Taken to court over title I need help!

[slone22]

We live in the state of Colorado and I sold a truck to some friends that I had bought from a dealership. Well, I had paid the truck off and the dealership never sent me the title. I called the DMV and they told me the lein was still on the truck and that I should call the dealership. Well, when I contacted this dealership the lady told me that the gentleman who owned it before sold them the building and that he did some bad dealings and skiped the state. So what I had to do is get a hold of a lady with the government and she said I have to fill out a complaint form and that they will investigate but that it would take some time. I told the man that we sold the truck to that it would take me some time to get the title. He was mad and told me that he wanted the money now and if we do not give him the money that he would take us to court. I agreed to pay him back but he has already sold the truck to someone eles. The truck is not even in his possession and he has not attempted to pay the other person back and we cannot have the truck until he does so. What can I do and will it be thrown out of court because he does not even have the truck any more. He also said that he is going to garnish my husbands wages and that the judge will let him do it. Do we even have any argument?

 

[ninalou]

I'm a little confused. If I understand correctly, you need to do one of two things: give the man the title to the truck OR he returns the truck to you and you give him his money back. If he has since sold the truck, it is unreasonable for him to expect you to give him back the money he used to buy it. You do owe him the title that he can pass on the next owner person.

 

[slone22]

Need help

OK well I told him it is going to take some time and he said that he will not wait and he is demanding the money in two days or he will take me to court. I am so sick of the obsene phone calls I just cannot reason with him. He is selling the truck to another guy who is making payments. He now says he does not want the title only his money. I do not want to pay him if I am not going to get the truck back. There is a law in the state of Colorado it is called flipping the title and we both broke that law becuase neither of us had possession of the title when we sold the truck. I wonder if my case will get thrown out of court or what the judge will say.

 

[ninalou]

This is what I would do.
Prepare a very factual (not personal) letter to this man that you will send certified return receipt. (He needs to sign for it as well as you getting a receipt that it was delivered to him.)

Document a chronological listing of the facts:
1) Date XXXXXX You bought the truck from the dealership. You were not aware that the dealership did not have possession of the title.
2) Date: XXXXXX You sold him the truck.
3) Date: XXXXXX You contacted the DVM. The DVM informed you of the status of the title and to contact the dealership.
4) Date: XXXXXX You contacted the dealership and they informed you of the lein.
etc. . .

Then after you list all the facts from the day you bought the truck to present, state to him that you intend to provide him the title by a specific date. (You NEED to be working on getting this title asap.)

However, restate he has requested his money returned for the truck instead of the title. State that if he wants his money returned, then he MUST return the truck to you (in the same condition that it was sold to him.)

I would also cc the dealership on this letter, bc they had a responsibility to inform you of any leins on your vehicle prior to your buying it. When you paid it off, you were entitled to the title. Let the dealership help you get the title.

This letter will serve as a "cya" in court. If you show the judge you are willing to provide the title to him (and) are doing everything to get it to him. It will also show that you did not intentionally break the law by selling a vehicle without the title. He however did.

Try to keep all personal feelings out of the letter as it will have more impact.
also - what exactly does the claim he filed state he is suing for? If he is suing for the title, this letter will show the judge you intend to provide him the title. If he is suing you for his money back, I would file a countersuit for return of the truck as well as for harassment (keep all copies of the obscene phone messages). This way, if he wins his case bc you should not have sold him a truck that you didn't have a title for, you should win your case in getting your truck back.

I'm not an attorney, but I have learned how small claims works the hard way. His claim against you is one thing that the judge will address. The judge won't address your claim unless you file a counter claim. (The judge will listen, but won't address it.)

Let me know what happens. Good Luck.

 

[R.Smith2]

until the original seller (person whom you bought the truck from) is found and investigated the case is still pending... therefore, you cannot be held liable! aside from that the person who bought the vehicle from you should know that without the title he/she cannot legally sell the truck!!! when the guy that sold you the truck is caught you can bring charges against him, requesting your money or the title to the truck.

 

[slone22]

I am going to prepair my argument and get some statements including one from the guy that he has already beeb taking payments from for the truck. I guess it could take us a year to get the title will that be OK with the judge?

 

[ninalou]

The dealer should be able to provide you the title. They had an obligation to you when they sold you the truck that you would receive the title when it was paid in full.

I do agree with RSMith that the truck should not have been sold (a second time) w/o a title. Dealerships can pull strings. Let them know that this is an urgent matter. Maybe your local tv news station would be interested in reporting a dealership that sells trucks w/ith liens attached but doesn't tell the prospective buyer!

(I had a local township issue resolved VERY quickly when it was suggested that a wrong doing was going to be made public!)