A quick OT being sued for selling a truck?!? advice

[scrappy2.0]

I sold a 1991 Toyota Landcruiser last year in really nice shape with 88k original miles on ebay that sold for 7300 the nada high side value is 13k= I had it serviced at Toyota before selling. I gave the guy every opportunity to come up and take it or look at it before purchasing but he did not take me up on the offer. As a favor I let it sit in my driveway for well over a month--it was buried by that massive snowstorm blizard and he knows it. Finally a trucking company came around 6 week later after the purchase and took it. He did call me up and made some complaints about 3-4 weeks after taking possession--to which I said I dont agree. 8 months later I get a civil suit Im not exactly sure for how much??? it doesnt really explain it well its from North Carolina and I cannot go there---what exactly can I do to answer the claim the correct way? Id rather not get a lawyer and spend -3k on a car I felt sold to low to start with wish I just sold it private and close to my home!!

 

[Hoophound]

I sold a 1991 Toyota Landcruiser last year in really nice shape with 88k original miles on ebay that sold for 7300 the nada high side value is 13k= I had it serviced at Toyota before selling. I gave the guy every opportunity to come up and take it or look at it before purchasing but he did not take me up on the offer. As a favor I let it sit in my driveway for well over a month--it was buried by that massive snowstorm blizard and he knows it. Finally a trucking company came around 6 week later after the purchase and took it. He did call me up and made some complaints about 3-4 weeks after taking possession--to which I said I dont agree. 8 months later I get a civil suit Im not exactly sure for how much??? it doesnt really explain it well its from North Carolina and I cannot go there---what exactly can I do to answer the claim the correct way? Id rather not get a lawyer and spend -3k on a car I felt sold to low to start with wish I just sold it private and close to my home!!

What is the complaint? I once had somebody out of state try to shake me down over something frivolous but when I responded to the court that I would be there for the hearing, the plaintiff cancelled it. She knew she would lose and was surprised that I was willing to buy a plane ticket.

I'm not sure, but this person may be pulling the same thing.

 

[WestHartHusk]

I sold a 1991 Toyota Landcruiser last year in really nice shape with 88k original miles on ebay that sold for 7300 the nada high side value is 13k= I had it serviced at Toyota before selling. I gave the guy every opportunity to come up and take it or look at it before purchasing but he did not take me up on the offer. As a favor I let it sit in my driveway for well over a month--it was buried by that massive snowstorm blizard and he knows it. Finally a trucking company came around 6 week later after the purchase and took it. He did call me up and made some complaints about 3-4 weeks after taking possession--to which I said I dont agree. 8 months later I get a civil suit Im not exactly sure for how much??? it doesnt really explain it well its from North Carolina and I cannot go there---what exactly can I do to answer the claim the correct way? Id rather not get a lawyer and spend -3k on a car I felt sold to low to start with wish I just sold it private and close to my home!!

Just one guys opinion here:

• You are going to need a lawyer (from NC). You may be able to make a special appearance to object to the courts jurisdiction, but if you knew this guy lived in North Carolina then you will have a difficult time making that claim. You will also want to investigate (with your lawyer) getting the hell out of NC courts into a federal court (unfortunately, it would still be in NC) if you can (not sure what grounds he is suing you on and what the value is).
• Your lawyer can try to get this thrown out of court for a number of reasons before having to defend on the merits.
• If the above fails, you are going to have to defend yourself in court (or settle).

But whatever you do...don't ignore it! You will lose your rights to appeal a decision made in your absence.

 

[HuskyFan16]

Agree with WestHartHusk. If your having a hard time understanding the charges, and the claim is out of state, the best thing you can do is hire an attorney from NC.

 

[temery]

Check ebay's policy. Unless you agreed to settling disputes in the buyers home state/local courts, I'd tell him to go himself.

If you want to play it safe, see a local attorney (local to you). S/he will likely suggest a letter to the court it was filed in suggesting they do not have personal jurisdiction. The buyer needs to file in YOUR local court.


I've been in your situation five times. Don't go to NC.

EDIT: did the buyer follow these eBay dispute procedures?


Also ... Check this out. It seems to be similar to your situation:

http://www.avvo.com/legal-guides/ugc/can-you-sue-someone-from-another-state-in-your-local-court-1

http://www.theiplawblog.com/archives/-webtech-you-cant-buy-personal-jurisdiction-on-ebay.html

http://www.lang-baker.com/articles/online-purchase.htm

My bottom line: I'd spend a couple hundred dollars to get a lawyer to write a letter to the NC court saying they don't have personal jurisdiction. if the worst case happened, and the NC courts disagreed, they'd have to file in your local court to get you to pay.

I sold a 1991 Toyota Landcruiser last year in really nice shape with 88k original miles on ebay that sold for 7300 the nada high side value is 13k= I had it serviced at Toyota before selling. I gave the guy every opportunity to come up and take it or look at it before purchasing but he did not take me up on the offer. As a favor I let it sit in my driveway for well over a month--it was buried by that massive snowstorm blizard and he knows it. Finally a trucking company came around 6 week later after the purchase and took it. He did call me up and made some complaints about 3-4 weeks after taking possession--to which I said I dont agree. 8 months later I get a civil suit Im not exactly sure for how much??? it doesnt really explain it well its from North Carolina and I cannot go there---what exactly can I do to answer the claim the correct way? Id rather not get a lawyer and spend -3k on a car I felt sold to low to start with wish I just sold it private and close to my home!!

 

[Ts5034]

Jay Bilas is a lawyer in North Carolina...just sayin

 

[BLUEDOGHOUSE]

Just one guys opinion here:

• 
  [ ]You are going to need a lawyer (from NC). You may be able to make a special appearance to object to the courts jurisdiction, but if you knew this guy lived in North Carolina then you will have a difficult time making that claim. You will also want to investigate (with your lawyer) getting the hell out of NC courts into a federal court (unfortunately, it would still be in NC) if you can (not sure what grounds he is suing you on and what the value is).
  [ ]Your lawyer can try to get this thrown out of court for a number of reasons before having to defend on the merits.
  [ ]If the above fails, you are going to have to defend yourself in court (or settle).

But whatever you do...don't ignore it! You will lose your rights to appeal a decision made in your absence.

A good lawyer can work around the minimum contacts (International Shoe) issues in this case with relative ease based on the few facts presented. The guy is forum shopping per the usual.

Maybe you can offer to take a look at the complaint for the guy WHH (you prob could help)? Based on the posters info the pleading itself appears to be created by Cousin Vinny (Joe Pesci) . You may have 90 days to respond/answer from date of service depending on service waiver issues amongst other things ect ect...but usually 1 phone call from a smart dude is all it takes to send someone packing.

Find a cool guy who practices in the civil realm of the law and ask for some help. That might be WHH who seems like a great guy! Go Huskies!!!

 

[BLUEDOGHOUSE]

Jay Bilas is a lawyer in North Carolina...just sayin

and not a very good 1. Now the judge/attorney who worked the O. Sanchez (St. John's case) who is from N. Car. is an outright PTP'er.

 

[scrappy2.0]

Check ebay's policy. Unless you agreed to settling disputes in the buyers home state/local courts, I'd tell him to go himself.

If you want to play it safe, see a local attorney (local to you). S/he will likely suggest a letter to the court it was filed in suggesting they do not have personal jurisdiction. The buyer needs to file in YOUR local court.


I've been in your situation five times. Don't go to NC.

EDIT: did the buyer follow these eBay dispute procedures?


Also ... Check this out. It seems to be similar to your situation:

http://www.avvo.com/legal-guides/ugc/can-you-sue-someone-from-another-state-in-your-local-court-1

http://www.theiplawblog.com/archives/-webtech-you-cant-buy-personal-jurisdiction-on-ebay.html

http://www.lang-baker.com/articles/online-purchase.htm

My bottom line: I'd spend a couple hundred dollars to get a lawyer to write a letter to the NC court saying they don't have personal jurisdiction. if the worst case happened, and the NC courts disagreed, they'd have to file in your local court to get you to pay.

Hey thanks Tom and everyone else for taking the time to answer. I think that would be my best bet to start respond with an answer that the case be dismissed based on the grounds NC does not have "personal jurisdiction" on (me) as I do not have “sufficient contact” with North Carolina. And lastly the plaintiif has every opportunity to resolve the issue by A. following eBay guidelines and procedures for a dispute and B. Not following through with an offer from the seller to inspect vehicle in person prior to purchase. Said vehicle was left at my premise 6 weeks following auction as seller did not follow through with ebay guidelines in terms of finishing the transaction(He did not pick up the vehicle within two weeks rather 6 week s later!) and it did sit through a massive snowstorm of which I told the buyer(blizzard NE 2012) Now I just need to pt this together coherently and make sure I send it to the right place. Should I answer that long or just stick to the case study from AZ i.e"personal jurisdiction" and send the corresponding case.

 

[Fishy]

So we're just going to pretend that hiring a hitman isn't even an option?

 

[temery]

There is no way I'd spend the money to go to NC, and get a NC lawyer. Personally, I would pay a couple hundred dollars to consult a local attorney. My guess is most will tell you an unfavorable ruling in NC isn't worth . They'd order you to pay, you'd refuse, then they'd have to file in your local court, at which time you'd claim they never had jurisdiction.

Hey thanks Tom. I think that would be my best bet to start respond with an answer that the case be dismissed based on the grounds NC does not have "personal jurisdiction" on (me) as I do not have “sufficient contact” with North Carolina. And lastly the plaintiif has every opportunity to resolve the issue by A. following eBay guidelines and procedures for a dispute and B. Not following through with an offer from the seller to inspect vehicle in person prior to purchase. Said vehicle was left at my premise 6 weeks following auction as seller did not follow through with ebay guidelines in terms of finishing the transaction(He did not pick up the vehicle within two weeks rather 6 week s later!) and it did sit through a massive snowstorm of which I told the buyer(blizzard NE 2012) Now I just need to pt this together coherently and make sure I send it to the right place. Should I answer that long or just stick to the case study from AZ i.e"personal jurisdiction" and send the corresponding case.

 

[sledog]

Assuming you made no outlandish claims / warranty, I would think that a 20+ year truck would be clearly sold "AS IS" = no warranty at all. What's he bent about? Sounds like a hustler.

 

[imno1]

Assuming you made no outlandish claims / warranty, I would think that a 20+ year truck would be clearly sold "AS IS" = no warranty at all. What's he bent about? Sounds like a hustler.

Yes typical of what you deal with on ebay

 

[Walker11]

So we're just going to pretend that hiring a hitman isn't even an option?

Gotta watch out for those undercover hitmen but I think its still worth the risk.

 

[BLUEDOGHOUSE]

Assuming you made no outlandish claims / warranty, I would think that a 20+ year truck would be clearly sold "AS IS" = no warranty at all. What's he bent about? Sounds like a hustler.

Implied warranty of merchantability sometimes pierces that theory depending on the creativity and intelligence of counsel.

Just saying my UConn brother. There are sharks everywhere following the blood trail ready to take your head off.

What do I know??? haha

 

[UconnDon]

I sold a 1991 Toyota Landcruiser last year in really nice shape with 88k original miles on ebay that sold for 7300 the nada high side value is 13k= I had it serviced at Toyota before selling. I gave the guy every opportunity to come up and take it or look at it before purchasing but he did not take me up on the offer. As a favor I let it sit in my driveway for well over a month--it was buried by that massive snowstorm blizard and he knows it. Finally a trucking company came around 6 week later after the purchase and took it. He did call me up and made some complaints about 3-4 weeks after taking possession--to which I said I dont agree. 8 months later I get a civil suit Im not exactly sure for how much??? it doesnt really explain it well its from North Carolina and I cannot go there---what exactly can I do to answer the claim the correct way? Id rather not get a lawyer and spend -3k on a car I felt sold to low to start with wish I just sold it private and close to my home!!

Scrappy,

The NC court does not have any personal jurisdiction on you, and any default judgment awarded to NC plaintiff by NC court will not be honored or collectible in CT. Ignore the entire process.

 

[John]

I sold a 1991 Toyota Landcruiser last year in really nice shape with 88k original miles on ebay that sold for 7300 the nada high side value is 13k= I had it serviced at Toyota before selling. I gave the guy every opportunity to come up and take it or look at it before purchasing but he did not take me up on the offer. As a favor I let it sit in my driveway for well over a month--it was buried by that massive snowstorm blizard and he knows it. Finally a trucking company came around 6 week later after the purchase and took it. He did call me up and made some complaints about 3-4 weeks after taking possession--to which I said I dont agree. 8 months later I get a civil suit Im not exactly sure for how much??? it doesnt really explain it well its from North Carolina and I cannot go there---what exactly can I do to answer the claim the correct way? Id rather not get a lawyer and spend -3k on a car I felt sold to low to start with wish I just sold it private and close to my home!!

My ruling: there's a lot of douches in North Carolina.

 

[jleves]

Hey thanks Tom and everyone else for taking the time to answer. I think that would be my best bet to start respond with an answer that the case be dismissed based on the grounds NC does not have "personal jurisdiction" on (me) as I do not have “sufficient contact” with North Carolina. And lastly the plaintiif has every opportunity to resolve the issue by A. following eBay guidelines and procedures for a dispute and B. Not following through with an offer from the seller to inspect vehicle in person prior to purchase. Said vehicle was left at my premise 6 weeks following auction as seller did not follow through with ebay guidelines in terms of finishing the transaction(He did not pick up the vehicle within two weeks rather 6 week s later!) and it did sit through a massive snowstorm of which I told the buyer(blizzard NE 2012) Now I just need to pt this together coherently and make sure I send it to the right place. Should I answer that long or just stick to the case study from AZ i.e"personal jurisdiction" and send the corresponding case.

You could also file a counter suit that he owes you money for you having stored his property for 6 weeks. $10 or $20/day doesn't sound unreasonable. You might also ask to inspect the vehicle for whatever he claims is wrong. I would bet he just turned it making some money further reducing any claim he has. If the vehicle isn't available for inspection, his claim has no merit.

 

[scrappy2.0]

You could also file a counter suit that he owes you money for you having stored his property for 6 weeks. $10 or $20/day doesn't sound unreasonable. You might also ask to inspect the vehicle for whatever he claims is wrong. I would bet he just turned it making some money further reducing any claim he has. If the vehicle isn't available for inspection, his claim has no merit.

Lol--He did steal my driveway for a month longer than he should. I even tried to appease/work with him after the fact even though I felt he was way off --Ive never had one problem with eBay other than false bidders. I think I will properly respond with the personal jurisdiction and ask the court to dismiss. I gave him permission to keep it here Ill let him be the jerk--Im not going to go there although it would be funny to see his face with a counter claim.

 

[Dmike]

The guy's a clearly a Duke fan. Rather than retaining an attorney, you to hire Rod Sellers. I'm sure he'd come out of retirement to slam his Blue Devil @ss to the floor and introduces him to the rubber side of his size 15 nike like he did that pansy, whiner, Laetner.

But in all seriousness, you need to go stand in the quad at UConn law school, look pathetic and grab a pay a third year to engage in the unauthorized practice of law by analyzing all of the documents and electronic communications between you and the Cameron crazy to determine if the minimum contacts exist between you and North Carolina to place you under NC's jurisdiction, which I doubt there are. Better yet, get an opinion from Professor Tait, the CT civil procedure guru, if he's still around.

If you don't go down to NC, the blue devil will get a default judgment against you and you'll give up the right to fight the case on the merits, which it sounds like you'd likely win. He'll have to take the default judgment to a CT court and you can challenge jurisdiction at that time, which while I think you have a good chance of success, nothing is guaranteed when you step into a courtroom, similar to what can go wrong on a basketball court. If the CT court determines that NC court had jurisdiction you'd have given up the right to fight the case on the merits.

Seriously though, just go Rod Sellers on him and be done with it.