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help with bogus lawsuit

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hobby10k

Junior Member
What is the name of your state (washington state)?

I'm being sued for a car that I sold 7 months ago to an individual. I got the car at an abandoned vehicle auction held at a towing company. You get an affidavit of sale from the auction to transfer ownership. I sold the car to the plaintiff using the affidavit and a bill of sale, in which I explained I have the affidavit from an auction and not the actual title before he decided to purchase the car. He explained that he fully knew about affidavits because he frequents auctions himself. This is no clueless person, told me that he is a bounty hunter and went on and on about auctions etc. told him if he has any problems feel free to get a hold of me and I'll be more than happy to clear it up. 7 months later he is suing me for the price of the car, claiming that I never provided the title to him He went as far as making a false claims in his statement saying that I told him that I just purchased the car and I'm waiting for the title in the mail, which is completely untrue. said I never called him, and that I was unavailable and unwilling to clear up the issue with him. I never once received a call from him after selling the car to him.

can he sue me 7 months later after he has done god knows what to the car and win??

however the fact that he lied in his statement making stuff up obviously just tells me that he is trying to pull a fast one on me.

can I counterclaim for: loss of wages, emotional distress, costs and time for preparing for this bogus lawsuit?
 


BL

Senior Member
What is the name of your state (washington state)?

I'm being sued for a car that I sold 7 months ago to an individual. I got the car at an abandoned vehicle auction held at a towing company. You get an affidavit of sale from the auction to transfer ownership. I sold the car to the plaintiff using the affidavit and a bill of sale, in which I explained I have the affidavit from an auction and not the actual title before he decided to purchase the car. He explained that he fully knew about affidavits because he frequents auctions himself. This is no clueless person, told me that he is a bounty hunter and went on and on about auctions etc. told him if he has any problems feel free to get a hold of me and I'll be more than happy to clear it up. 7 months later he is suing me for the price of the car, claiming that I never provided the title to him He went as far as making a false claims in his statement saying that I told him that I just purchased the car and I'm waiting for the title in the mail, which is completely untrue. said I never called him, and that I was unavailable and unwilling to clear up the issue with him. I never once received a call from him after selling the car to him.

can he sue me 7 months later after he has done god knows what to the car and win??

however the fact that he lied in his statement making stuff up obviously just tells me that he is trying to pull a fast one on me.

can I counterclaim for: loss of wages, emotional distress, costs and time for preparing for this bogus lawsuit?
No, you go defend yourself.
 

Antigone*

Senior Member
What is the name of your state (washington state)?

I'm being sued for a car that I sold 7 months ago to an individual. I got the car at an abandoned vehicle auction held at a towing company. You get an affidavit of sale from the auction to transfer ownership. I sold the car to the plaintiff using the affidavit and a bill of sale, in which I explained I have the affidavit from an auction and not the actual title before he decided to purchase the car. He explained that he fully knew about affidavits because he frequents auctions himself. This is no clueless person, told me that he is a bounty hunter and went on and on about auctions etc. told him if he has any problems feel free to get a hold of me and I'll be more than happy to clear it up. 7 months later he is suing me for the price of the car, claiming that I never provided the title to him He went as far as making a false claims in his statement saying that I told him that I just purchased the car and I'm waiting for the title in the mail, which is completely untrue. said I never called him, and that I was unavailable and unwilling to clear up the issue with him. I never once received a call from him after selling the car to him.

can he sue me 7 months later after he has done god knows what to the car and win??

however the fact that he lied in his statement making stuff up obviously just tells me that he is trying to pull a fast one on me.

can I counterclaim for: loss of wages, emotional distress, costs and time for preparing for this bogus lawsuit?
You should have properly titled the vehicle prior to selling it. You would have avoided any perceptions of impropriety by doing things the right way.

As BL already stated, No a judge will not entertain a counter suit for your expenses - that would be bogus.
 

OHRoadwarrior

Senior Member
You appear to have broken multiple laws and have committed at least 100 misdemeanors. I would settle this as quickly as I could.

RCW 46.12.650

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.12.650
 

racer72

Senior Member
You appear to have broken multiple laws and have committed at least 100 misdemeanors. I would settle this as quickly as I could.

RCW 46.12.650

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.12.650
Not really in Washington. I have bought cars at impound auctions a number of times and resold them before the 15 day window to tranfer the title expired. Along with the paperwork supplied by the auction and a proper release of interest supplied by the seller there should have been no problem to properly title the vehicle. The only thing I could think of that could bite the seller would be if he did not supply a proper release of interest and a report of sale to the DMV in Olympia. Section 5(a)(ii) of the above RCW would apply in the OP's case. I am going to guess the buyer waited to apply for a title and was going to be hit with late fees and decided to sue instead.
 
Not really in Washington. I have bought cars at impound auctions a number of times and resold them before the 15 day window to tranfer the title expired. Along with the paperwork supplied by the auction and a proper release of interest supplied by the seller there should have been no problem to properly title the vehicle. The only thing I could think of that could bite the seller would be if he did not supply a proper release of interest and a report of sale to the DMV in Olympia. Section 5(a)(ii) of the above RCW would apply in the OP's case. I am going to guess the buyer waited to apply for a title and was going to be hit with late fees and decided to sue instead.
Right, when you do something that is contrary to the law multiple times that suddenly makes it legal. :rolleyes:

How many banks do I have to rob before they legalize bank robbery?
 

OHRoadwarrior

Senior Member
You did not comply with the laws regarding transfer and may have to answer for that.



(1) Releasing interest. An owner releasing interest in a vehicle shall:

(a) Sign the release of interest section provided on the certificate of title or on a release of interest document or form approved by the department;

(b) Give the certificate of title or most recent evidence of ownership to the person gaining the interest in the vehicle;

(c) Give the person gaining interest in the vehicle an odometer disclosure statement if one is required; and

(d) Report the vehicle sold as provided in subsection (2) of this section.

(2) Report of sale. An owner shall notify the department, county auditor or other agent, or subagent appointed by the director in writing within five business days after a vehicle is or has been:

(a) Sold;

(b) Given as a gift to another person;

(c) Traded, either privately or to a dealership;

(d) Donated to charity;

(e) Turned over to an insurance company or wrecking yard; or

(f) Disposed of.

(3) Report of sale properly filed. A report of sale is properly filed if it is received by the department, county auditor or other agent, or subagent appointed by the director within five business days after the date of sale or transfer and it includes:

(a) The date of sale or transfer;

(b) The owner's name and address;

(c) The name and address of the person acquiring the vehicle;

(d) The vehicle identification number and license plate number;

(e) A date or stamp by the department showing it was received on or before the fifth business day after the date of sale or transfer; and

(f) Payment of the fees required under RCW 46.17.050 if the report of sale is processed by a county auditor or other agent or subagent appointed by the director.


(7) Penalty for late transfer. A person who has recently acquired a motor vehicle by purchase, exchange, gift, lease, inheritance, or legal action who does not apply for a new certificate of title within fifteen calendar days of delivery of the vehicle is charged a penalty, as described in RCW 46.17.140, when applying for a new certificate of title. It is a misdemeanor to fail or neglect to apply for a transfer of ownership within forty-five days after delivery of the vehicle. The misdemeanor is a single continuing offense for each day that passes regardless of the number of days that have elapsed following the forty-five day time period.
 

justalayman

Senior Member
can he sue me 7 months later after he has done god knows what to the car and win??
he can sue you. he can win. He cannot have altered the vehicle though.

however the fact that he lied in his statement making stuff up obviously just tells me that he is trying to pull a fast one on me.
actually it was you pulling the fast one. Unless you are dealer, you are required to title the vehicle in your name. Then you can sell it.

can I counterclaim for: loss of wages, emotional distress, costs and time for preparing for this bogus lawsuit?
Even if you could, since you will lose the suit, you wouldn't be awarded them anyway.
 

racer72

Senior Member
Right, when you do something that is contrary to the law multiple times that suddenly makes it legal. :rolleyes:

How many banks do I have to rob before they legalize bank robbery?
How many cars have you bought and sold in the state of Washington? I can honestly say at least a couple hundred. My father was a used car dealer for many years, I grew up selling cars for him and have been doing so for myself for too many years. If what I was doing wasn't legal, the licensing offices would not have accepted the paperwork so titles could be issued for the vehicles.
 

racer72

Senior Member
You did not comply with the laws regarding transfer and may have to answer for that.
b) Give the certificate of title or most recent evidence of ownership to the person gaining the interest in the vehicle;

See the word or? The paperwork from the auction house is good enough for the state. As long as everything is done in 15 days, no problem.
 
How many cars have you bought and sold in the state of Washington? I can honestly say at least a couple hundred. My father was a used car dealer for many years, I grew up selling cars for him and have been doing so for myself for too many years. If what I was doing wasn't legal, the licensing offices would not have accepted the paperwork so titles could be issued for the vehicles.
Thanks for giving me something new to add to my signature.:rolleyes:
 

OHRoadwarrior

Senior Member
b) Give the certificate of title or most recent evidence of ownership to the person gaining the interest in the vehicle;

See the word or? The paperwork from the auction house is good enough for the state. As long as everything is done in 15 days, no problem.
So you reported the sale legally and timely? Then you should have no problem providing a title. Use the copy of auctions certificate or request another from them.
 

justalayman

Senior Member
b) Give the certificate of title or most recent evidence of ownership to the person gaining the interest in the vehicle;

See the word or? The paperwork from the auction house is good enough for the state. As long as everything is done in 15 days, no problem.
did you notice the title of that section:

(1) Releasing interest. An owner releasing interest in a vehicle shall:




Now if you want to go to the pertinent section:


*(5)(a) Transferring ownership. A person who has recently acquired a vehicle by purchase, exchange, gift, lease, inheritance, or legal action shall apply to the department, county auditor or other agent, or subagent appointed by the director for a new certificate of title within fifteen days of delivery of the vehicle. A secured party who has possession of the certificate of title shall either:

*(i) Apply for a new certificate of title on behalf of the owner and pay the fee required under RCW 46.17.100; or

(ii) Provide all required documents to the owner, as long as the transfer was not a breach of its security agreement, to allow the owner to apply for a new certificate of title.

*(b) Compliance with this subsection does not affect the rights of the secured party.
ply with RCW 46.12.675.

Unless you can find a way (5)(a) doesn't apply, OP is required to obtain a new title. OP didn't obtain a new title. Regardless what any other sections states, before he can release his interest, he must be able to prove that interest.

Additionally, if there are any taxes involved when obtaining a title for a newly purchased vehicle, OP would be guilty of fraud in avoiding paying those taxes. This is no different than title jumping.
 

BL

Senior Member
did you notice the title of that section:







Now if you want to go to the pertinent section:





Unless you can find a way (5)(a) doesn't apply, OP is required to obtain a new title. OP didn't obtain a new title. Regardless what any other sections states, before he can release his interest, he must be able to prove that interest.

Additionally, if there are any taxes involved when obtaining a title for a newly purchased vehicle, OP would be guilty of fraud in avoiding paying those taxes. This is no different than title jumping.
I don't know ,but if it is legal to aquire legal interest through an affidavit ,then that interest shifts to the person given the affidavits,etc. , so it would seem. The keyword is OR.

A person who has recently acquired a vehicle by purchase, exchange, gift, lease, inheritance, or legal action shall apply to the department, county auditor or other agent, or subagent appointed by the director for a new certificate of title within fifteen days of delivery of the vehicle.
 

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