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  1. #4
    Join Date
    Oct 2014
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    Default Re: Filed Law Suit

    Quote Quoting DDSA
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    Filed a suit naming the buyer with the bill of sale and the actual titled owner. Applied for a default but both parties filed meaningless answer's.
    The rules don't require much for an answer. All the defendant is required to do is state whether he/she affirms or denies each fact stated in the plaintiff's complaint. The defendant does not have to lay out a detailed explanation of his/her defense in the answer. So most answers simply state "affirm", "deny", or "deny for lack of information" in response to each allegation in the complaint.

    Quote Quoting Harold99
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    So, the question: Is it proper or improper for my friends son to send a letter to the buyer requesting or proposing a settlement in an amount to cover the loss of his vehicle in order to settle without him having to go further through the court process.
    If the buyer is represented by an attorney then the proper thing to do is for the son's lawyer (if he has one, but it sounds like he doesn't) or the son send the settlement offer to the buyer's attorney. The buyer's attorney then must share the offer with his/her client for a decision on whether to take the offer or not. If the buyer is not represented by an attorney then the offer may go directly to the buyer.

    The son has to prove who it was that was driving the other car at the time of the accident. If the buyer succeeds in convincing the jury (or judge, if there is no jury) that the car was stolen before the accident then the son will lose because the jury/judge will believe the buyer didn't cause the accident.

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