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Alex1647545498

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So I bought this car in 11/03 and the guy is supposed to deliver with the trans problem fixed on the car. He's kind of a friend and I didn't *need* the car so I didn't persue to have it fixed ASAP. I bought it cause I thought I would be doing a favor for him. It's now over 6 months and he's not answering my pm's or my emails. I don't even know if he still has the car. I do, however, have a signed contract from him.

 

Should I take this to small claims court? Has anyone gone through that process before? What would I do to get it started?

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So should I get a lawyer for small claims? Could I sue for attorny fees? Are there lawyers that don't get paid unless you win for these type of cases? Anyone with referals? It's a pretty strait foward case so it shouldn't be hard.

 

I'm pretty ignorant when it comes to court and lawyers and stuff.

 

I'm also hoping that he would see this thread and respond so I would know that's going on. If I can get a set completion date I would be happy.

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Originally posted by buckeye:

find out were he live and go with a roll back and repo it :D

I don't have the title. And the trans is probably not fixed yet. So I really can't and don't want to just "go get it".

 

I do have that contract though. And it does state an amount of time he has to deliver. That time has expired for a long time now.

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Guest nevarmore
Originally posted by Mr. 2:

I do have that contract though. And it does state an amount of time he has to deliver. That time has expired for a long time now.

Then you have a legitimate small claims cort claim. Call your city (county) small claims court and they should be able to help you through the filing procedure. If it is a significant claim, I'd call the local bar association (BBB for lawyers) who will refer you to a local lawyer who handles such cases.
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Let him know what your intentions are, and what your course of action will be. You may want to send him a certified letter stating that if he doesnt respond in one week, he will be sent a subpoena. That will scare him, because it will look official. It will also give you a record of your communication, and will prove he received word. I am sure you want to go to court about as much as he does, so I would try this option first.
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Guest wigsite
Small claims court is done without a lawyer. However, there is a dollar limit on the amount you can sue for. Call the clerk of courts and ask them. You should be able to go down there and pick up the forms to fill out and submit for a court date. You might also be able to apply for a title in your name, a repo title, with the contract that you have and then have the car picked up. You can also check into filing a lien on the title so that he won't be able to sell it out from under you.
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