My question involves small claims court in the state of: Wisconsin
My husband bought a car with the intention of driving it to work but my mother gave us her old car so we sold the vehicle we purchased to a man from another county. The buyer took the car for two test drives (one with my husband, on the highway and one without him around town) and offered us $2900 for the car and asked for a Bill of Sale. I printed off two copies of the Bill of Sale that listed the car in "as is" condition (in addition to WI's law that states all private party auto sales are "as is" unless otherwise stated) with contact information for both parties. Both my husband and the buyer signed and the buyer drove the car off. A few hours later we recieved an angry voicemail from the buyer's wife telling us the car had broke down 15 miles after they bought it. I told them that we were very sorry and obviously couldn't predict that there was something wrong with the car since we hadn't even driven it.
The buyer called us at least twice a day asking that we pay for half the repairs, but I told him that WI is an "as is" buyer beware state and further, that he insisted on a Bill of Sale listing the car in "as is" condition. He attempted to convince me that there is a 3 day rule in WI for private party auto sales and threatened to take us to court over the matter and hung up. He called again a few days later and threatned me after I refused to split repairs with him and I had to call the police to tell him to cease contact. A few weeks later we were served with a complaint that was filed in his county. The car was sold, BOS signed and car I guess broke down all in our county so I filed a Motion for Change of Venue and my husband drove the 2 hour drive to his county for the motion hearing and the judge granted the change.
Once our court recieves the $50.00 transfer fee, we plan to file an answer here and a counterclaim. The judge in the wrong county suggested we counterclaim for the transfer fee, but I wanted to see if we can counter for any other items like lost wages, mileage or gas.
Thanks in advance for your advice!