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I'm being sued, anyone recommend a good civil lawyer?

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Old 03-16-2008, 02:46 PM
  #21  
funkymonkey1111
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Originally Posted by shamrokDPR
Just my two cents, but take the money you received for the van and use it to get a good lawyer if you do get served... then simply counter sue for lawyer fees and loss of wages. You will come out on top, especially if you have the investigator on your side willing to step forward.
what wages did he lose in buying this car?
Old 03-16-2008, 09:10 PM
  #22  
wahooj
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I don't understand what the dealer would be suing you for - The costs to roll back 9 months of mileage on the car? Feel free to use that joke if you go to trial.
Old 03-17-2008, 08:27 AM
  #23  
Resolute
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Originally Posted by wahooj
I don't understand what the dealer would be suing you for - The costs to roll back 9 months of mileage on the car? Feel free to use that joke if you go to trial.
The van is worth less than what I paid for it after nine months of use, according to the dealer. So, the dealer did not want to give me a full refund. They did give me a full refund (minus $250 for a cracked windshield) so that I would close the investigation, because they faced heavy fines and a possible suspension of their dealer license if the investigation were allowed. Now that the investigation is closed, and I have my money back, and the dealer has the van, the dealer is suing me for the difference in what the van is worth when I turned it back in versus what I paid for it. It's a shallow case, and I don't think they would win in court. That doesn't matter to the dealer, he is figuring that I will settle. Hence, I need to discuss my options and ask some questions with a lawyer. I talked to the investigator again today, just to see if any lawyer I talk to can contact him. The investigator said he can't reveal details about the case unless subpoenaed, but he could tell the lawyer the facts are in my favor and share his personal opinions. He also reiterated that he would be surprised if the owner didn't sue me, since the three times he talked with the dealer the dealer flat said that he would get his money from me after the investigation was closed.

Will
Old 03-17-2008, 08:57 AM
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Hey Will, so i found a lawyer who can give you free advice. He is my dad . As for this whole mess, talked with pops on the matter, not even sure what grounds he has for a lawsuit. Need to get some details from you but i got the word out for civil laywers looking for good faith action. Should hear word in a day or two as to what we got. Give me a ring, PM me if you dont have my number and we can talk through what best steps are. Cheers dude!
Old 03-17-2008, 04:00 PM
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shamrokDPR
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Originally Posted by funkymonkey1111
what wages did he lose in buying this car?
Lost wages for when he has to go to court...you know I am pretty sure they set those dates during work hours.
Old 03-17-2008, 04:37 PM
  #26  
funkymonkey1111
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Originally Posted by shamrokDPR
Lost wages for when he has to go to court...you know I am pretty sure they set those dates during work hours.
those might be recoverable there in phoenix, but rest assured they're not in colorado.
Old 03-17-2008, 05:52 PM
  #27  
bamyi
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Will. I want to say thanks for standing up for justice. With a family, new borns and limited budget, I know it's hard but I'm glad you are not letting some ***** with more money control you.

Hats off to you man. I hope I catch him driving one day!
Old 03-17-2008, 07:50 PM
  #28  
Resolute
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Spivey, thanks again to you and your father!

This whole mess has left me in completely unfamiliar territory, trying to make heads and tails of the issue. Your dad answered all of my questions and really put the process into perspective. Knowing how the law works in cases such as this, where to go from here, what actions to take, and the various ways this could play out gives me the knowledge I needed to be prepared for whatever might come, and cannot say "thank you" enough for the counsel. It is a relief to make sense of all this.

Thanks to everyone with a recommendation for a good lawyer, and for the comments that gave me some specific areas of the law to research. Becckie and I have always said the best thing about owning the 350Z has been the people we've met as a result. Always a pleasure, always a kind word, always a good time, and once again we can say, always ready to help.

Spivey, I owe you one. If you need some shocks dyno'd or maybe want me to test your brakes on a friction dyno, anything like that, let me know, I'd be happy to help you out with what I can.

And, I would like to say that I strongly regret my decision to purchase a used minivan from Mission Autos in Colorado Springs, Colorado.

Will

Last edited by Resolute; 03-17-2008 at 08:45 PM.
Old 03-18-2008, 07:09 AM
  #29  
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Its always a pleasure Will, part of being in this community is helping out those that help us. You have helped us make sense of the oil issue and given us more info than we could ever imagine. Thank you to YOU for helping all of us, its the least i can do to return the favor!
Old 03-18-2008, 10:17 PM
  #30  
mrg1981
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Glad to hear that you have some clarity and direction in how to handle this issue. It is indeed a wonderful thing to be able to turn to the others on this forum for help when needed.

I hope all ends well in this matter. We have to stick together to stop scumbags like this.

Best of luck.
Old 03-21-2008, 08:01 PM
  #31  
track1z
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Default NOPE its called what???

Originally Posted by Resolute
It's a small outfit, but they have been in business for almost 20 years or so. No negative feedback with the BBB, no registered complaints.

The dealer knew the title was branded, and that it was for a false odometer. They never even denied it. When I finally tracked down the title history of the van, and saw that the dealer purchased the vehicle from auction knowing it was a branded title and did not have accurate odometer reading, the owner said it was a "clerical error" on the part of Colorado. They bought the van, then sent the Washington title to the Colorado DMV to have it changed into their name for ownership. The CO title that was issued back to them was clean and not correct. The owner says they didn't think twice about it and "accidentally" sold the van with the incorrect clean title. Now, it was a mistake on the DMV to issue a clean title in the dealer's name, and not carry over the fact that the actual mileage on the van is not known. However, my theory is that when the dealership received a clean title back, they figured to sell it as a clean vehicle and figured no one would be the wiser. Huge profit for them, since the van is only worth a 1/3 of the NADA amount, and that's all they paid for it at auction. That explains why they "forgot" to include the federally mandated odometer disclosure statement with the sale, so as to avoid outright fraud by certifying the mileage was accurate. By not giving me the disclosure statement, they saved themselves a huge legal mess should the truth about the title history ever come to light. What they didn't expect was to have the manufacturer void the warranty for a vehicle with inaccurate mileage on the odometer. This is what brought the whole thing to light. Either way, whether they just "forgot" or not, the dealership is liable for selling me a van with inaccurate mileage that they knew about. The dealer never denied the wrongdoing. What the owner is pissed about is the fact that I had the van for 9 months and 6k miles, and he doesn't think he should give me a full refund. I disagree, and the Auto Dealer Licensing Board says the law is on my side. Dealer's mistake is the dealer's loss in this case. So, the dealership owner is suing me for what he thinks I should compensate him for, figuring I'll just settle rather than go to court. This way he avoids the criminal investigation from the licensing board, by settling the complaint with a full refund, and then gets his compensation in a civil suite outside of the licensing board's authority.

Carfax is caught up now, and has the information associated with the VIN.

Will
Its called washing the title.A vehicale is bought in one state in which the title has something negitive.Then its process threw another state that doesn't know anything about it. Its normally brought to the DMV with just a bill of sale.ALL you need is a VIN and a BILL of sale and the vehicale has a NEW clean title.
Old 03-21-2008, 08:02 PM
  #32  
track1z
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Has he turned in the claim to sue you or only threats?
Old 03-21-2008, 08:10 PM
  #33  
Resolute
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It's been taken care of.

Will
Old 03-29-2008, 11:11 AM
  #34  
azkt84
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cant you get like 5 grand from car fax? isnt that thier policy if thier car fax comes up wrong or something?
Old 03-29-2008, 11:21 AM
  #35  
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Have to buy the carfax ahead of time, once purchased then have to register for that gurantee, otherwise its void.
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