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How can I avoid a frivolous lawsuit?

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Sidetalker

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania.

I am being sued $1000 for a moped. I have paid the plaintiff the originally agreed upon price of $800 in full but he is claiming the vehicle is stolen and demanding an additional $200 for 'pain and suffering'. The moped is in my possession but he will not sign over legal ownership of the vehicle. My court case is set for some time in June and will force me to miss several days of work and purchase a round trip plane ticket from California to Pennsylvania. I can provide far more detail if necessary. What are my options?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania.

I am being sued $1000 for a moped. I have paid the plaintiff the originally agreed upon price of $800 in full but he is claiming the vehicle is stolen and demanding an additional $200 for 'pain and suffering'. The moped is in my possession but he will not sign over legal ownership of the vehicle. My court case is set for some time in June and will force me to miss several days of work and purchase a round trip plane ticket from California to Pennsylvania. I can provide far more detail if necessary. What are my options?
How exactly are they saying that you "stole" this moped?
Did they ever sign over a bill of sale to you?
Do you have proof (some kind of paper trail) that you paid the $800, that they received the $800, and that this was the amount of money that was agreed upon for the purchase (in WRITING)?
If the seller was in CA and you are in PA, then how exactly was this sale executed?
What EXACTLY were the terms of this sale?

And FYI, "pain and suffering" is not a valid claim in most small claims courts, and especially not in a case like this (i.e. while they are angry and frustrated, they are NOT in physical pain, and are therefore NOT suffering said pain, which is what the term is used to mean in the legal sense).
 

Sidetalker

Junior Member
Thanks for the quick reply!

How exactly are they saying that you "stole" this moped?
Here's a quick overview of the sequence of events:

Day 1: I reach a verbal agreement with my friend to purchase his moped, bike gloves, and 2 helmets for $800. I provide him with $400 cash as a downpayment and he hands me the keys, gloves and one helmet. I tell him I'm going to take the bike to a mechanic to get it looked at before providing him with the rest of the money. I decide to take the bike from my school in Troy, NY to my home in York, PA to get the checkup done at my regular mechanic as I have a full 10 days before I need to be present at school for my last final. I neglect to tell him this and set out on my journey (this way my biggest mistake - I was truly just not thinking). He finds out I've left about two hours after I take off and is pissed. I tell him I'll be back in a few days, chill out, and he seems to calm down.

Day 2: He goes off the wall as he is being told by friends that he will be liable for an accident or damage, etc, etc. I try to calm him down but he demands I return the moped and says the deal is off. I tell him, alright, but I'm not paying you anything for the 600+ miles I'll have put on it.

Day 3: He then informs my parents, the dean of students at my school, and Troy PD - he tells them all it was stolen. I speak with both my parents and the dean of students and they realize the actual situation and take my side. After quite a bit of stressful negotiation we come to the agreement that I will pay him the remainder of the $800 over Paypal and, upon receiving the payment, he will sign over a bill of sale. I send him the Paypal money and he cuts of contact with me.

Day 8: I file a claim with Paypal to get my $400 back as he has not contacted me or upheld his end of the agreement for 5 days. He immediately contacts me and I learn that he is now suing me for $1000. He claims the additional $200 is for his pain and suffering along with all of the time he's spent talking to lawyers and legal authorities.

Day 15: The Paypal claim fails because Paypal does not insure against motor vehicle purchases (or something to that effect). He still has my $400 cash and $400 Paypal and I still have the moped, his license plate, and all papers associated with the vehicle which is in his name.

Did they ever sign over a bill of sale to you?
No :mad:

Do you have proof (some kind of paper trail) that you paid the $800, that they received the $800, and that this was the amount of money that was agreed upon for the purchase (in WRITING)?
I have nothing in writing. I do have a very long paper trail where he openly admits all three points above but it is via email (Gmail if it makes a difference). I have a witness to the $400 cash transaction and Paypal has a record of the second $400. I would be very surprised if he disputes the email as he will likely be using the same emails to attempt his convoluted case.

If the seller was in CA and you are in PA, then how exactly was this sale executed?
In person (see explanation above). I moved to CA for work on the December 30th (~Day 18).

What EXACTLY were the terms of this sale?
Let me know if I need to be more explicit than I already was.

And FYI, "pain and suffering" is not a valid claim in most small claims courts, and especially not in a case like this (i.e. while they are angry and frustrated, they are NOT in physical pain, and are therefore NOT suffering said pain, which is what the term is used to mean in the legal sense).
I know - I'll win this case hands down if I go to court. The problem is that going to court (in NY) will cost me ~$800 in airfare and cause me to miss one day of work at the very least (~$250).
 

sandyclaus

Senior Member
There is no "hands down" on this case.

Did you ever get a WRITTEN receipt for the original $400 downpayment (no receipt means you have no proof your friend ever received that money, BTW).

Does your PayPal invoice or receipt state anywhere what the money was for (i.e., did it say remaining balance on sale of moped, description of moped, etc.)?

If you do not have proof of the terms of the deal, nor WRITTEN confirmation that the full asking price of the moped has been paid, then you have a BIG problem. Your friend can claim you gave him nothing, and took the moped not only out of the state, but clear across the country, without his permission. Unless/until you are the legal owner of the vehicle, that is never OK to do.

Yes, the emails MAY help, but the problem remains that without proof, there is no credible evidence that your friend even sold you the moped. And you did place them at risk for taking the moped out of the state without having legal ownership, as liability for anything that happens until legal ownership has been established will fall upon the titled owner, your friend.

Has he reported the moped stolen to the police? If he hasn't, it's possible that he may have tried but told this convoluted story to them and they advised it is strictly a civil matter. If he has, then you could be in much more serious trouble here.
 

Sidetalker

Junior Member
There is no "hands down" on this case.
Fair enough.

Did you ever get a WRITTEN receipt for the original $400 downpayment (no receipt means you have no proof your friend ever received that money, BTW).
No, I did not. I am 100% certain that he received the money as I handed it to him myself. He does not deny this.

Does your PayPal invoice or receipt state anywhere what the money was for (i.e., did it say remaining balance on sale of moped, description of moped, etc.)?
Unfortunately, no. I dropped the ball on this one as well as I still thought I was dealing with a friend of some sort. However, he does not deny this payment either. He is a bit upset over it as I delegated him to pay the ~$11 transaction fee. I have since offered to pay him the additional fee but he holds his ground.

If you do not have proof of the terms of the deal, nor WRITTEN confirmation that the full asking price of the moped has been paid, then you have a BIG problem. Your friend can claim you gave him nothing, and took the moped not only out of the state, but clear across the country, without his permission. Unless/until you are the legal owner of the vehicle, that is never OK to do.
I most certainly did not take the moped to CA with me (as I originally planned to) after all of this drama occurred. I realized the best thing to do would be to keep the thing in my possession (at my family's house in PA) and off the roads (as it was filed as a stolen vehicle and I imagine I could get in quite a bit of trouble if I was pulled over in it).

Has he reported the moped stolen to the police? If he hasn't, it's possible that he may have tried but told this convoluted story to them and they advised it is strictly a civil matter. If he has, then you could be in much more serious trouble here.
Yes, he has. I called the police station and the court house myself to verify his claims. What type of "serious trouble" do you imagine I could be in? At this point he is not disputing anything I say - we agree on the facts.
 

Proseguru

Member
What is the name of your state (only U.S. law)? Pennsylvania.

What are my options?
File an answer to the complaint (file a counter claim if you wish), go to court with all your documents and have your day in court.

Don't show up? A default judgment will be granted.

You are just not happy needing to go back to the east coast? Oh well.
 

Sidetalker

Junior Member
Ok...

File an answer to the complaint (file a counter claim if you wish), go to court with all your documents and have your day in court.
This will cost me nearly $1000. I would love to have my "day in court" but it is absolutely ridiculous that I should have to spend this money on transportation for an entirely unfounded case.

Don't show up? A default judgment will be granted.
Does this mean I automatically loose...?

You are just not happy needing to go back to the east coast? Oh well.
You sympathy is much appreciated :confused:
 

You Are Guilty

Senior Member
I hear there are a great number of these things called lawyers in the Alb-Sch-Troy area. You may want to look into getting one, as they might very well cost a lot less than $1000 to just show up for one small claims appearance.

Good luck.

https://attorneypages.com/
 
You sympathy is much appreciated :confused:
We are not here to be sympathetic. You entered an agreement without the proper paper trail to cover your butt, gave $400 in cash over to this "friend" without a written receipt, and now are concerned over the cost of appearing at small claims court over this moped. You shouldn't of left the state before having the proper paperwork in hand to prove ownership.
 

Sidetalker

Junior Member
We are not here to be sympathetic. You entered an agreement without the proper paper trail to cover your butt, gave $400 in cash over to this "friend" without a written receipt, and now are concerned over the cost of appearing at small claims court over this moped. You shouldn't of left the state before having the proper paperwork in hand to prove ownership.
I realize what I've done. You're supposed to be here to "give advice". If all you can tell me is what I've done wrong then you shouldn't be posting anything at all.
 

Sidetalker

Junior Member
I hear there are a great number of these things called lawyers in the Alb-Sch-Troy area. You may want to look into getting one, as they might very well cost a lot less than $1000 to just show up for one small claims appearance.

Good luck.

https://attorneypages.com/
Thank you - I am looking to resolve this without a lawyer and have several months to do so. I may look into a lawyer if I get closer to crunch time with no resolution.
 

Proseguru

Member
This will cost me nearly $1000. I would love to have my "day in court" but it is absolutely ridiculous that I should have to spend this money on transportation for an entirely unfounded case.



Does this mean I automatically loose...?
Well if you don't want to travel then you have only 2 options (and win the case); this is through a motion to dismiss or through a summary judgment. You'll need legal consul to appear but your presence is not needed for the hearing on these two types of motions.

And, get ready, the case may take more than one visit to the courthouse. Its usually done in one day but not always. Then you may have to visit the courthouse yet again.

Its goofy that you took control of a vehicle with having a clear title to it. Lucky for you it is not a large case.

And, another option is to reach an agreement with the other party and have him withdraw the case.

And if you are going to answer the complaint, you can include your exhibits as attachments.

Also, looking at options where you do not have to travel, your attny could ask that discovery be open & file request to admit & if the documents are admitted and the documents show that you paid for the vehicle (and you filed a counterclaim) then you can file a motion for summary judgment on both the complaint and counterclaim. And all this can be done w/o your presence but would require a lawyer & this could cost well over 1K.

If it goes to trial, you need to be there .. it's how the system works.

Some judges, a minority, will not giver a default judgment w/o investigating (or reading & asking ? of the plaintiff) the facts noted in the complaint, answer & counterclaim, if any. Many judges will simply give the default.
 
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