Sold car, guy suing me for repairs....

[DJ Bungi]

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

Georgia
_______________________________________________

I sold a car last month and now the guy is suing me for $2600 (apparently he had to pay this to "bring the car up to standards"). Nothing was wrong with the car, but my question is....

If the judge awards him this money and if I cannot pay it (I have been laid off for the last two years), what happens then if I do not pay?

 

[sandyclaus]

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

Georgia
_______________________________________________

I sold a car last month and now the guy is suing me for $2600 (apparently he had to pay this to "bring the car up to standards"). Nothing was wrong with the car, but my question is....

If the judge awards him this money and if I cannot pay it (I have been laid off for the last two years), what happens then if I do not pay?

IF the judge awards him the money and you cannot pay, they will simply issue a judgment. It's up to the creditor to collect from you. To facilitate the process, there are methods the court can employ at the creditor's request to collect the monies owed, including wage garnishment, seizure of vehicles or other valuable assets (sold to satisfy the debt), levy of bank accounts, and liens on real property. The statute of limitations on a judgment for Georgia is 7 years, but the creditor can often renew that for another 7 years before that expires.

As for this buyer's case against you...
What "Standards" is this guy trying to sue you for? If you sold the vehicle "AS IS" (unless you offered a specific WRITTEN warranty or guarantee of fitness, ALL used vehicle sales are considered "AS IS"), then the buyer has no expectation of getting the vehicle upgraded in any manner. They take the vehicle "AS IS", how they find it. They don't get to make you pay for improvements (unless, of course, you agreed to it - IN WRITING).

 

[swalsh411]

This guy suing you sounds like a load of baloney. Unless you gave him a written warranty or guarantee as to the car's condition then it will take the Judge all of 2 seconds to rule that the sale was "as is".

 

[Ralph Andersen]

old car?

Cars that are used are sold as is.
If he wins and you don't pay it's Contempt of Court and you go to jail.

 

[Zigner]

If the buyer had to put $2,600 in to the car in order for it to pass inspection, it's entirely possible the OP will lose in court.

 

[sandyclaus]

...If he wins and you don't pay it's Contempt of Court and you go to jail.

WRONG.

Where do you get the idea that it would be contempt?

The court doesn't do the collecting for you.

 

[sandyclaus]

If the buyer had to put $2,600 in to the car in order for it to pass inspection, it's entirely possible the OP will lose in court.

A SMOG inspection, perhaps. Some other kind of mechanical inspection, probably not.

Of course, it was OP's responsibility to provide a current Smog Certificate (issued within 90 days of the purchase date) at the time that the vehicle was sold and ownership transferred to the buyer. If they did not and could not, then yes, OP might actually be on the hook for these charges to bring the vehicle into compliance in order to pass a Smog test.

 

[Zigner]

A SMOG inspection, perhaps. Some other kind of mechanical inspection, probably not.

Of course, it was OP's responsibility to provide a current Smog Certificate (issued within 90 days of the purchase date) at the time that the vehicle was sold and ownership transferred to the buyer. If they did not and could not, then yes, OP might actually be on the hook for these charges to bring the vehicle into compliance in order to pass a Smog test.

I think you're referring to a different state sandy Your post sounds an awful lot like CA, as opposed to GA.

 

[sandyclaus]

I think you're referring to a different state sandy Your post sounds an awful lot like CA, as opposed to GA.

OOPS, my bad. I did read CA, not GA. Gotta get the allergy gunk outta my eyes... >.<

 

[Cali408nia]

GA does have smog tests as a side note. They are nothing like a CA smog test though.

 

[Zigner]

GA does have smog tests as a side note. They are nothing like a CA smog test though.

Correct, but sandy specifically type out a SMOG test, not a smog test