i need legal advice

[pharmacy girl]

What is the name of your state? california
we got a 1979 ford truck from a friends friend,he said we talk about price later. we got transfer paper for the truck what was bought 4 months prier for $50 and still in the preveous owners name.well he said its all curent in registration and will pass smog.it cost me $246 to get it registered in my name and did not pass smog and the transmission went out in it.well we called our friends friend and told hem he lied to us and he can come to get the piece of pile back and he said he would.1month went by and the truck is still sitting.so i gave it to my next door neighbors son he is a machanic and will rebuild the trani.2 weeks later the guy calls wanting to get the truck and i said had it towed to the junk yard.he was so mad because it is hes truck and he had so many people lined up to buy it and now he demandet $400 and i said it cost me $246 for registration and $150 towing and he still didnt furnish the smog certificate the law requires when vehicle is sold.well no he is taking us to small claims cort over it.
how can he win? the truck was never in hes name or either any paper stating it was sold to hem i still have all the paper from the original owner what are my chances on the case? please help.
thank you

 

[tigger22472]

He will more then likely win... how much is up for grabs at the moment. You took possession of the truck FROM him with the agreement that you would pay a price for the truck. The price should have been considered and settled on but that can be figured by the judge later. The vehicle was not a gift and you paid no consideration for this vehicle yet knew that you would be required to. You called him and told him to come and get the truck by your own admissions so you admit that it was HIS to come and get. You will need to take in all paperwork that you have. Show that it did not pass the smog test which will lower the value of the vehicle. What you paid for registration and towing is up to the judge. The judge could tell you too bad on both. The judge could tell you that you realized that the truck was not in the person's name yet you still registered it and voluntarily took on that price of the vehicle. As far as the towing that another iffy situation. You admittingly called the other guy, saying to come and get the vehicle, with you not being the owner you willingly had it towed from the property. You may be asked if you contacted the person more then once or if you told him that he had X amount of days to come and get the vehicle. More then likely what will happen is that the truck will be assessed a value and the judge will decided if he/she will refund you any of the fees you paid from that.