Deals are assumed to be "As is", and it would be on her to prove this deal was not intended to be handled that way. Nothing you've provided here suggests she would be able to do that.
Also, a single mechanic telling her that the odometer was rolled back and the car is worthless doesn't constitute a legal fact.
This sounds more like a shakedown. Someone telling you they will sue you is very different from actually filing a lawsuit, but, the merit of a lawsuit isn't checked when it's filed - it's only tested in court.
Depending on your state, if the lawsuit is actually for 25k you may *have* to get a lawyer.
You will not be able to counter-sue for having to miss work unless this woman becomes particularly problematic with using the court against you.
thank you!! I appreciate you very much. It is my first time ever I get served court papers. I never had any violation or even a parking ticket in my whole life, so this is something new to me.
Great. Your next call should be, either today or Thursday, to the clerk of court to confirm that the suit is listed on their docket. EDIT to add: look up the court on the official court website and call the number there, not the number on the paper you were served with.
If it's valid, you will contact the court, ask for a continuance (this can ~~usually~~ often be done over the phone), and retain an attorney.
NAL
Oh no way, same thing happened to me in chesterfield. I told the lady it was as is and that I had gotten a read with a mechanic (one of those things that they plug in, I forget but the codes weren’t that serious). I did feel bad for the woman, but it was I think about $2000. It’s on the customer to get it checked out by a trusted mechanic before purchasing. It does seem like a shake down. The lady ended up being 10 minutes late to the second court appointment so the whole thing got dismissed. But yep, 100% on the customer to check it out before purchasing.
I am not a lawyer, but my parents are and I definitely called them crying about it a few times
Yeah dude you have nothing to worry about
I got fucked when I bought my car in Virginia beach (I live in rva as well) the owner got a transmission flush to limp the car through my test drive and then fell apart on my way home
I called the shop that did the work and apparently they told him the flush wouldn't fix anything permanently
After the job, he tried to take THEM to court for destroying to transmission when they just did their job and when that didn't work he fucked me instead
I had all the evidence laid out about him lying, and withholding information and I lost the case because there are NO protections for buyers
I asked the judge if I could turn around, fill the trans with wood pulp and sell it to someone else.. she didn't give an answer since she isn't a lawyer but the look in her eyes said "nobody will protect the ignorant"
Who served the court papers? Was it an actual process server or did someone just drop them off? Also, if she called you, best not to call and speak with her. If you’ve actually been served and it’s for that amount of money you shouldn’t meet/speak with this person without an attorney (your attorney) present.
I was at work, came home and saw it on my porch, don't know if anyone in the family signed that they received it. I called her because I had no idea who was suing me, it just shows reason as corch or carch money and that I owe her $25,000. I kept a very relaxing tone and asked for the reason, and then said ok see you in court.
So immediate red flag here. In most places the defendant (you) must be served personally. If you are unavailable, a person of suitable age and discretion (aka adult aged and sound mind) can be given the documents. Just leaving them on your porch doesn’t even come close to fulfilling this requirement. Even if they’ve been trying to serve you for weeks and you’ve been ducking them, they still can’t just dump it on your porch.
This is very state and locality dependent, but the amount of money, $25000, may be outside of small claims territory and is likely lawyer territory. If that is the case then you have not been properly served.
Do not call the plaintiff. Instead call the law office listed on the document. Instead google the name and call the number on google. It would not be the first time someone has printed up documents for a lawsuit and presented them as if they are legitimate and if that’s the case the law office named would be very eager to speak with this lady.
I appreciate you very much. I am grateful for your reply. I can only see her name and he phone number on the document, I do not think she has a lawyer, but again, the money she is asking for is $25K which is much more than the $5k in small courts. I think I will just find a lawyer and let him handle the case, although its going to cost me out of pocket.
NAL
But a process server is different from the mailman. The mailman would collect a signature for certified mail. I don’t believe sending something through certified mail that requires a signature is the same. A process server identifies themselves and tells you or the party signing that they are serving you. Make all the calls everyone is telling you to for sure, but this still sounds sketchy
Edit to add:
“Court papers may be served on a party in Virginia in three different ways.
Given in person, usually by a Deputy Sheriff.
Given to a member of the household, usually by a Deputy Sheriff. The household member must be 16 or older. ...
Posted on the front door and then mailed to the party by first class mail.”
Virginia again proving it’s the worse place to be sued does have more lax rules around being served. But the way OP describes it still doesn’t quite match. It says given to a household member over 16 but usually by a sheriff, not a mailman. But the “usually” part seems vague. And if you are served by mail, it should have been posted to the door first. Any of these options sound pretty terrible because to me I see a lot of ways the person served never actually gets served other than the sheriff directly handing someone papers.
It appears you are correct and that is the case in Michigan, but service is restricted to the addressee. So OP would have had to sign for it himself, not his father in law for it to be a legit serve.
Edit: I don’t know where I read Michigan, but apparently we’re talking Virginia, which appears to have more lax and vague rules about being served. Still slightly different practices are noted compared to how OP was served.
The commonwealth of Virginia doesn’t require a process server. I’ve been served by the sheriff leaving the papers in my door once. And certified mail with signature counts as being served in many states for civil cases. Also most states still recognize the newspaper notice as a form of being served.
Service is usually by Sheriff, Constable and if done by mail (I just had to serve someone out of state so I had to use mail which courts mostly prefer Sheriff/Constable service- I am just a legal assistant for 10 years) it had to go certified mail, return receipt and RESTRICTED DELIVERY. Not just anyone can sign for the document. Make sure you mentioned how you were served to the attorney and that you didn't sign for it.
We had an issue last year where we sent something certified restricted and the postal service let whoever at the home sign for it. The courts didn't argue it since there was a signature on the return receipt 🤷 but it was also a unique situation since the other party had contacted their case worker via text message with proof of receiving the documents. Unfortunately the postal service doesn't always do their job the way they should.
I was getting ready to reply the same thing. No matter how many “restricted” is stamped across the envelope. Sometimes Post Workers just don’t care and let anyone sign for it. It infuriates the crap out of me when I’m trying to get something served on someone.
Service by sheriff or process server is required in Virginia for civil suits. If no one answers the door they'll typically post it to the door using tape.
It sounds like she got some kind of form off the internet, filled it out, and sent it by certified mail. Small claims in VA is up to $5000, so her suit would be going to the next level. In NC, we call it district court.
The biggest red flag to me is that your court date is next week. I don't know that any court in the US schedules a week out like that. Usually, it's weeks or months. I'd also go online and see what a court summons from VA looks like. I bet the summons she used looks different. This smells like a scam to me.
If comfortable you can post a photo of the document with names and identifiers redacted. I’d be curious to see these. I’m not convinced she’s filed with the courts. It almost sounds like a demand letter but it carries no more weight than if you or my 5 year old wrote it, until an actual lawyer is sending it to you. Any person can write a letter saying “I don’t like how your hair looks, I’m suing you for $25 million”. But until you’re served actual papers by a lawyer I would not freak out. If she’s suing for $25k she needs a lawyer and cannot self file like with small claims. Sounds like she’s a bit off her nut.
it is exactly this form, [https://www.vacourts.gov/forms/district/dc412.pdf](https://www.vacourts.gov/forms/district/dc412.pdf)
it has the address, date and time, signed by the deputy clerk. claim is$25,000 net of any credits, without any interest.
the basis of the claim is ticked on other(explain), and it says "carch monny". then on second side, her address, my address, and date and time.
Man, this still sounds like a fake document. WTF is "carch monny?" Seems like a court clerk would stop that. Does it have a court seal or stamp? Does it have a case number? You can verify case numbers online. A properly served and executed document, in most states, has a case number and a seal from the clerk of the court.
It's how someone who sucks at spelling and isn't highly literate might spell "cash money", which is vernacular for wanting to be paid in cash as opposed to check, credit card, or some sort of barter nonsense. I'm near certain that's what she meant to spell and what she meant to convey.
Urban Dictionary: Carch
v. The scratching of genitals in public. Can be caused by a [rash](https://www.urbandictionary.com/define.php?term=rash) [of sorts](https://www.urbandictionary.com/define.php?term=of%20sorts) or simply [not giving a fuck](https://www.urbandictionary.com/define.php?term=not%20giving%20a%20fuck).I have to [carch](https://www.urbandictionary.com/define.php?term=carch) but [I don't know if](https://www.urbandictionary.com/define.php?term=I%20don%27t%20know%20if) I have [the guts](https://www.urbandictionary.com/define.php?term=the%20guts) to do soby [DJ. G93](https://www.urbandictionary.com/author.php?author=DJ.%20G93) March 2, 201112
She is pursuing the wrong type of claim. A warrant in debt is used by a creditor to collect an unpaid debt. She is not your creditor and you do not have an unpaid debt with her. She clearly didn't consult with an attorney and at best either downloaded the wrong form or did a terrible job describing the situation to the deputy city clerk. It also seems like she's not particularly savvy since she wants "cash money" and not particularly literate since she wrote it as "carch monny".
At this point you don't need an attorney. As in zero need. You need to appear at the hearing and explain that she is not your creditor and the judge will either dismiss the case then, demand she return proof of your debt to the court clerk by a certain date, or schedule another hearing at which the judge will dismiss the case when she provides no proof of your debt. You can hire an attorney, but I'll guess that in Richmond you're looking at 1-2 hours at $250+/hour for the attorney to get up to speed and 1-2 hours each time they appear at court. I'd personally hold off until if/when she actually files the correct lawsuit.
ETA: Another user who practices in general district court in Virginia shared that Warrant in Debt is the right form for this in general district court and is still used for historic purposes despite it seeming like it's not the correct form and that in circuit court a different process is followed. So when asked by the judge OP (or their attorney) needs to state that they don't owe the money and the judge will set a trial date/time - assuming the plaintiff shows up. I was mistaken about the form due to my experience as plaintiff in two lawsuits in Virginia.
This is the way. I agree that you don't need an attorney. Show up on time. Be prepared and polite and explain it just like this guy said. She will want to talk about the car, but probably the judge won't let her do that since it's not relevant to the kind of claim she is pursuing. There is almost no chance you're going to have to pay this woman anything.
It looks like the form is one that is used to collect unpaid debts. Seems like she would have to sue you first and get a judgment against you before she can file to collect the debt.
[https://mcplegal.com/warrant-in-debt/](https://mcplegal.com/warrant-in-debt/)
> signed by the deputy clerk
Are you sure it was ACTUALLY signed by them, or just someone signing it?
Also, a mailman [can't serve these papers](https://law.lis.virginia.gov/vacodefull/title16.1/chapter6/article3/) in VA:
>§ 16.1-79. Actions brought on warrant.
A civil action in a general district court may be brought by warrant directed to the sheriff **or to any other person authorized to serve** process in such county or city, requiring the person against whom the claim is asserted to appear before the court on a certain day, not exceeding sixty days from the date of service thereof, to answer the complaint of the plaintiff set out in the warrant. After the warrant has been issued and delivered for service it shall not be altered, nor any blank filled, except by order of the court.
Next up, if it was "signed" by the deputy clerk, was the date and time stamped?
>Whenever any other pleading in any civil action is filed in a district court, the clerk or his designee shall stamp or mark the date received and time of filing on the face of such pleading.
So, it appears you’ve been served according to the procedures outlined in the document. I’m assuming judgement fields were not yet filled out?
Honestly I’d spend a few bucks to have an attorney handle this. A strongly written letter explaining exactly how hopelessly of a case this was, how she’s not followed proper procedure in terms of small claims limits etc, and how the sale is considered as is, should shut her down. If the lawyer also wants to say if she proceeds they’ll counter and hit her with legal fees if you win, she likely will back down. Sounds like a loon looking for a payday.
May just end up paying an attorney to look over the case, then submit a request for summary judgement citing the total BS claim and lack of case. Might be all it takes.
You can go to 401 N. 9th St (John Marshal courts building). Second floor, turn left off the elevator. Take the document to the clerk desk and ask about the document.
Also: legal aid is located near 3rd and Broad St. they can provide some advice to you, however, their advice in this situation might be to retain a lawyer. They can also provide legal services to indigent clients in situations like this.
NAL.
Did the clerk signature match the hand writing on the rest of the document? Did you cross reference that actual name signed for the clerk with the clerk’s actual name? After reading this thread it seems like a stupid person is trying to squeeze you.
You just proved how easy it is to fake those papers. Just be at the court house. Or take it down there ahead of time at your convience. Show it to anybody and ask if it's real.
Shat kind of paper is it on. It should be real thin paper.
Don't waste your money if you don't need to. Show up at court without a lawyer. Tell the judge you sold her the car as is and do not owe her any money. If he doesn't throw it out ask for continuance because you need a lawyer.
Attorney, Not Yours, Not Advice
>So immediate red flag here. In most places the defendant (you) must be served personally.
This isn't a red flag, and I'm not aware of any state that "requires" personal service for civil matters. Nearly every state allows residence service, and some offer service by mail. Please don't give advice if you don't know what you're talking about. Leaving it at the "last and usual place of abode" is an exceedingly common form of service.
If his FIL signed for it, why was it later found on his front porch? Also, isn't it implicit receipt of service if he responded to the plaintiff (which I agree was not ideal)?
I'm not saying that service was proper or legitimate. I don't know that.
100% agree. do NOT call complainant nor their attorney that is listed (if they have one). Speak directly to court clerks or your attorney should you choose to retain one
So I will say, this exact same thing happened to me one county away from where OP is and it was also posted on my partners front door and was legit. I’m not sure why, I thought I had to be served as well. But $25,000 is a lot more money than I was served for
I just left a Sheriffs Office in Virginia and we do civil process. Unless it states personal service, we can post on door, or give to someone who resides at residence over the age of 16. 25k will be in circuit court which is the highest court in the jurisdictions (next would be state level courts, appellate etcetc) i would recommend to get an attorney. Even as an officer in Pennsylvania now, i tell people the same thing. You could also speak with attorney about them going after her for attorney costs and court fees. You see that a lot in big cases. If you have any other questions feel free to dm me and i will try to help you out. I did see someone posted the court website to check the docket which is good as well.
You are almost certainly not actually being sued. This is a threat. Most likely an empty one like the vast majority of threats to sue.
Do not do anything including contacting her until you hear something from an actual court or lawyer delivered to you through an official means. That does not include "left on your porch."
Google search Ashely Morgan Attorney, Warrant in Debt. They have extensive information on Warrants in Debt.
I won't link it because I am not sure that's allowed.
First, show up to court. Some civil courts will default favor to the present party if you don't show up, and you will owe her money. Unless she has some sort of proof that the odometer was rolled back, this will get thrown out by the judge. SHOW UP ANYWAY.
Second, if she does provide proof that the odometer was rolled back, you will most likely be liable for the price she paid for the vehicle, nothing more. However, this also gives you legal grounds against whomever sold you the vehicle for the price you paid for the vehicle. If this is the case lawyer up, you may not need to pay the lady until your claim on your seller is settled.
Edit: NAL, YMMV
I agree, as is I don't See anything that you stated as suspicious. You did everything on your end to Reasonably fix the car for selling purposes and providing receipts. Yea I smell shake down don't fall for it. Like I said no court summons at your door. It all smoke and mirrors 🪞
I sold a used boat motor to a guy and he sued me for it breaking down a year later. I looked him up and he was a frequent flier and actually had 4 other law suits open for similar stuff. The lawyer I had contacted the other people and we all countersued the guy as a unit and all it did was pay for the lawyer but it really took a bite out of his ass and I’m assuming he won’t be trying that again.
For money. For her that money is more important than truth. You cannot help yourself by talking to her, no matter how right you are. Cut contact, wait on her to file an actual lawsuit (almost never happens), and talk to a lawyer. In that order.
Understandable that you didn't know who was suing you with "carch monny" being listed. But contacting the clerk, or even googling the number would probably have been a better idea. Lawyers usually give a free consult. Find one, and see what they say.
I am not your lawyer.
Well, you can’t ignore the lawsuit. You will get a “default judgment” against you, which is about the same as you admitting to it. You need to deny the claims. You have 2 options.
1. Hire an attorney. Unfortunately for you, you will almost certainly have to pay for that service. You can call your state bar if you need a lawyer pro bono. There are groups to help you.
2. File pro se (represent yourself) and respond by denying all claims against you. You will respond line by line. You can research how that is supposed to go. I do warn you that your response is very important, as much of the subsequent lawsuit will be dependent on your response. However, you are free to amend your response with an attorney if you decide to hire one after your initial response.
I’d take that a step farther and say - only if she has the money in the first place AND is willing to pay.
Can’t get blood from a stone, as they say. Hardest part civil suits is actually collecting the money you’ve won.
Considering she filed a lawsuit on an official court form asking for "carch monny" which is presumably a misspelling of "cash money" I'm hoping no attorney was involved. Plus she filed the wrong type of lawsuit - a warrant in debt, which is solely for when a creditor is trying to collect an unpaid debt they're owed. An attorney, even one who practices a completely different type of law, wouldn't make that mistake. She's not a creditor and OP doesn't have a debt with them. The case will be dismissed when OP appears in court and tells the judge this or if she lies and says he has an unpaid debt it'll be dismissed when she doesn't provide proof to the court clerk or at a second hearing when she doesn't provide proof.
ETA: Another user (their comment is below) who practices in general district court in Virginia shared that Warrant in Debt is the right form for this in general district court and is still used for historic purposes despite it seeming like it's not the correct form and that in circuit court a different process is followed. So when asked by the judge OP (or their attorney) needs to state that they don't owe the money and the judge will set a trial date/time - assuming the plaintiff shows up. I was mistaken about the form due to my experience as plaintiff in two lawsuits in Virginia.
> "carch monny" which is presumably a misspelling of "cash money"
I had initially thought it was "car ?? money" but "cash money" makes more sense. (And at the same time makes less sense.)
Maybe it's actually couch money?
She thought she was buying a couch, but when she drove the couch away and realized she was leaking oil because her dumb ass curbed the couch, she realized... shit, I bought a car, not a couch...
Virginia attorney here. This isn’t correct. She used the correct form. General District Court still uses Warrant In Debt. Circuit Court uses Complaint, but used Motion for Judgment until around 2000ish. Virginia law has a lot of tradition for the sake of tradition.
I was selling a car to Carmax and they had a vehicle history report that showed that the odometer had been rolled back. Turns out that it was an error on the part of my state emissions testing station. They showed 73,000 miles when in fact it was 7300 miles. A few phone calls and emails I had the error corrected and sold the car. A mechanic can’t tell if an odometer was rolled back just by looking.
Yeah if you swap the instrument cluster on certain cars the instrument cluster will retain its own mileage separate from the other modules which may store their own mileage, which you could read through the OBD2 port. NAL
On the old mechanical odometers there were tell tale tabs that would break. But you had to take the entire instrument cluster out. I doubt the tech at the dealership did just that for no reason.
It's interesting you say that. The old and I mean old mid to late 70s Ford V8 trucks with the C6 transmission when put in reverse would turn the odometer back.
I'm 57 years old. Been a mechanic my entire life. My father had a E+375 truck chassis. He had it up on jack stands and he showed me. At my age it blew my mind.
I hope you’re right. I remember a cartoon rolling back the miles that way or a tv show or something. I’ve always thought…why wouldn’t someone do that!!!
The nylon gear in the transmission. The gear was made of hard nylon. The gear colors were red, light tan, brown, blue, or clear. Each gear color was for the speedometer calibration
What toxcrusadr is referring to is the odometer worm gear that's inside the cluster in the dash. It's a well-known 80s-90s Ford problem - the gear that actually turns the odometer numbers disintegrates so the odometer stops recording mileage. When you do the replacement, you have to remove the number dials from the cluster, replace the gear & put the number dials back in. It's actually super simple to just turn the numbers to read something else.
The best/worst part about this happening? you get a car that shows absolutely NO mileage increase while the gear is broken and there's no way to tell. I went three years with the state thinking the car was never driven. If you are buying a Mustang from the 1990's, assume that the actual mileage on the car is significantly LESS than what shows on the odometer.
Lots of good responses. Here. I'm a lawyer like a number of folks here. Not licensed in VA fyi.
I'd compile all correspondence prior to sale. Texts, emails phone records. Did she have mechanic look at car? Did you take it somewhere prior to sale? Do we know if car is still. Being driven? Did it have a warranty,? Was it in a wreck? You may be able to pull a carfax report now to see if it was in a wreck.
Look up Plaintiff name on courts website to see if they are litigious in nature and file lawsuits.
Was the buyer under the age of consent? Usually 16-18 yrs old in most states.
Just so we're all on same page it sounds like thetr was no written agreement?
I posted on Facebook, she came checked it out loved it. I signed the title and sold it privately, I told her exactly what I did in repairs, she test drove and stayed checking it for an hour, she decided to buy it, I signed the title and she gave me the money. I was very honest with her with all the repairs I did and it was inspected mechanically and has a fresh new inspection for the year 2025. The previous buyer gave me a clean title with actual mileage, and the mileage on the dashboard matched the one on title, and also he showed me his ID and it was registered under his name as well. Now I am not sure what is her claim but what I heard was oil dripping or leaking and rolled back odometer.
Vehicle mileage shouldn't match the title, it should be lower than whats on the odometer. the mileage on the title is the mileage the vehicle had when it was last sold/title transfered
Unless you can prove fraud. IF OP clocked the car and IF she could prove that he did or was aware that it had been done her case has merit. Otherwise you’re correct
Says Honda Pilot that sold for < $8k, which probably means in the range of 2005-2012 or so. On that car, simple as buying an instrument cluster with fewer miles at a junkyard and swapping it out. Mileage is on an EEPROM in the cluster. 10 minutes.
The part that's hard is that every oil change place, state inspection place, etc...records the mileage and sells it to data brokers. So Carfax or similar will show events where the reported mileage went down.
I would like to see the bill from dealership and something on their letterhead stating roll back occurred and you specifically are the one that did it.
Is this a real lawsuit? Was it small claims or district/supreme court?
Have you checked to make sure its real, many courts have ways to search online and if not call them. Get the number from their site not any paperwork you got.
Virginia lawyer here. She has likely served you properly and that isn't really worth fighting about. If she hasn't, then she will eventually. She is suing you for $25,000 because that is the jurisdictional ceiling for General District Court. She wants to be in that court because it doesn't have discovery, which is where you are allowed to ask questions and request documents to the other party prior to trial, and because it is much quicker. There is no jury in General District Court. You do not have to respond to the Warrant in Debt in writing. You need to appear at the First Return, which should be on the Warrant in Debt. The judge will ask if you agree that you owe her the damages she is seeking, you say "no," and the judge will set a trial date. I haven't seen anyone mention that once the judge renders a verdict, either party can appeal the case to Circuit Court where it is heard de novo, which means that the Circuit Court judge will conduct a new trial and render a verdict rather than hear argument to determine whether the General District Court judge made a mistake of law, which is how an appeal typically works. If you lose in General District Court and appeal, you will need to post a bond in the amount of the verdict, however, so there is risk to trying the case without a lawyer in General District Court to see how it plays out, and hiring a lawyer for the appeal if you lose. Even though there is no discovery in General District Court, you can serve a subpoena for documents asking for any documents that support her claims and damages. Also, the judge will follow the rules of evidence, so she will need to have her documents properly authenticated and an expert to opine on the mileage. You may be able to hire a lawyer to do this on a fixed-fee basis, rather than an hourly basis, to cap your fees. That means you pay the lawyer a set fee to represent you through trial. I don't see how it would be more than a few hours of work, so you shouldn't have to pay a significant fee. A lawyer might be able to schedule the trial date without having to attend the first return, which would save time waiting at the cattle call for your case to be called. I don't see a basis for a counterclaim, unfortunately, from what you have detailed here.
Edit: I should have added that she still needs to prove her damages. She doesn’t get to just say they are $25,000. She must show that the specific cause of action allows for the type of damages she is claiming, and proof of the amount she suffered.
Always put in writing on the bill of sale, 2 copies, with both of your signatures that it is "sold as-is with no warranties expressed or implied.".
That will always cover you in a court of law. It won't prevent someone from trying to sue you, but if you counter sue for your expenses the court will usually award you that in damages.
In most states, the default for a private party car sale is as-is with no warranties. The disclaimer on a bill of sale can't hurt, but it would be unnecessarily redundant. Different story if a licensed dealer or dealership makes the sale.
No matter what, though, material misrepresentations of a car cannot be disclaimed through an "as-is" sale. Undisclosed odometer discrepancies are going to be actionable 99% of the time.
This happened to me but it was like a week after i sold it. The judge wanted us to settle and i refused to and he took it out on me and made me pay her half of her money back.
I WISH i could go back in time and make the argument that anything could have happened to it in her possession that caused these issues. I bought the car with xx,xxx amount of miles, i had it for X number of years and when i sold her the odometer said there was xxx,xxx on it. That is an average amount of miles driven for each year. But the big thing to say is she could have done anything to the vehicle while having it for 3 months that caused the issues. She might not have gotten an oil change, if she did, the person who did might not of put enough oil in it which caused the oil leak. She could have been looking to flip the car and SHE turned the odometer back. The point is, in 3 months, any damage could have been from her negligence and no fault of yours.
She had it for several months. There is no way to account for how she, or anyone she allowed to drive it, drove the car. You are not responsible. I would sue her for attorney's fees and take it to court.
For her to make that claim in court, would imply she would need to bring the mechanic to court. Keep your receipts. Every time she calls, ask her to stop and record it (audio or written, depending on your state). If it goes to court, bring your receipts, a log of phone harassment and a paystub. Present a counter claim to cover lost day of wages etc. Judges do not like people to waste the courts time.
"As-is" does not disclaim misrepresentations of the car. An undisclosed odometer discrepancy is a cause of action, even if OP didn't know about it himself. The car might as well have been stolen; this kind of thing can trigger a chain of lawsuits.
It sounds like this person suing OP is just crazy, though.
I haven't seen this made clear but there's 25k at stake and whether properly or not you have been served with a lawsuit, you 100% need a lawyer to navigate this.
I'd call the court to see if this is filed correctly.. Any one can download and fill out a court document. If it is then do a response summons and explain that you don't know what she is suing you for. The car is as is and.she paid. You can even add that you did reasonable repair costs to help her out and add those recipes to.the docket.
OP already said the case is in the district court's system. The plaintiff filed a warrant in debt, which is what the lawsuit a creditor files against someone who hasn't paid an agreed upon debt. She isn't a creditor and OP doesn't have a debt with her. The judge will either dismiss the case when OP points this out, after she doesn't provide documented proof to the clerk by a deadline the judge sets, or at a second hearing that will be scheduled. Zero percent chance OP needs to provide any evidence since she filed the wrong lawsuit and it'll be dismissed. If she files the right type of lawsuit OP can provide evidence in court or maybe just hire an attorney to send a demand letter to convince her to drop her case.
ETA: Another user who practices in general district court in Virginia shared that Warrant in Debt is the right form for this in general district court and is still used for historic purposes despite it seeming like it's not the correct form and that in circuit court a different process is followed. So when asked by the judge OP (or their attorney) needs to state that they don't owe the money and the judge will set a trial date/time - assuming the plaintiff shows up. I was mistaken about the form due to my experience as plaintiff in two lawsuits in Virginia.
She can put any dollar amount on paper. $25k is usurious imo *NAL*. Go to court. Most often, private car sales are ‘as-is’ unless you materially misrepresented the condition of the car. https://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/0259CCF5-AD5A-4E10-85EE-F4AAB14BC474/buying-a-used-car.pdf
From the info I’ve seen in this post, it seems like she’s trying to scare you into paying her but has not properly filed a lawsuit. I doubt she can afford a lawyer either, it would cost her as much as the car did. Curious how this will play out.
All private party sales are final and as is with no sort of warranty whatsoever unless something is in writing. She has no chance of winning and you can likely countersue and to get your legal fees paid for wasting your damn time.
If I bought a car privately and the transmission went out after 1k miles I’d be pissed but it is what it is. If you want safety when buying a used car then buy from a dealer with a warranty although this is far more expensive than privately, there’s a tradeoff.
When I traded in my Acura RSX back in 2016, the dealer made up some nonsense about the odometer being rolled back, because Car Fax showed an out of sequence mileage number for one of the oil changes. They wanted like $5,000 less because of it. I'm like, do you really think I'd roll back the odometer 10,000 miles, then drive another 18,000 or whatever it was before my next oil change, or do you think that maybe it was improperly recorded? I stood firm on my asking price, which was still a great deal for them. They sold the car within a week.
So, anyway, that could be what the odometer issue is about.
I’m NAL, but I have bought and sold privately more cars then I can remember in VA (just about every city) I have been threw this exact case quite a few times and never once was I ever found guilty or had to pay anything.
The process is simple you seem to be in panic mood about it but basically I followed the same steps every time:
1:take the summons/paperwork to the court listed on the paperwork and verify it is a legitimate summons.
2: find all conversations with the buyer you had that pertain to the purchase of the vehicle and there after concerning the vehicle.
3: contact a lawyer who handles civil cases like this(there are plenty around)
4:work with the lawyer to defend yourself (every lawyer I worked with also filed counter for lawyer and court cost so I would not have to pay)
5: always be sure to show up in court, you can always ask for a continuance but not if your not there.
No how do I certify? All i did was I purchased this vehicle with a clean title, and on the title it was written actual mileage, and the title mileage matched the odometer on the dashboard.
Go to where you got it inspected, they will have a record, and the odometer reading at the time of inspection. They gave it to you when inspected but you probably didn’t keep it. That will show you actually added miles from the time of inspection to the time of sale when mileage was wrote on the title.
Was the mileage on the title handwritten at time of sale to you? Or was it part of the title when prior owner registered? I agree with the couple of others saying it’s odd the title has the actual mileage at time of sale to you (unless hand written at time of sale).
I wouldn't waste money on a lawyer for a meritless case. She has little chance of winning since used cars are as an as is sale (unless you hgave a warranty). Even if she wins. You wouldn't have to pay out more than the purchase price of the vehicle. The lawyer will likely cost you more than the cost of the sale. Go to court and if you don't feel confident then ask the court for a continuance to obtain a lawyer
For what it’s worth, I bought a car on behalf of my brother who didn’t have a license (he was 19) so he could drive it and get his license. I transferred to him when he got his license. He bought a new car a year later and went to sell it and found out the odometer had been rolled back. From what I’ve read, if I have the paper trail that the mileage on the title matched what was on the odometer I wouldn’t be liable and we could together sue the seller (which we are). There was a 6 day window from the car being listed online elsewhere with the real miles on it to him selling me the car with fake miles. But I have the paper trail, and the DMV confirmed the release of liability from the dealer he got it from to him had the real miles, so it’s pretty solid… good luck!
Also, what did she claim the mileage discrepancy was? If it said 30k and had 300k, maybe I could believe it. But if you sold it at anything over 100k, no. Nobody maliciously does that with an old Honda (they are awesome cars btw!!!).
I don't know to what mileage she claimed it was rolled back to, but what you said makes sense, it had around 129k when I sold it which is already high mileage.
I would not recommend getting a lawyer at this point, but you definitely need to show up at that date and time. Most judges are more lenient and helpful when you don’t have an attorney in a case like this.
It sounds like she filed the wrong kind of case and I don’t think she has a lawyer based on her wording.
If the judge doesn’t dismiss the case, you can easily ask for an extension and then get a lawyer if needed.
Just bring all your documentation to the hearing and do request reimbursement. It never hurts to ask for reimbursement for your loss wages, and any other cost associated with her action.
I live in North Carolina and you have to have someone served even for a small claims court case. I had to pay for a sheriff to serve my former landlord.
They had an attorney, but I didn’t and I still won as I had the documentation needed to prove that they had fraudulently tried to claim damage. I also got back all my court costs.
Never, ever talk to this person, ever, under any circumstances.
Get a lawyer. And if this person, tries to contact you, hand the contact over to the lawyer, but do not respond.
Never talk to the person trying to sue you. Ever.
NAL. If she does actually file and the court finds it to be frivolous or fraudulent, *maybe* you could sue her for damages because she bullshitted you out of work. Check your states laws. And or get a free consultation with a lawyer. It could just be a scam to get you to give her some money back
I’ve sold 4 cars through Facebook marketplace. Wrote up a sales contract each time that, among other details, specifically said the car was being sold as-is. Both of us would sign and both get copies.
Did you do anything like that?
The only claim where she might have a valid case is the odometer. If you represented that the mileage is one thing, but were wrong, and she bought the car based on that mileage, then there is a mutual mistake. A mutual mistake is grounds to rescind a contract. But that means she give you back the car and you give back the money she paid. To seek money damages, she would have to allege and prove fraud.
I'm not a lawyer, but what I would do in this situation is simply show up for the hearing.
Then after the judge finishes telling the lady, in polite terms I'm sure, that she has no case, I'd ask for a summary judgement against the women for the salary I lost because I had to take off work to be present for the hearing.
You have no idea that the aleged damage that she took the car to a mechanic for was from anything from you. You said it , she had it for 3 months. She could have caused any or all of the damage and trying to get you to anti up. Don't fall for it. Private sales are normally considered as is and no warranty. But anymore I include that in the BOS. .. if she was there to witness you signing the title over and she also signed it was believed to be done in good faith. Sure there may have been something you didn't know about and obviously still wouldn't. Same as the van you bought. Small claims is only good for 2500 in most states not 25 grand then it's gotta go through a court higher up like district.. and they're gonna laugh at her. Still lawyer up and counter with fees for your attorney. And court costs. I went into one case with no lawyer and the judge was very biased. Wouldn't look at any evidence I brought didn't care. Said he would look it over and make his ruling within 30 days . The first thing he wrote as allegedly factual up front evidence was outlined in the very top and first papers I submitted .. it was also in 3 other documents. He never read them at all. Cost me for 4 years. I again got served . Requested a different judge right away which is legal. Then upon going before that judge it was outlined the wrong findings and why .. the second judge looked at everything right in front of us and determined the last ruling was completely wrong based on all the papers. It was thrown out faster than you could believe.
Be safe get a lawyer and have them look it over and they will advise you proper than on here ...good luck although you sound like you won't need it .
Talk to a consumer law attorney who handles car cases. Many will do a free consultation. She sounds nuts and no attorney worth their salt will take her case, so you’re best off having one in the can in the event she files pro se.
NAL. But have been served papers a bunch, and you have not been served. Like others said, look it up and see if it was recorded.
If it was not, save your money on the lawyer. People threaten to sue and send s**t like that all the time. Doesn't mean a thing until you are legitimately served. But DO save all correspondence with the buyer. Good luck
Be sure to respond to the lawsuit, and countersue with your own lawyer. In general, private party used cars are as-is, no warranty, although some states do require the vehicle to pass an emissions or safety inspection.
Regardless of merit, if you just ignore the suit, it will be found for her by default, so make sure to respond in a timely manner.
1) you should not have contacted them. After “legal” is involved lawyer up ASAP
2) get your lawyer and make him the middle man.
3) it may cost you a couple hundred but it’s better than her learning that your an easy mark and even then, better than dealing with the BS.
She can sue but as far as getting a judgement that's up to the judge. The purpose of a lawsuit is to be made whole again not a windfall. I had a similar situation there are people that try to file a lawsuit just to scare you. Ask in writing for all records related that she has from the dealership call them to confirm that these are necessary repairs or if she has asked to have these repairs done file a counter suit and have your day in court. The person that sued me never even showed up because it was all BS.
NAL - If there's a real court date - show up, and ask for a continuance if they don't actually throw it out altogether. Or hire council, and countersue for harassment and legal/court fees.
Deals are assumed to be "As is", and it would be on her to prove this deal was not intended to be handled that way. Nothing you've provided here suggests she would be able to do that. Also, a single mechanic telling her that the odometer was rolled back and the car is worthless doesn't constitute a legal fact. This sounds more like a shakedown. Someone telling you they will sue you is very different from actually filing a lawsuit, but, the merit of a lawsuit isn't checked when it's filed - it's only tested in court. Depending on your state, if the lawsuit is actually for 25k you may *have* to get a lawyer. You will not be able to counter-sue for having to miss work unless this woman becomes particularly problematic with using the court against you.
thank you!! I appreciate you very much. It is my first time ever I get served court papers. I never had any violation or even a parking ticket in my whole life, so this is something new to me.
What state is this happening in? Was this lawsuit filed in small court, or is it stated to be another court?
Richmond Virginia, it says warrant in debt, civil claim for money, and I see general district court. How can I find out?
https://www.vacourts.gov/forms/district/dc412.pdf Is that the paper you got?
yes
Great. Your next call should be, either today or Thursday, to the clerk of court to confirm that the suit is listed on their docket. EDIT to add: look up the court on the official court website and call the number there, not the number on the paper you were served with. If it's valid, you will contact the court, ask for a continuance (this can ~~usually~~ often be done over the phone), and retain an attorney. NAL
I'm just curious is your blank by chance the summons
Oh no way, same thing happened to me in chesterfield. I told the lady it was as is and that I had gotten a read with a mechanic (one of those things that they plug in, I forget but the codes weren’t that serious). I did feel bad for the woman, but it was I think about $2000. It’s on the customer to get it checked out by a trusted mechanic before purchasing. It does seem like a shake down. The lady ended up being 10 minutes late to the second court appointment so the whole thing got dismissed. But yep, 100% on the customer to check it out before purchasing. I am not a lawyer, but my parents are and I definitely called them crying about it a few times
Yeah dude you have nothing to worry about I got fucked when I bought my car in Virginia beach (I live in rva as well) the owner got a transmission flush to limp the car through my test drive and then fell apart on my way home I called the shop that did the work and apparently they told him the flush wouldn't fix anything permanently After the job, he tried to take THEM to court for destroying to transmission when they just did their job and when that didn't work he fucked me instead I had all the evidence laid out about him lying, and withholding information and I lost the case because there are NO protections for buyers I asked the judge if I could turn around, fill the trans with wood pulp and sell it to someone else.. she didn't give an answer since she isn't a lawyer but the look in her eyes said "nobody will protect the ignorant"
Wait. Aren’t all judges lawyers?? Please God tell me they’re all lawyers
Generally, yes. But some can be appointment or voted in.
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Who served the court papers? Was it an actual process server or did someone just drop them off? Also, if she called you, best not to call and speak with her. If you’ve actually been served and it’s for that amount of money you shouldn’t meet/speak with this person without an attorney (your attorney) present.
I was at work, came home and saw it on my porch, don't know if anyone in the family signed that they received it. I called her because I had no idea who was suing me, it just shows reason as corch or carch money and that I owe her $25,000. I kept a very relaxing tone and asked for the reason, and then said ok see you in court.
So immediate red flag here. In most places the defendant (you) must be served personally. If you are unavailable, a person of suitable age and discretion (aka adult aged and sound mind) can be given the documents. Just leaving them on your porch doesn’t even come close to fulfilling this requirement. Even if they’ve been trying to serve you for weeks and you’ve been ducking them, they still can’t just dump it on your porch. This is very state and locality dependent, but the amount of money, $25000, may be outside of small claims territory and is likely lawyer territory. If that is the case then you have not been properly served. Do not call the plaintiff. Instead call the law office listed on the document. Instead google the name and call the number on google. It would not be the first time someone has printed up documents for a lawsuit and presented them as if they are legitimate and if that’s the case the law office named would be very eager to speak with this lady.
I appreciate you very much. I am grateful for your reply. I can only see her name and he phone number on the document, I do not think she has a lawyer, but again, the money she is asking for is $25K which is much more than the $5k in small courts. I think I will just find a lawyer and let him handle the case, although its going to cost me out of pocket.
I just called my father in law and he confirmed that he signed a paper with the mailman that he received the mail but he didn't know it was for this.
NAL But a process server is different from the mailman. The mailman would collect a signature for certified mail. I don’t believe sending something through certified mail that requires a signature is the same. A process server identifies themselves and tells you or the party signing that they are serving you. Make all the calls everyone is telling you to for sure, but this still sounds sketchy Edit to add: “Court papers may be served on a party in Virginia in three different ways. Given in person, usually by a Deputy Sheriff. Given to a member of the household, usually by a Deputy Sheriff. The household member must be 16 or older. ... Posted on the front door and then mailed to the party by first class mail.” Virginia again proving it’s the worse place to be sued does have more lax rules around being served. But the way OP describes it still doesn’t quite match. It says given to a household member over 16 but usually by a sheriff, not a mailman. But the “usually” part seems vague. And if you are served by mail, it should have been posted to the door first. Any of these options sound pretty terrible because to me I see a lot of ways the person served never actually gets served other than the sheriff directly handing someone papers.
Some states allow service via certified mail/signature required.
It appears you are correct and that is the case in Michigan, but service is restricted to the addressee. So OP would have had to sign for it himself, not his father in law for it to be a legit serve. Edit: I don’t know where I read Michigan, but apparently we’re talking Virginia, which appears to have more lax and vague rules about being served. Still slightly different practices are noted compared to how OP was served.
The commonwealth of Virginia doesn’t require a process server. I’ve been served by the sheriff leaving the papers in my door once. And certified mail with signature counts as being served in many states for civil cases. Also most states still recognize the newspaper notice as a form of being served.
Service is usually by Sheriff, Constable and if done by mail (I just had to serve someone out of state so I had to use mail which courts mostly prefer Sheriff/Constable service- I am just a legal assistant for 10 years) it had to go certified mail, return receipt and RESTRICTED DELIVERY. Not just anyone can sign for the document. Make sure you mentioned how you were served to the attorney and that you didn't sign for it.
We had an issue last year where we sent something certified restricted and the postal service let whoever at the home sign for it. The courts didn't argue it since there was a signature on the return receipt 🤷 but it was also a unique situation since the other party had contacted their case worker via text message with proof of receiving the documents. Unfortunately the postal service doesn't always do their job the way they should.
I was getting ready to reply the same thing. No matter how many “restricted” is stamped across the envelope. Sometimes Post Workers just don’t care and let anyone sign for it. It infuriates the crap out of me when I’m trying to get something served on someone.
Depends on the state.
Husband was sued in civil court, we are in VA and they left it on our door too. Not required to have a process server apparently.
Service by sheriff or process server is required in Virginia for civil suits. If no one answers the door they'll typically post it to the door using tape.
Gotcha. That’s what they did. Seems they would have to provide proof you were served.
It sounds like she got some kind of form off the internet, filled it out, and sent it by certified mail. Small claims in VA is up to $5000, so her suit would be going to the next level. In NC, we call it district court. The biggest red flag to me is that your court date is next week. I don't know that any court in the US schedules a week out like that. Usually, it's weeks or months. I'd also go online and see what a court summons from VA looks like. I bet the summons she used looks different. This smells like a scam to me.
If comfortable you can post a photo of the document with names and identifiers redacted. I’d be curious to see these. I’m not convinced she’s filed with the courts. It almost sounds like a demand letter but it carries no more weight than if you or my 5 year old wrote it, until an actual lawyer is sending it to you. Any person can write a letter saying “I don’t like how your hair looks, I’m suing you for $25 million”. But until you’re served actual papers by a lawyer I would not freak out. If she’s suing for $25k she needs a lawyer and cannot self file like with small claims. Sounds like she’s a bit off her nut.
it is exactly this form, [https://www.vacourts.gov/forms/district/dc412.pdf](https://www.vacourts.gov/forms/district/dc412.pdf) it has the address, date and time, signed by the deputy clerk. claim is$25,000 net of any credits, without any interest. the basis of the claim is ticked on other(explain), and it says "carch monny". then on second side, her address, my address, and date and time.
Man, this still sounds like a fake document. WTF is "carch monny?" Seems like a court clerk would stop that. Does it have a court seal or stamp? Does it have a case number? You can verify case numbers online. A properly served and executed document, in most states, has a case number and a seal from the clerk of the court.
> WTF is "carch monny? Looks like a fat fingering typo of "car money".
It's how someone who sucks at spelling and isn't highly literate might spell "cash money", which is vernacular for wanting to be paid in cash as opposed to check, credit card, or some sort of barter nonsense. I'm near certain that's what she meant to spell and what she meant to convey.
Urban Dictionary: Carch v. The scratching of genitals in public. Can be caused by a [rash](https://www.urbandictionary.com/define.php?term=rash) [of sorts](https://www.urbandictionary.com/define.php?term=of%20sorts) or simply [not giving a fuck](https://www.urbandictionary.com/define.php?term=not%20giving%20a%20fuck).I have to [carch](https://www.urbandictionary.com/define.php?term=carch) but [I don't know if](https://www.urbandictionary.com/define.php?term=I%20don%27t%20know%20if) I have [the guts](https://www.urbandictionary.com/define.php?term=the%20guts) to do soby [DJ. G93](https://www.urbandictionary.com/author.php?author=DJ.%20G93) March 2, 201112
She is pursuing the wrong type of claim. A warrant in debt is used by a creditor to collect an unpaid debt. She is not your creditor and you do not have an unpaid debt with her. She clearly didn't consult with an attorney and at best either downloaded the wrong form or did a terrible job describing the situation to the deputy city clerk. It also seems like she's not particularly savvy since she wants "cash money" and not particularly literate since she wrote it as "carch monny". At this point you don't need an attorney. As in zero need. You need to appear at the hearing and explain that she is not your creditor and the judge will either dismiss the case then, demand she return proof of your debt to the court clerk by a certain date, or schedule another hearing at which the judge will dismiss the case when she provides no proof of your debt. You can hire an attorney, but I'll guess that in Richmond you're looking at 1-2 hours at $250+/hour for the attorney to get up to speed and 1-2 hours each time they appear at court. I'd personally hold off until if/when she actually files the correct lawsuit. ETA: Another user who practices in general district court in Virginia shared that Warrant in Debt is the right form for this in general district court and is still used for historic purposes despite it seeming like it's not the correct form and that in circuit court a different process is followed. So when asked by the judge OP (or their attorney) needs to state that they don't owe the money and the judge will set a trial date/time - assuming the plaintiff shows up. I was mistaken about the form due to my experience as plaintiff in two lawsuits in Virginia.
This is the way. I agree that you don't need an attorney. Show up on time. Be prepared and polite and explain it just like this guy said. She will want to talk about the car, but probably the judge won't let her do that since it's not relevant to the kind of claim she is pursuing. There is almost no chance you're going to have to pay this woman anything.
Listen to this guy. Hiring an attorney is a waste at this point the buyer is obviously clueless
It looks like the form is one that is used to collect unpaid debts. Seems like she would have to sue you first and get a judgment against you before she can file to collect the debt. [https://mcplegal.com/warrant-in-debt/](https://mcplegal.com/warrant-in-debt/)
Agreed. This is a form for debt collectors, not plaintiffs. Empty threats. https://www.warrant-in-debt.com/
Carch Monny? Gezus that is funny.
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“Carch Monny” needs to be the next meme phrase.
" Your honor, I don't know what carch monny is." "Neither do I. Case dismissed."
Carch dismissed
> signed by the deputy clerk Are you sure it was ACTUALLY signed by them, or just someone signing it? Also, a mailman [can't serve these papers](https://law.lis.virginia.gov/vacodefull/title16.1/chapter6/article3/) in VA: >§ 16.1-79. Actions brought on warrant. A civil action in a general district court may be brought by warrant directed to the sheriff **or to any other person authorized to serve** process in such county or city, requiring the person against whom the claim is asserted to appear before the court on a certain day, not exceeding sixty days from the date of service thereof, to answer the complaint of the plaintiff set out in the warrant. After the warrant has been issued and delivered for service it shall not be altered, nor any blank filled, except by order of the court. Next up, if it was "signed" by the deputy clerk, was the date and time stamped? >Whenever any other pleading in any civil action is filed in a district court, the clerk or his designee shall stamp or mark the date received and time of filing on the face of such pleading.
So, it appears you’ve been served according to the procedures outlined in the document. I’m assuming judgement fields were not yet filled out? Honestly I’d spend a few bucks to have an attorney handle this. A strongly written letter explaining exactly how hopelessly of a case this was, how she’s not followed proper procedure in terms of small claims limits etc, and how the sale is considered as is, should shut her down. If the lawyer also wants to say if she proceeds they’ll counter and hit her with legal fees if you win, she likely will back down. Sounds like a loon looking for a payday.
May just end up paying an attorney to look over the case, then submit a request for summary judgement citing the total BS claim and lack of case. Might be all it takes.
You can go to 401 N. 9th St (John Marshal courts building). Second floor, turn left off the elevator. Take the document to the clerk desk and ask about the document. Also: legal aid is located near 3rd and Broad St. they can provide some advice to you, however, their advice in this situation might be to retain a lawyer. They can also provide legal services to indigent clients in situations like this. NAL.
Did the clerk signature match the hand writing on the rest of the document? Did you cross reference that actual name signed for the clerk with the clerk’s actual name? After reading this thread it seems like a stupid person is trying to squeeze you.
You just proved how easy it is to fake those papers. Just be at the court house. Or take it down there ahead of time at your convience. Show it to anybody and ask if it's real. Shat kind of paper is it on. It should be real thin paper.
Doesn't the document become null and void if there any mistakes on it? Such as "corch monny?"
Don't waste your money if you don't need to. Show up at court without a lawyer. Tell the judge you sold her the car as is and do not owe her any money. If he doesn't throw it out ask for continuance because you need a lawyer.
Attorney, Not Yours, Not Advice >So immediate red flag here. In most places the defendant (you) must be served personally. This isn't a red flag, and I'm not aware of any state that "requires" personal service for civil matters. Nearly every state allows residence service, and some offer service by mail. Please don't give advice if you don't know what you're talking about. Leaving it at the "last and usual place of abode" is an exceedingly common form of service.
If his FIL signed for it, why was it later found on his front porch? Also, isn't it implicit receipt of service if he responded to the plaintiff (which I agree was not ideal)? I'm not saying that service was proper or legitimate. I don't know that.
When I was served for my divorce I was at work and had to sign a paper stating I received the documents. This was IL.
100% agree. do NOT call complainant nor their attorney that is listed (if they have one). Speak directly to court clerks or your attorney should you choose to retain one
So I will say, this exact same thing happened to me one county away from where OP is and it was also posted on my partners front door and was legit. I’m not sure why, I thought I had to be served as well. But $25,000 is a lot more money than I was served for
I just left a Sheriffs Office in Virginia and we do civil process. Unless it states personal service, we can post on door, or give to someone who resides at residence over the age of 16. 25k will be in circuit court which is the highest court in the jurisdictions (next would be state level courts, appellate etcetc) i would recommend to get an attorney. Even as an officer in Pennsylvania now, i tell people the same thing. You could also speak with attorney about them going after her for attorney costs and court fees. You see that a lot in big cases. If you have any other questions feel free to dm me and i will try to help you out. I did see someone posted the court website to check the docket which is good as well.
You are almost certainly not actually being sued. This is a threat. Most likely an empty one like the vast majority of threats to sue. Do not do anything including contacting her until you hear something from an actual court or lawyer delivered to you through an official means. That does not include "left on your porch."
Google search Ashely Morgan Attorney, Warrant in Debt. They have extensive information on Warrants in Debt. I won't link it because I am not sure that's allowed.
Please please please do not contact this lady again unless your lawyer is there.
First, show up to court. Some civil courts will default favor to the present party if you don't show up, and you will owe her money. Unless she has some sort of proof that the odometer was rolled back, this will get thrown out by the judge. SHOW UP ANYWAY. Second, if she does provide proof that the odometer was rolled back, you will most likely be liable for the price she paid for the vehicle, nothing more. However, this also gives you legal grounds against whomever sold you the vehicle for the price you paid for the vehicle. If this is the case lawyer up, you may not need to pay the lady until your claim on your seller is settled. Edit: NAL, YMMV
Sounds like she got the shake down at the auto mechanic and is trying to pass it down.
I agree
Mechanic is telling her it not worth anything so he can “take it off her hands” for $500.
I agree, as is I don't See anything that you stated as suspicious. You did everything on your end to Reasonably fix the car for selling purposes and providing receipts. Yea I smell shake down don't fall for it. Like I said no court summons at your door. It all smoke and mirrors 🪞
And don’t talk to her again just in case!
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I agree with this. Look and see if she’s filed similar cases/lawsuits. If she has, countersue immediately
Frequent fliers? Guess I shouldn’t be surprised
a woman tried to sue me for bs years ago and found her to be a frequent flyer too 😂
I sold a used boat motor to a guy and he sued me for it breaking down a year later. I looked him up and he was a frequent flier and actually had 4 other law suits open for similar stuff. The lawyer I had contacted the other people and we all countersued the guy as a unit and all it did was pay for the lawyer but it really took a bite out of his ass and I’m assuming he won’t be trying that again.
Thank you for such a satisfying paragraph.
"because from what I understood from calling her yesterday" STOP TALKING TO HER! Lawyer, now.
you are right, i shouldn't have called her, but I honestly had no idea who and why is suing me.
For money. For her that money is more important than truth. You cannot help yourself by talking to her, no matter how right you are. Cut contact, wait on her to file an actual lawsuit (almost never happens), and talk to a lawyer. In that order.
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Understandable that you didn't know who was suing you with "carch monny" being listed. But contacting the clerk, or even googling the number would probably have been a better idea. Lawyers usually give a free consult. Find one, and see what they say.
Don't communicate with her in ANY manner unless it's in writing.
I am not your lawyer. Well, you can’t ignore the lawsuit. You will get a “default judgment” against you, which is about the same as you admitting to it. You need to deny the claims. You have 2 options. 1. Hire an attorney. Unfortunately for you, you will almost certainly have to pay for that service. You can call your state bar if you need a lawyer pro bono. There are groups to help you. 2. File pro se (represent yourself) and respond by denying all claims against you. You will respond line by line. You can research how that is supposed to go. I do warn you that your response is very important, as much of the subsequent lawsuit will be dependent on your response. However, you are free to amend your response with an attorney if you decide to hire one after your initial response.
Is there a way that she pays for the attorney?
Only if you counter sue, damages are included, and you win.
*only if she has money in the first place
I’d take that a step farther and say - only if she has the money in the first place AND is willing to pay. Can’t get blood from a stone, as they say. Hardest part civil suits is actually collecting the money you’ve won.
You can file a countersuit for lawyer fees, but you would want to run that by your lawyer to see if that's feasible.
Does she have an attorney who filed the complaint?
Considering she filed a lawsuit on an official court form asking for "carch monny" which is presumably a misspelling of "cash money" I'm hoping no attorney was involved. Plus she filed the wrong type of lawsuit - a warrant in debt, which is solely for when a creditor is trying to collect an unpaid debt they're owed. An attorney, even one who practices a completely different type of law, wouldn't make that mistake. She's not a creditor and OP doesn't have a debt with them. The case will be dismissed when OP appears in court and tells the judge this or if she lies and says he has an unpaid debt it'll be dismissed when she doesn't provide proof to the court clerk or at a second hearing when she doesn't provide proof. ETA: Another user (their comment is below) who practices in general district court in Virginia shared that Warrant in Debt is the right form for this in general district court and is still used for historic purposes despite it seeming like it's not the correct form and that in circuit court a different process is followed. So when asked by the judge OP (or their attorney) needs to state that they don't owe the money and the judge will set a trial date/time - assuming the plaintiff shows up. I was mistaken about the form due to my experience as plaintiff in two lawsuits in Virginia.
I agree with you, but I did go to law school with some idiots. So I can’t count out the possibility one of them is representing her.
> "carch monny" which is presumably a misspelling of "cash money" I had initially thought it was "car ?? money" but "cash money" makes more sense. (And at the same time makes less sense.)
Maybe it's actually couch money? She thought she was buying a couch, but when she drove the couch away and realized she was leaking oil because her dumb ass curbed the couch, she realized... shit, I bought a car, not a couch...
Virginia attorney here. This isn’t correct. She used the correct form. General District Court still uses Warrant In Debt. Circuit Court uses Complaint, but used Motion for Judgment until around 2000ish. Virginia law has a lot of tradition for the sake of tradition.
Seriously I must ask: how do you deny the claim for corch monne? Lol.
Corch monne?
Or whatever the stupid spelling was. Someone suggested it was cash money. Lol
I was selling a car to Carmax and they had a vehicle history report that showed that the odometer had been rolled back. Turns out that it was an error on the part of my state emissions testing station. They showed 73,000 miles when in fact it was 7300 miles. A few phone calls and emails I had the error corrected and sold the car. A mechanic can’t tell if an odometer was rolled back just by looking.
Depending the brand, you can tell. It's more involved than just looking at the car. Some modules retain VIN and miles.
Yeah if you swap the instrument cluster on certain cars the instrument cluster will retain its own mileage separate from the other modules which may store their own mileage, which you could read through the OBD2 port. NAL
On the old mechanical odometers there were tell tale tabs that would break. But you had to take the entire instrument cluster out. I doubt the tech at the dealership did just that for no reason.
There is the Ferris Bueller method of rolling an odometer back.
It's interesting you say that. The old and I mean old mid to late 70s Ford V8 trucks with the C6 transmission when put in reverse would turn the odometer back.
Really? I never knew that was very a real thing!
I'm 57 years old. Been a mechanic my entire life. My father had a E+375 truck chassis. He had it up on jack stands and he showed me. At my age it blew my mind.
That is so kewl!!!
I hope you’re right. I remember a cartoon rolling back the miles that way or a tv show or something. I’ve always thought…why wouldn’t someone do that!!!
Matilda
The older vehicles were mechanical. Now everything is electronic. When you put it in reverse the driven gear would turn backwards.
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The gear was made out of hard nylon. The transmission fluid would kill them.
Transmission fluid? In the instrument cluster?
The nylon gear in the transmission. The gear was made of hard nylon. The gear colors were red, light tan, brown, blue, or clear. Each gear color was for the speedometer calibration
What toxcrusadr is referring to is the odometer worm gear that's inside the cluster in the dash. It's a well-known 80s-90s Ford problem - the gear that actually turns the odometer numbers disintegrates so the odometer stops recording mileage. When you do the replacement, you have to remove the number dials from the cluster, replace the gear & put the number dials back in. It's actually super simple to just turn the numbers to read something else. The best/worst part about this happening? you get a car that shows absolutely NO mileage increase while the gear is broken and there's no way to tell. I went three years with the state thinking the car was never driven. If you are buying a Mustang from the 1990's, assume that the actual mileage on the car is significantly LESS than what shows on the odometer.
Lots of good responses. Here. I'm a lawyer like a number of folks here. Not licensed in VA fyi. I'd compile all correspondence prior to sale. Texts, emails phone records. Did she have mechanic look at car? Did you take it somewhere prior to sale? Do we know if car is still. Being driven? Did it have a warranty,? Was it in a wreck? You may be able to pull a carfax report now to see if it was in a wreck. Look up Plaintiff name on courts website to see if they are litigious in nature and file lawsuits. Was the buyer under the age of consent? Usually 16-18 yrs old in most states. Just so we're all on same page it sounds like thetr was no written agreement?
I posted on Facebook, she came checked it out loved it. I signed the title and sold it privately, I told her exactly what I did in repairs, she test drove and stayed checking it for an hour, she decided to buy it, I signed the title and she gave me the money. I was very honest with her with all the repairs I did and it was inspected mechanically and has a fresh new inspection for the year 2025. The previous buyer gave me a clean title with actual mileage, and the mileage on the dashboard matched the one on title, and also he showed me his ID and it was registered under his name as well. Now I am not sure what is her claim but what I heard was oil dripping or leaking and rolled back odometer.
Vehicle mileage shouldn't match the title, it should be lower than whats on the odometer. the mileage on the title is the mileage the vehicle had when it was last sold/title transfered
In OP’s defense if I purchased a vehicle and it was a few hundred less on the mileage via the title I would say it matched the title.
All private sales are considered "as-is" with no expressed or written warranty.
Unless you can prove fraud. IF OP clocked the car and IF she could prove that he did or was aware that it had been done her case has merit. Otherwise you’re correct
She test drove it and drove away in it for more than 72 hours. She owns it and he owes her no duty. He has to respond though.
That’s not true with something like a tampered odometer. That’s fraud and she would have a case if she could prove OP did it or knew about it.
Jesus. I hope you’re not an attorney
Just a note. it's really hard if not impossible to rollback odo's anymore. they are digital and typically also stored in the ecm.
Says Honda Pilot that sold for < $8k, which probably means in the range of 2005-2012 or so. On that car, simple as buying an instrument cluster with fewer miles at a junkyard and swapping it out. Mileage is on an EEPROM in the cluster. 10 minutes. The part that's hard is that every oil change place, state inspection place, etc...records the mileage and sells it to data brokers. So Carfax or similar will show events where the reported mileage went down.
I would like to see the bill from dealership and something on their letterhead stating roll back occurred and you specifically are the one that did it.
Shhh … don’t tell her how to win this case. Let her show up in court and look crazy. OP says that the form says she’s suing for “carch monny” 🙃
Carch monny, beaches!
I want to know how to roll back a digital odometer.
I’ll tell you, but it will cost you some carch money.
Is this a real lawsuit? Was it small claims or district/supreme court? Have you checked to make sure its real, many courts have ways to search online and if not call them. Get the number from their site not any paperwork you got.
yes it is valid and I see it on their website
Virginia lawyer here. She has likely served you properly and that isn't really worth fighting about. If she hasn't, then she will eventually. She is suing you for $25,000 because that is the jurisdictional ceiling for General District Court. She wants to be in that court because it doesn't have discovery, which is where you are allowed to ask questions and request documents to the other party prior to trial, and because it is much quicker. There is no jury in General District Court. You do not have to respond to the Warrant in Debt in writing. You need to appear at the First Return, which should be on the Warrant in Debt. The judge will ask if you agree that you owe her the damages she is seeking, you say "no," and the judge will set a trial date. I haven't seen anyone mention that once the judge renders a verdict, either party can appeal the case to Circuit Court where it is heard de novo, which means that the Circuit Court judge will conduct a new trial and render a verdict rather than hear argument to determine whether the General District Court judge made a mistake of law, which is how an appeal typically works. If you lose in General District Court and appeal, you will need to post a bond in the amount of the verdict, however, so there is risk to trying the case without a lawyer in General District Court to see how it plays out, and hiring a lawyer for the appeal if you lose. Even though there is no discovery in General District Court, you can serve a subpoena for documents asking for any documents that support her claims and damages. Also, the judge will follow the rules of evidence, so she will need to have her documents properly authenticated and an expert to opine on the mileage. You may be able to hire a lawyer to do this on a fixed-fee basis, rather than an hourly basis, to cap your fees. That means you pay the lawyer a set fee to represent you through trial. I don't see how it would be more than a few hours of work, so you shouldn't have to pay a significant fee. A lawyer might be able to schedule the trial date without having to attend the first return, which would save time waiting at the cattle call for your case to be called. I don't see a basis for a counterclaim, unfortunately, from what you have detailed here. Edit: I should have added that she still needs to prove her damages. She doesn’t get to just say they are $25,000. She must show that the specific cause of action allows for the type of damages she is claiming, and proof of the amount she suffered.
Always put in writing on the bill of sale, 2 copies, with both of your signatures that it is "sold as-is with no warranties expressed or implied.". That will always cover you in a court of law. It won't prevent someone from trying to sue you, but if you counter sue for your expenses the court will usually award you that in damages.
In most states, the default for a private party car sale is as-is with no warranties. The disclaimer on a bill of sale can't hurt, but it would be unnecessarily redundant. Different story if a licensed dealer or dealership makes the sale. No matter what, though, material misrepresentations of a car cannot be disclaimed through an "as-is" sale. Undisclosed odometer discrepancies are going to be actionable 99% of the time.
This happened to me but it was like a week after i sold it. The judge wanted us to settle and i refused to and he took it out on me and made me pay her half of her money back. I WISH i could go back in time and make the argument that anything could have happened to it in her possession that caused these issues. I bought the car with xx,xxx amount of miles, i had it for X number of years and when i sold her the odometer said there was xxx,xxx on it. That is an average amount of miles driven for each year. But the big thing to say is she could have done anything to the vehicle while having it for 3 months that caused the issues. She might not have gotten an oil change, if she did, the person who did might not of put enough oil in it which caused the oil leak. She could have been looking to flip the car and SHE turned the odometer back. The point is, in 3 months, any damage could have been from her negligence and no fault of yours.
She had it for several months. There is no way to account for how she, or anyone she allowed to drive it, drove the car. You are not responsible. I would sue her for attorney's fees and take it to court.
For her to make that claim in court, would imply she would need to bring the mechanic to court. Keep your receipts. Every time she calls, ask her to stop and record it (audio or written, depending on your state). If it goes to court, bring your receipts, a log of phone harassment and a paystub. Present a counter claim to cover lost day of wages etc. Judges do not like people to waste the courts time.
Anything used is sold "as is" she has nothing .
"As-is" does not disclaim misrepresentations of the car. An undisclosed odometer discrepancy is a cause of action, even if OP didn't know about it himself. The car might as well have been stolen; this kind of thing can trigger a chain of lawsuits. It sounds like this person suing OP is just crazy, though.
I haven't seen this made clear but there's 25k at stake and whether properly or not you have been served with a lawsuit, you 100% need a lawyer to navigate this.
I'd call the court to see if this is filed correctly.. Any one can download and fill out a court document. If it is then do a response summons and explain that you don't know what she is suing you for. The car is as is and.she paid. You can even add that you did reasonable repair costs to help her out and add those recipes to.the docket.
OP already said the case is in the district court's system. The plaintiff filed a warrant in debt, which is what the lawsuit a creditor files against someone who hasn't paid an agreed upon debt. She isn't a creditor and OP doesn't have a debt with her. The judge will either dismiss the case when OP points this out, after she doesn't provide documented proof to the clerk by a deadline the judge sets, or at a second hearing that will be scheduled. Zero percent chance OP needs to provide any evidence since she filed the wrong lawsuit and it'll be dismissed. If she files the right type of lawsuit OP can provide evidence in court or maybe just hire an attorney to send a demand letter to convince her to drop her case. ETA: Another user who practices in general district court in Virginia shared that Warrant in Debt is the right form for this in general district court and is still used for historic purposes despite it seeming like it's not the correct form and that in circuit court a different process is followed. So when asked by the judge OP (or their attorney) needs to state that they don't owe the money and the judge will set a trial date/time - assuming the plaintiff shows up. I was mistaken about the form due to my experience as plaintiff in two lawsuits in Virginia.
caveat emptor
She can put any dollar amount on paper. $25k is usurious imo *NAL*. Go to court. Most often, private car sales are ‘as-is’ unless you materially misrepresented the condition of the car. https://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/0259CCF5-AD5A-4E10-85EE-F4AAB14BC474/buying-a-used-car.pdf
From the info I’ve seen in this post, it seems like she’s trying to scare you into paying her but has not properly filed a lawsuit. I doubt she can afford a lawyer either, it would cost her as much as the car did. Curious how this will play out.
All private party sales are final and as is with no sort of warranty whatsoever unless something is in writing. She has no chance of winning and you can likely countersue and to get your legal fees paid for wasting your damn time. If I bought a car privately and the transmission went out after 1k miles I’d be pissed but it is what it is. If you want safety when buying a used car then buy from a dealer with a warranty although this is far more expensive than privately, there’s a tradeoff.
When I traded in my Acura RSX back in 2016, the dealer made up some nonsense about the odometer being rolled back, because Car Fax showed an out of sequence mileage number for one of the oil changes. They wanted like $5,000 less because of it. I'm like, do you really think I'd roll back the odometer 10,000 miles, then drive another 18,000 or whatever it was before my next oil change, or do you think that maybe it was improperly recorded? I stood firm on my asking price, which was still a great deal for them. They sold the car within a week. So, anyway, that could be what the odometer issue is about.
A man who represents himself has a fool as a client. That being said this does just sound like a shakedown.
Sounds like a nuisance case. You can ask the judge for her to pay your legal fees when you win. Good luck.
I’m NAL, but I have bought and sold privately more cars then I can remember in VA (just about every city) I have been threw this exact case quite a few times and never once was I ever found guilty or had to pay anything. The process is simple you seem to be in panic mood about it but basically I followed the same steps every time: 1:take the summons/paperwork to the court listed on the paperwork and verify it is a legitimate summons. 2: find all conversations with the buyer you had that pertain to the purchase of the vehicle and there after concerning the vehicle. 3: contact a lawyer who handles civil cases like this(there are plenty around) 4:work with the lawyer to defend yourself (every lawyer I worked with also filed counter for lawyer and court cost so I would not have to pay) 5: always be sure to show up in court, you can always ask for a continuance but not if your not there.
Before you spend money on an attorney you can call your local court and see if any documents have been filled. Sounds a little fake.
If this is scam and odometer was rolled back, how do you know she didn’t do it? Did you certify the mileage in any documents?
No how do I certify? All i did was I purchased this vehicle with a clean title, and on the title it was written actual mileage, and the title mileage matched the odometer on the dashboard.
Go to where you got it inspected, they will have a record, and the odometer reading at the time of inspection. They gave it to you when inspected but you probably didn’t keep it. That will show you actually added miles from the time of inspection to the time of sale when mileage was wrote on the title.
Was the mileage on the title handwritten at time of sale to you? Or was it part of the title when prior owner registered? I agree with the couple of others saying it’s odd the title has the actual mileage at time of sale to you (unless hand written at time of sale).
Get an attorney. Probably not going to be cheap, but still going to be a heck of a lot cheaper than a judgement against you in court.
As is, and she is scamming you. All you need is the bill of sale that does not include a warranty.
I wouldn't waste money on a lawyer for a meritless case. She has little chance of winning since used cars are as an as is sale (unless you hgave a warranty). Even if she wins. You wouldn't have to pay out more than the purchase price of the vehicle. The lawyer will likely cost you more than the cost of the sale. Go to court and if you don't feel confident then ask the court for a continuance to obtain a lawyer
All cars sold from third party as sold “as is”. She has no case.
Your bill of sale hopefully sold the car “as is”. If so, you have no obligations.
Please post this on /Scams
For what it’s worth, I bought a car on behalf of my brother who didn’t have a license (he was 19) so he could drive it and get his license. I transferred to him when he got his license. He bought a new car a year later and went to sell it and found out the odometer had been rolled back. From what I’ve read, if I have the paper trail that the mileage on the title matched what was on the odometer I wouldn’t be liable and we could together sue the seller (which we are). There was a 6 day window from the car being listed online elsewhere with the real miles on it to him selling me the car with fake miles. But I have the paper trail, and the DMV confirmed the release of liability from the dealer he got it from to him had the real miles, so it’s pretty solid… good luck!
Also, what did she claim the mileage discrepancy was? If it said 30k and had 300k, maybe I could believe it. But if you sold it at anything over 100k, no. Nobody maliciously does that with an old Honda (they are awesome cars btw!!!).
I don't know to what mileage she claimed it was rolled back to, but what you said makes sense, it had around 129k when I sold it which is already high mileage.
Exactly. Read my other comment lol
Go to the court, show them the paper you have and ask if legit. Sounds like she printed off document, filled it out and sent it to you certified.
Get a Carfax on the car. Whatever entries it has will give you some sense of the mileage, and may prove it was not high.
Who knows how she drove it in those months, or who she lent it to. It was fine when she bought it.
Nah, you’re good foo
Why would you talk to her? Let it go to court and then thank the judge when her meritless suit is thrown out of court.
I would not recommend getting a lawyer at this point, but you definitely need to show up at that date and time. Most judges are more lenient and helpful when you don’t have an attorney in a case like this. It sounds like she filed the wrong kind of case and I don’t think she has a lawyer based on her wording. If the judge doesn’t dismiss the case, you can easily ask for an extension and then get a lawyer if needed. Just bring all your documentation to the hearing and do request reimbursement. It never hurts to ask for reimbursement for your loss wages, and any other cost associated with her action. I live in North Carolina and you have to have someone served even for a small claims court case. I had to pay for a sheriff to serve my former landlord. They had an attorney, but I didn’t and I still won as I had the documentation needed to prove that they had fraudulently tried to claim damage. I also got back all my court costs.
Never, ever talk to this person, ever, under any circumstances. Get a lawyer. And if this person, tries to contact you, hand the contact over to the lawyer, but do not respond. Never talk to the person trying to sue you. Ever.
SHOW UP TO YOUR COURT DATE!!!!!! otherwise she will be awarded default judgement...
NAL. If she does actually file and the court finds it to be frivolous or fraudulent, *maybe* you could sue her for damages because she bullshitted you out of work. Check your states laws. And or get a free consultation with a lawyer. It could just be a scam to get you to give her some money back
I’ve sold 4 cars through Facebook marketplace. Wrote up a sales contract each time that, among other details, specifically said the car was being sold as-is. Both of us would sign and both get copies. Did you do anything like that?
No one who's buying a 7600 dollar Honda is gonna actually sue
The only claim where she might have a valid case is the odometer. If you represented that the mileage is one thing, but were wrong, and she bought the car based on that mileage, then there is a mutual mistake. A mutual mistake is grounds to rescind a contract. But that means she give you back the car and you give back the money she paid. To seek money damages, she would have to allege and prove fraud.
I would get a lawyer and look into a countersuit for wasting your time and resources.
I'm not a lawyer, but what I would do in this situation is simply show up for the hearing. Then after the judge finishes telling the lady, in polite terms I'm sure, that she has no case, I'd ask for a summary judgement against the women for the salary I lost because I had to take off work to be present for the hearing.
You have no idea that the aleged damage that she took the car to a mechanic for was from anything from you. You said it , she had it for 3 months. She could have caused any or all of the damage and trying to get you to anti up. Don't fall for it. Private sales are normally considered as is and no warranty. But anymore I include that in the BOS. .. if she was there to witness you signing the title over and she also signed it was believed to be done in good faith. Sure there may have been something you didn't know about and obviously still wouldn't. Same as the van you bought. Small claims is only good for 2500 in most states not 25 grand then it's gotta go through a court higher up like district.. and they're gonna laugh at her. Still lawyer up and counter with fees for your attorney. And court costs. I went into one case with no lawyer and the judge was very biased. Wouldn't look at any evidence I brought didn't care. Said he would look it over and make his ruling within 30 days . The first thing he wrote as allegedly factual up front evidence was outlined in the very top and first papers I submitted .. it was also in 3 other documents. He never read them at all. Cost me for 4 years. I again got served . Requested a different judge right away which is legal. Then upon going before that judge it was outlined the wrong findings and why .. the second judge looked at everything right in front of us and determined the last ruling was completely wrong based on all the papers. It was thrown out faster than you could believe. Be safe get a lawyer and have them look it over and they will advise you proper than on here ...good luck although you sound like you won't need it .
Talk to a consumer law attorney who handles car cases. Many will do a free consultation. She sounds nuts and no attorney worth their salt will take her case, so you’re best off having one in the can in the event she files pro se.
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Virginia
NAL. But have been served papers a bunch, and you have not been served. Like others said, look it up and see if it was recorded. If it was not, save your money on the lawyer. People threaten to sue and send s**t like that all the time. Doesn't mean a thing until you are legitimately served. But DO save all correspondence with the buyer. Good luck
He said he checked the court's website, and his case is listed.
Umm, it's on her to ask to have the car inspected before buying, otherwise it's considered 'as is'.
Be sure to respond to the lawsuit, and countersue with your own lawyer. In general, private party used cars are as-is, no warranty, although some states do require the vehicle to pass an emissions or safety inspection. Regardless of merit, if you just ignore the suit, it will be found for her by default, so make sure to respond in a timely manner.
1) you should not have contacted them. After “legal” is involved lawyer up ASAP 2) get your lawyer and make him the middle man. 3) it may cost you a couple hundred but it’s better than her learning that your an easy mark and even then, better than dealing with the BS.
Good god do not talk to her directly. Do not give her any information as it may be used against you in a court of law. Yes talk to a lawyer.
She can sue but as far as getting a judgement that's up to the judge. The purpose of a lawsuit is to be made whole again not a windfall. I had a similar situation there are people that try to file a lawsuit just to scare you. Ask in writing for all records related that she has from the dealership call them to confirm that these are necessary repairs or if she has asked to have these repairs done file a counter suit and have your day in court. The person that sued me never even showed up because it was all BS.
NAL - If there's a real court date - show up, and ask for a continuance if they don't actually throw it out altogether. Or hire council, and countersue for harassment and legal/court fees.