Sued for 3x what i sold item for.....

[crdjeep]

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

I am getting taken to small claims for an AS-IS purchase, it was an ALL Cash deal, no receipt, she called me up bitching and moaning 2 weeks later, saying it was broken on the inside, her bf was there as well and inspected it. She sent cert. letter 3 weeks later, stating what was wrong and saying I Knew about it before "I SOLD IT", which is a lie. I never knew, it worked great for years, and it was used before I bought it, which i told her. she did send pics, and see where it was broke but then fixed, which then she proceeded to take off the patch to show the defect. I am assuming it was fixed before I bought it. Now i get a letter from magistrate. she's suing for 3 times what I sold it for. Man I Am MAD.

sold for less then 500 now suing for almost 1300

I did make a post about wrong name, but when I physically went to magistrate office to say I'll be showing up, the lady in the office said, the lady just called 10min. ago w/ my wife's real name. now she has to go now too. which is better for me b/c she knows the truth as well.

Any ideas what the judge will say?

 

[Zigner]

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

I am getting taken to small claims for an AS-IS purchase, it was an ALL Cash deal, no receipt, she called me up bitching and moaning 2 weeks later, saying it was broken on the inside, her bf was there as well and inspected it. She sent cert. letter 3 weeks later, stating what was wrong and saying I Knew about it before "I SOLD IT", which is a lie. I never knew, it worked great for years, and it was used before I bought it, which i told her. she did send pics, and see where it was broke but then fixed, which then she proceeded to take off the patch to show the defect. I am assuming it was fixed before I bought it. Now i get a letter from magistrate. she's suing for 3 times what I sold it for. Man I Am MAD.

sold for less then 500 now suing for almost 1300

I did make a post about wrong name, but when I physically went to magistrate office to say I'll be showing up, the lady in the office said, the lady just called 10min. ago w/ my wife's real name. now she has to go now too. which is better for me b/c she knows the truth as well.

Any ideas what the judge will say?

The crystal ball is out of town for the weekend, sorry.

Calmly and respectfully present your side of the story and bring any physical evidence you may have.

 

[crdjeep]

I guess i want to know how in the world can she sue for 3x the amount. She said she had multiple people look at it and say "it was not working when i sold it to her" and it will take x amount of dollars to fix.

 

[BL]

What AS-IS purchase ?

It ?

Was/is it "Cousin IT " from the adam's family ?

 

[crdjeep]

it was an item sold as-is , like all items that are used. Right?

 

[BL]

it was an item sold as-is , like all items that are used. Right?

What you talkin bout willis ?

In other words I have no idea , just your say so "it" was used and sold as-is .

 

[crdjeep]

the item that was sold from CL is what this about. I am saying she's suing for 3x what I sold it to her for. Is this possible to collect that much? I don't think there is a chance in heck of her winning this as well.

 

[BL]

Are you doing home work ?

Studying for your GED ?

You keep beating around the bush ?

Yesterday .

Wrong name, what to do?

--------------------------------------------------------------------------------

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

Me and me wife got served today to go to Small Claims Court. I wasen't home so I didn't sign for it yet. There were 2 different mailings/envelopes one for each of us.

My wife wasn't even present for the transaction "which was a cash deal w/ no receipt or NOTHING" anyways, should my wife have to go to court? Should she sign for the mail? I know I will sign for my letter.

She's already mad about this, she doesn't want to go to court. The person suing doesn't know my wife's name, obv

 

[noho]

OP, you need to help us out if you want advice. Your OP has way too much code. And wtf is CL???

 

[sandyclaus]

I'm pretty sure "CL" is code for Craigslist.

But I am still trying to decipher what "it" is that he allegedly sold for under $500 and is now being sued for $1300 for.

There could be many reasons why or why not the person who bought "it" has a perfectly valid claim against you. But if you want help, you are going to be more specific. Stop talking cryptically. Or for sure, "it" all stops here with you remaining dazed and confused.

 

[crdjeep]

This was for woodburner, Unknown age, I told the lady it was here at my home when I bought the home. She asked me if it had any cracks in it. I said "No, It worked fine for the past 6 years with out problem's". Well she calls 2 weeks later and said it has a massive crack and wants her money back $400 or $300 to have it fixed. I don't agree with this. She sent me pics of it. It does have a crack. I never saw this b/c it had to have been taken apart to find it. The woodburner installer took it apart and found it. Even in her letter to the judge, it say's "It was discovered after the installer taken it apart and only THEN the massive damage was discoverable". I have no knowledge how they work and it was here when I bought the home. It worked fine. It looks like it might have been fixed before I bought the home. I never taken it apart or had any problems with it. My wife can verify this as well. She and I were both served for over 1250$. She lives over an hr. away and who know's what happened after she left with it.

Also I do have the "seller's disclosure" when I bought the home. It doesn't say anything about the woodburner was damaged or fixed, which means it was in safe working order.

 

[davidmcbeth3]

I would suggest you call her and see if she'll take the original sales amount as consideration into dropping the suit.

From what you wrote here; you sold her a defective wood stove. Such a defect could have, if not discovered, caused death if used.

You can go to the judge and say it was an as-is sale but small claims is looking for what the judge considers a fair resolution .. you cannot state that the defect was not there & you did claim it was in good working (ie safe) order.

Why sell such an old stove? Just begging for trouble.

The plaintiff may be able to recover 3x the amount...

Try and get this case settled..

 

[crdjeep]

She already filed suit. It was sold as-is. It was in working condition when I sold it. She did send in her demand letter a pic. of the crack, It was fixed but she took off the patch. I never knew anything about it.

 

[crdjeep]

I would suggest you call her and see if she'll take the original sales amount as consideration into dropping the suit.

From what you wrote here; you sold her a defective wood stove. Such a defect could have, if not discovered, caused death if used.

You can go to the judge and say it was an as-is sale but small claims is looking for what the judge considers a fair resolution .. you cannot state that the defect was not there & you did claim it was in good working (ie safe) order.

Why sell such an old stove? Just begging for trouble.

The plaintiff may be able to recover 3x the amount...

Try and get this case settled..

Of all the reading about small claims, you can not collect more then original purchase plus court cost's. I think she's including installation cost's and her time or whatever. She fully inspected it w/ myself and her boyfriend. I even had firewood there because I used 1 week before.

 

[davidmcbeth3]

I own a stove, it heats my house. You cannot "patch" a stove .. if there is a crack it usually is thrown away. Or major welding is needed, not a "patch"...most manufacturer's say not to try this either.

Call up the other party and make a settlement offer.

I find it IMPOSSIBLE to believe that you did not see that the stove was unsafe.

You do know that the stove creates alot of carbon dioxide & some carbon monoxide even when in perfect condition ... in a cracked state I can only imagine the CO being produced.

This stove should be scrapped. You should be thanking this lady for discovering this defect .. if you would have sold it to a family with little kids, how would you feel if disaster strikes? Even w/o legal responsibility ... I'm sure that you do want to kill folks for a gain of $300... think about it