Contract law regarding loaned money for vehicle

[maxx_223]

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

Husband and his father entered into a signed agreement regarding $12600 for the purchase of a vehicle. The agreement was set for this specific amount without any agreements regarding late fees or any extra additions to this balance. His father added $3109 worth of extra items, including late fees, rent, etc. The vehicle was returned over a year ago and his father had verbally agreed that returning the vehicle completed the contract. However, his father has taken the contract to court for the claimed remaining balance, and somehow won. How is that possible if the amount he was seeking judgement for included all the items that were added to the balance without an agreement from both parties?
To help illustrate:
$12600 original balance
-$9075 payments made
=$3525 remaining balance
-$2900 sale price of returned vehicle that was "forgiven" on remaining balance
=$675 remaining balance after forgiven sale price (if agreement of completed contract hadn't been made)
However his father won judgement of $3600.
How does that work?

Also, while we await a date for the appeal hearing, we are looking into suing him based on the value of the vehicle when it was returned rather than the sale price. He sold the vehicle for $2900 where it was valued at $5880 the day it was returned to him.
$3525 remaining balance of original contract
-$5880 amount forgiven for value of vehicle returned (instead of $2900 sale price)
=$2355 overpayment (due back to my husband)

Is this something we could have a chance winning?

 

[adjusterjack]

Husband and his father entered into a signed agreement regarding $12600 for the purchase of a vehicle. The agreement was set for this specific amount without any agreements regarding late fees or any extra additions to this balance. His father added $3109 worth of extra items, including late fees, rent, etc.

When did his father add all that? Before or after your husband signed the contract? If before, then your husband was (or should have been) well aware of the terms before he signed it.

The vehicle was returned over a year ago and his father had verbally agreed that returning the vehicle completed the contract.

Should have gotten that in writing.

I'm guessing his father now claims to never have made that statement.

However, his father has taken the contract to court for the claimed remaining balance, and somehow won.

"Somehow" won?

Seriously?

Presumably your husband went to court and "listened" and "read" the evidence presented and should have been able to tell exactly how his father "somehow" won the judgment.

Or did your husband just blow it off and not show up?

How is that possible if the amount he was seeking judgement for included all the items that were added to the balance without an agreement from both parties?
To help illustrate:
$12600 original balance
-$9075 payments made
=$3525 remaining balance
-$2900 sale price of returned vehicle that was "forgiven" on remaining balance
=$675 remaining balance after forgiven sale price (if agreement of completed contract hadn't been made)
However his father won judgement of $3600.
How does that work?

How it works is that your father-in-law told the judge things and showed the judge things that convinced the judge to rule in his favor.

Where was your husband when all that was going on? If your husband was in the courtroom and had raised no valid defense, that's why he lost.

Also, while we await a date for the appeal hearing, we are looking into suing him based on the value of the vehicle when it was returned rather than the sale price. He sold the vehicle for $2900 where it was valued at $5880 the day it was returned to him.
$3525 remaining balance of original contract
-$5880 amount forgiven for value of vehicle returned (instead of $2900 sale price)
=$2355 overpayment (due back to my husband)

Is this something we could have a chance winning?

I doubt it. If the car was worth that much you should have sold it instead of returning it. By returning it you waived any right to question the amount it was sold for.

I'm not even sure you have much of a chance of winning the appeal. According to the Nebraska court website:

The district court judge will make a decision on the appeal by reviewing the record of the county court case. No new evidence or witnesses may be submitted.

https://supremecourt.nebraska.gov/self-help/appeals/appealing-or-setting-aside-small-claims-judgment

Important question:

On what grounds does your husband base his appeal?

 

[maxx_223]

When did his father add all that

His father added it all After the contract was signed. And the ledger he submitted as evidence shows it.

I'm guessing his father now claims to never have made that statement

I was there as witness and my husband introduced me as such but the judge never let me speak, regarding the verbal agreement that finished the Contract.

Or did your husband just blow it off and not show up?

His father's own record keeping that he submitted as evidence includes all of the additions that were added After the Contract was signed, so the math I included in the original post was based solely on that piece of evidence, therefore "somehow" won. The math speaks for itself I think. My husband did go, we both did, but with just how messed up the whole situation is, we didn't even think it Would get this far. My husband answered all the questions the judge asked and that was that. His father's paperwork should have spoke for itself and never get this far.

If your husband was in the courtroom and had raised no valid defense, that's why he lost.

Again, the paperwork submitted should have spoke for itself.

If the car was worth that much you should have sold it instead of returning it.

We couldn't have sold it, it was in his father's name until the whole balance was paid off. We couldn't have sold it.

On what grounds does your husband base his appeal?

I know new evidence and such cannot be submitted, but math doesn't lie. You can't say "well I accidentally added that on to the balance". Besides, we have proof that he lied in court saying he removed all the extra items he added, when, again, his paperwork clearly shows something different. I paid for the transcript and copy of the evidence. He was asked by the judge if he was looking for judgement on the late fees and he said no. There were over $1400 worth of non-agreed upon late fees added. With the math, tell me how he isn't seeking judgement for them? I'm just baffled how this managed to get this far. And I understand without the documents and transcript and everything it's hard to form opinions, but it shouldn't have to go any further than what the contract States and what his own ledger says.

 

[adjusterjack]

I'm just baffled how this managed to get this far.

I'll tell you how. Your father-in-law presented "evidence" that convinced the judge.

You and your husband had no "evidence" with which to refute his father's "evidence."

All you can hope for is to be able to convince the appeals judge that the trial judge made an error in interpreting the evidence.

 

[latigo]

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

Husband and his father entered into a signed agreement regarding $12600 for the purchase of a vehicle. The agreement was set for this specific amount without any agreements regarding late fees or any extra additions to this balance. His father added $3109 worth of extra items, including late fees, rent, etc. The vehicle was returned over a year ago and his father had verbally agreed that returning the vehicle completed the contract. However, his father has taken the contract to court for the claimed remaining balance, and somehow won. How is that possible if the amount he was seeking judgement for included all the items that were added to the balance without an agreement from both parties?
To help illustrate:
$12600 original balance
-$9075 payments made
=$3525 remaining balance
-$2900 sale price of returned vehicle that was "forgiven" on remaining balance
=$675 remaining balance after forgiven sale price (if agreement of completed contract hadn't been made)
However his father won judgement of $3600.
How does that work?

Also, while we await a date for the appeal hearing, we are looking into suing him based on the value of the vehicle when it was returned rather than the sale price. He sold the vehicle for $2900 where it was valued at $5880 the day it was returned to him.
$3525 remaining balance of original contract
-$5880 amount forgiven for value of vehicle returned (instead of $2900 sale price)
=$2355 overpayment (due back to my husband)

Is this something we could have a chance winning?

Sorry, but you can stop "looking into suing him over the value of the vehicle". It is too late!

Any legal significance as to a disparity in the market value of the vehicle and the figure the plaintiff claims he received in the sale of it were central to a portion of the plaintiff's claim for damages and should have been presented in defense of that claim.

The failure to assert it and introduce supporting evidence at the time is fatal. In other words, because your husband failed to interpose any evidence as to the value of the vehicle in rebuttal to the evidence and testimony of the plaintiff the issue is final and cannot be disturbed on an appeal or by filing a separate another lawsuit. In legal jargon it is "res adjudicata " the thing has been finally and forever decided.

As to the merits of an appeal that is impossible to predict.

However you need to understand that the appellate court is not going to retry the lawsuit or receive any additional evidence or testimony. Since there are no legal issues involved all the appellate court needs in or to affirm the lower court is to find competent evidence supporting the lower court's decision. And that means ANY competent evidence support the decision not the weight of evidence.