Sued for Repairs Done to Used Car After Sale

[armana87]

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

Hi, i really need help regarding this matter as i am a full time student who is stuck in possibly the worst case ever.I sold a car to someone and the total price was $3500. I was sued for $3400 in repairs, buyer keeps the car. Basically based on receipts provided by plaintiff(no name on receipts linked to plaintiff). The buyer made "repairs" exactly the next day after purchasing the vehicle. I find this hard to believe because my car was in perfect condition and did not need any repairs. He could have called me and i would have gave his money back. Two months later after purchasing it, plaintiff sues me...wins the case(i dont get how that it is ethical) and then is allowed to keep the car. Now, i had someone serve me who is related to plaintiff again by coming into my backyard(is this legal?). They now served me with order to appear for examination. What can i do at this point? I believe if i dont show up, i will have a warrant. I dont have any assets but my own car which i use for school.

Can i counter-sue for my car back? How does this work?

Do i have to show up for examination?

Can i agree to payment plan at time of examination or before through mail?

I am really lost with this issue as i am a young student who sold their car to buy a motorcycle for school but got into this mess. The plantiff is an ex-police officer that is making stories up to take my away from me, i cant believe the plaintiff will win in this case. Please someone help me, i have to go for examination in two weeks. Last but not least, worst case..can i agree to payments now? I dont want them to put a lien on my vehicle or bank account.

[aaron]

Two months later after purchasing it, plaintiff sues me...wins the case(i dont get how that it is ethical) and then is allowed to keep the car.

So you went to court, he proved to the satisfaction of the judge that you either lied about the condition of the car or sold it subject to a warranty, and proved to the satisfaction of the judge that it cost $3,400 to repair the car to the condition you represented it to be in at the time of the sale? How did that happen?

If he proved damages of $3,400, the cost of repair, he gets to keep the car because he didn't seek rescission - he only sought compensation for his damages.

Now, i had someone serve me who is related to plaintiff again by coming into my backyard(is this legal?).

Process servers have to serve you.

They now served me with order to appear for examination. What can i do at this point?

You can pay your judgment? Apparently you have chosen not to appeal the verdict?

I believe if i dont show up, i will have a warrant.

Right. That's why they had a process server hand you a subpoena.

I dont have any assets but my own car which i use for school.

And you can document that to the court.

Can i counter-sue for my car back? How does this work?

Had you wanted to countersue, the time to do that would have been before you lost the original lawsuit. Whether you can still appeal and get a trial de novo, and potentially bring a counter-claim for rescission at that time, is not something we can answer, as you have not shared any relevant information about dates. Read this.

Note that a counter-claim for rescission might not improve your position, as if he actually spent $3,400 to fix the car he would be able to claim both the purchase price and that amount as the compensation necessary to restore him to his original position.

Do i have to show up for examination?

You already know the answer to that.

Can i agree to payment plan at time of examination or before through mail?

If you want, you can propose a payment plan. He has the right to reject your proposals.

i cant believe the plaintiff will win in this case.

You told us that he already won.

Last but not least, worst case..can i agree to payments now?

Same answer as before.

I dont want them to put a lien on my vehicle or bank account.

I don't know the value of your present vehicle so I cannot comment on exemptions. Yes, it's possible that they would attempt to garnish your bank account.