small claims im being sued when im owed money

[Mikethemechanic]

california small claims I am a mechanic who did a side job on a car that my brother bought from a guy who was told by two other reputable repair shops that the car could not be fixed. I was able to fix the car and when the previous owner was contacted to get the paperwork to finalize the bill of sale and transfer ownership found out the car was running he wanted to buy the car back. After agreeing to sell the car back to him for the amount my brother initially paid him plus the cost of repairs, the owner has not paid and is now suing me for driving his car around, which I only drove to test drive it, get it smogged and to register at AAA. what is my best defense to prevail and collect either money for the repairs I made or get the Judge to make him stick to his first (verbal) agreement which was to sell the car?

 

[LdiJ]

california small claims I am a mechanic who did a side job on a car that my brother bought from a guy who was told by two other reputable repair shops that the car could not be fixed. I was able to fix the car and when the previous owner was contacted to get the paperwork to finalize the bill of sale and transfer ownership found out the car was running he wanted to buy the car back. After agreeing to sell the car back to him for the amount my brother initially paid him plus the cost of repairs, the owner has not paid and is now suing me for driving his car around, which I only drove to test drive it, get it smogged and to register at AAA. what is my best defense to prevail and collect either money for the repairs I made or get the Judge to make him stick to his first (verbal) agreement which was to sell the car?

You would need to counter sue him for the car, or the sales prices plus the cost of the repairs.

 

[Mass_Shyster]

get the Judge to make him stick to his first (verbal) agreement which was to sell the car?

If the agreed to price was $500 or more, the agreement (verbal contract) cannot be enforced due to the statute of frauds.

 

[Bali Hai]

california small claims I am a mechanic who did a side job on a car that my brother bought from a guy who was told by two other reputable repair shops that the car could not be fixed. I was able to fix the car and when the previous owner was contacted to get the paperwork to finalize the bill of sale and transfer ownership found out the car was running he wanted to buy the car back. After agreeing to sell the car back to him for the amount my brother initially paid him plus the cost of repairs, the owner has not paid and is now suing me for driving his car around, which I only drove to test drive it, get it smogged and to register at AAA. what is my best defense to prevail and collect either money for the repairs I made or get the Judge to make him stick to his first (verbal) agreement which was to sell the car?

The car belongs to the titled owner. Your brother should have demanded the title be signed over to him when he initially paid for the car. This kind of sloppy transaction is what leads to court.

You clearly have a counter claim for the repairs. Your brother will need to sue the owner to get back the money he initally paid for the car.

 

[LdiJ]

The car belongs to the titled owner. Your brother should have demanded the title be signed over to him when he initially paid for the car. This kind of sloppy transaction is what leads to court.

You clearly have a counter claim for the repairs. Your brother will need to sue the owner to get back the money he initally paid for the car.

I completely disagree with that.

 

[Bali Hai]

I completely disagree with that.

You can disagree all you want, that's OP's counter claim, I didn't say OP would win the counter claim.

The owner agreed to the repairs when he knowingly gave possession of the irrepairable car to the brother for $$ and subsequently wanted the car back after discovering the car was successfully repaired.

So, I take it that you are in favor of the owner who took the car to 2 other repair shops and was told that the car was irrepairable, to now get his car repaired for nothing?

It will boil down to what proofs OP and the brother have, their credibliity, and the owners credibility.

 

[LdiJ]

You can disagree all you want, that's OP's counter claim, I didn't say OP would win the counter claim.

The owner agreed to the repairs when he knowingly gave possession of the irrepairable car to the brother for $$ and subsequently wanted the car back after discovering the car was successfully repaired.

So, I take it that you are in favor of the owner who took the car to 2 other repair shops and was told that the car was irrepairable, to now get his car repaired for nothing?

It will boil down to what proofs OP and the brother have, their credibliity, and the owners credibility.

Bali...I apologize. I completely misread the part that I bolded. I thought you were saying that he clearly had no claim for the repairs.

 

[Antigone*]

I want to know if he registered the vehicle, and under whose name? How can the seller demand the car back if the OP had the title.

 

[Bali Hai]

I want to know if he registered the vehicle, and under whose name? How can the seller demand the car back if the OP had the title.

I was able to fix the car and when the previous owner was contacted to get the paperwork to finalize the bill of sale and transfer ownership found out the car was running he wanted to buy the car back

 

[Bali Hai]

Bali...I apologize. I completely misread the part that I bolded. I thought you were saying that he clearly had no claim for the repairs.

It happens, you're forgiven.

 

[Antigone*]

I was able to fix the car and when the previous owner was contacted to get the paperwork to finalize the bill of sale and transfer ownership found out the car was running he wanted to buy the car back

the owner has not paid and is now suing me for driving his car around, which I only drove to test drive it, get it smogged and to register at AAA

Then this is not an accurate statement. Why would he go to AAA without the title?

 

[Bali Hai]

Then this is not an accurate statement. Why would he go to AAA without the title?

I don't know what going to AAA means, but OP clearly refers to the owner as being the person who wants the car back after repairs were made.

 

[Zigner]

I don't know what going to AAA means, but OP clearly refers to the owner as being the person who wants the car back after repairs were made.

The Auto Club (AAA) has registration services. It's MUCH more convenient than heading to the DMV.

 

[Antigone*]

I don't know what going to AAA means, but OP clearly refers to the owner as being the person who wants the car back after repairs were made.

In California, you have to get a car smogged prior to changing title and registering the vehicle. AAA is Automoble Association of America, they have a service where you can go register your car if you are a member instead of going to the DMV. The only reason to have the car smogged and to go to AAA is that you already have the bill of sale and title.

Apparently the OP did not have the bill of sale and title. Why is the OP getting sued? Did he give back the car?

 

[Bali Hai]

In California, you have to get a car smogged prior to changing title and registering the vehicle. AAA is Automoble Association of America, they have a service where you can go register your car if you are a member instead of going to the DMV. The only reason to have the car smogged and to go to AAA is that you already have the bill of sale and title.

Apparently the OP did not have the bill of sale and title. Why is the OP getting sued? Did he give back the car?

The way I read it, OP is in possession of the car waiting for repair bill and his brothers money to be returned before giving the car back to the owner. The owner is po'd about that and is perhaps suing for the car back and the fact that OP was "driving his car around".

If the owner has his car back and didn't pay for repairs or return brothers money back to him, I can't imagine why the owner would sue OP for "driving his car around".