 'other' attorney. Let him/her know that you have removed the site and that an injunction is not necessary due to your voluntary compliance. And ask that they 'non-suit' you without damages or fees.

If they agree, no problem. If they insist on your paying their attorney fees (likely), you will have to consider either fighting their claim (likely win) on your own, or hiring an attorney to respond and then you ask for fees.
 
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ComputerDudeinTX

Guest
Luckily, I connected with a very good attorney through a friend, and their firm has agreed to handle it. Since, attorney's fee's, etc. are not recoverable when requesting injuctive relief, I feel a little better. I think what happened is the dealer wanted to scare me from excercising my right to free speech and wasn't very happy when he found out I wasn't going to waste my time with him. I have left it in a very able attorney's hands. Thanks for the advice!
 

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