KIOWAMASTER
Junior Member
Hello,
I am in Tennessee and I made a contract with my ex-wife to purchase a 2007 Harley Davidson motorcycle. We drew up the contract but never got to sign it because she had surgery and we never made it to get it signed.
I paid her $4000 down towards this agreement and she signed a receipt that states she received $4000 down payment towards this agreement and is dated as well as her writing the amount and the same date on the agreement itself. It is also stated in this agreement how and when the balance was to be paid, which was as soon as we settled our case for a car accident that we were in. (we knew about when we were going to settle)
She called me one day and said her house was broken into and acted like someone may still be in her home. I told her to call the police and I was on my way there. When I arrived there she was acting funny and then her son arrived shortly after I did, he parked his car behind the motorcycle and proceeded to remove the tags from the motorcycle.
Turned out that she called the police saying someone broke into her home but when they arrived the focus was on her getting the motorcycle from me. She told the police that she never had an agreement with me and never seen an agreement. She said that I had taken the motorcycle and never came back with it for almost 3 months. (Keep in mind this is a $34000 Harley and she never reported it stolen).
I told the police that I had a copy of the agreement as well as receipts showing that I made a down payment and receipts showing that I was paying the insurance as it stated the motorcycle would stay insured in her name until the balance was paid. I lived in a different city and my copy of the agreement was at my house on my copy machine.
I was told since the motorcycle was titled in her name that I had to leave it there since I didn't have my paperwork with me at the time. All of this happened two weeks before we were suppose to settle our accident claim which was when I was to pay the motorcycle off. The police officer told me the best thing for me to do would be to go file a civil case against her. I went the next day a filed a case against her and she was served.
A week after she was served I recieved a letter in the mail with no return address but it had her hand writing on the envelope but the letter inside was printed via computer. It stated that several different people were going to be there on that date to serve me with several different things and also the hand writing on the back said "I hope you don't drive to the court". I felt that was a threat.
When we showed up at the court I was served with an order of protection that she was seeking against me for an unknown reason. At the start of court I asked for a continuance so I could have the police officer summons to court on my behalf and it was continued.
We then went to the next court date only to have the case dismissed because the paper that the court clerk gave me to file was the wrong paper and so the case was dismissed and I was told to take her to civil court which I thought we were in but it was the paper that I filed which was wrong.
I left the court with intentions to go re-file and she kept following me all around the court house and into the court clerks office and I mentioned to the lady at the desk that she had filed for an order of protection against me but was following me all around the court house and the lady just said "oh", so I told the lady that we would just come back tomorrow and take care of our business and we left.
I went back the next day to file once again and while waiting for her to be served again, I was shocked to find that I was served with papers saying that she was suing me saying that I paid $4000 down but I never made a payment and the motorcycle was damaged and depreciated and the motorcycle was recovered. "she denied even having an agreement with me but still filed a case against me"
Then she was served with my case and our courts are set one day after the other. I feel that she sold me the motorcycle and took my $4000 then had a plan to take the motorcycle from me just before I could pay it off because she wanted my money and the motorcycle.
I just went and filed a countersuit on her lawsuit against me and I filed for a summons for the police officer to show on my behalf in both the one she filed and the one I filed. Any helpful advice would be great. Thanks for reading.What is the name of your state (only U.S. law)?
I am in Tennessee and I made a contract with my ex-wife to purchase a 2007 Harley Davidson motorcycle. We drew up the contract but never got to sign it because she had surgery and we never made it to get it signed.
I paid her $4000 down towards this agreement and she signed a receipt that states she received $4000 down payment towards this agreement and is dated as well as her writing the amount and the same date on the agreement itself. It is also stated in this agreement how and when the balance was to be paid, which was as soon as we settled our case for a car accident that we were in. (we knew about when we were going to settle)
She called me one day and said her house was broken into and acted like someone may still be in her home. I told her to call the police and I was on my way there. When I arrived there she was acting funny and then her son arrived shortly after I did, he parked his car behind the motorcycle and proceeded to remove the tags from the motorcycle.
Turned out that she called the police saying someone broke into her home but when they arrived the focus was on her getting the motorcycle from me. She told the police that she never had an agreement with me and never seen an agreement. She said that I had taken the motorcycle and never came back with it for almost 3 months. (Keep in mind this is a $34000 Harley and she never reported it stolen).
I told the police that I had a copy of the agreement as well as receipts showing that I made a down payment and receipts showing that I was paying the insurance as it stated the motorcycle would stay insured in her name until the balance was paid. I lived in a different city and my copy of the agreement was at my house on my copy machine.
I was told since the motorcycle was titled in her name that I had to leave it there since I didn't have my paperwork with me at the time. All of this happened two weeks before we were suppose to settle our accident claim which was when I was to pay the motorcycle off. The police officer told me the best thing for me to do would be to go file a civil case against her. I went the next day a filed a case against her and she was served.
A week after she was served I recieved a letter in the mail with no return address but it had her hand writing on the envelope but the letter inside was printed via computer. It stated that several different people were going to be there on that date to serve me with several different things and also the hand writing on the back said "I hope you don't drive to the court". I felt that was a threat.
When we showed up at the court I was served with an order of protection that she was seeking against me for an unknown reason. At the start of court I asked for a continuance so I could have the police officer summons to court on my behalf and it was continued.
We then went to the next court date only to have the case dismissed because the paper that the court clerk gave me to file was the wrong paper and so the case was dismissed and I was told to take her to civil court which I thought we were in but it was the paper that I filed which was wrong.
I left the court with intentions to go re-file and she kept following me all around the court house and into the court clerks office and I mentioned to the lady at the desk that she had filed for an order of protection against me but was following me all around the court house and the lady just said "oh", so I told the lady that we would just come back tomorrow and take care of our business and we left.
I went back the next day to file once again and while waiting for her to be served again, I was shocked to find that I was served with papers saying that she was suing me saying that I paid $4000 down but I never made a payment and the motorcycle was damaged and depreciated and the motorcycle was recovered. "she denied even having an agreement with me but still filed a case against me"
Then she was served with my case and our courts are set one day after the other. I feel that she sold me the motorcycle and took my $4000 then had a plan to take the motorcycle from me just before I could pay it off because she wanted my money and the motorcycle.
I just went and filed a countersuit on her lawsuit against me and I filed for a summons for the police officer to show on my behalf in both the one she filed and the one I filed. Any helpful advice would be great. Thanks for reading.What is the name of your state (only U.S. law)?