Ask Me Help Desk - Sued over a car I sold. Snd he served me at a address I didn't live at anymore!

Riverside,Ca
So in Feb. 2005 I sold a car. I put as is in the blill of sale but I also stated that if the car doesn't pass smog that would pay for the part needed to pass smog. The individual I sold it to broke the car days later and never had a chance to smog it. That being said, he wants me to pay for the dameges he did to the motor. He demanded me to pay for it and I told him he never smoged it and that when he does to let me know if it passes. He was pissed and told me he would sue me.

April 2005 I moved to orange county. On my public file it shows the person served my wife at 7:00pm Aug 2005, for a Oct 5th 2005 court date. It stated he served my wife at a address we moved out of months prior too. I also was deployed to Iraq aug 2005. He also filed I was not in a military serves (which I was and still am).

The only reason I knew about getting sued is it was on my credit report as a public Judgement.

I went and got my case opened to be hear or what ever it is called (where the judge hears why I vever showed) But I guess the other guy didn't get his papers in the mail so he won't be there. I have the Lease ending agreement that shows I or my wife never lived at the location he served me at and my orders to show I wasn't in the country for the time of the court that.

What do you think?

Quote:

Originally Posted by rogers4482

Riverside,Ca
So in Feb. 2005 I sold a car. I put as is in the the blill of sale but I also stated that if the car doesn't pass smog that would pay for the part needed to pass smog. The individual I sold it to broke the car days later and never had a chance to smog it. That being said, he wants me to pay for the dameges he did to the motor. He demanded me to pay for it and I told him he never smoged it and that when he does to let me know if it passes. He was pissed and told me he would sue me.

April 2005 I moved to orange county. on my public file it shows the person served my wife at 7:00pm Aug 2005, for a Oct 5th 2005 court date. It stated he served my wife at a address we moved out of months prior too. I also was deployed to Iraq aug 2005. he also filed I was not in a military serves (which I was and still am).

the only reason I knew about getting sued is it was on my credit report as a public Judgement.

I went and got my case opened to be hear or what ever it is called (where the judge hears why I vever showed) But I guess the other guy didn't get his papers in the mail so he wont be there. I have the Lease ending agreement that shows I or my wife never lived at the location he served me at and my orders to show I wasn't in the country for the time of the court dat.

what do you think?

If your question is the service you take the documentation which proves the server could not possibly have served your wife. The Judge reviews the Affidavit of Service, your documents, takes any testimony, if you prevail he sets aside (vacates) the Judgment and the Plaintiff has to served you legally, a hearing will be scheduled, you'll both present your proof - IF he served you again.

Was that your question?

Think about what? Do I think you will get the judgement vacated? If you have all your documents as indicated, then yes I do. Then the plaintiff will serve you correctly

Are asking whether you will win the original suit? If you have the bill of sale then yes.

[QUOTE=JudyKayTee;1383850]If your question is the service you take the documentation which proves the server could not possibly have served your wife. The Judge reviews the Affidavit of Service, your documents, takes any testimony, if you prevail he sets aside (vacates) the Judgment and the Plaintiff has to served you legally, a hearing will be scheduled, you'll both present your proof - IF he served you again.

Was that your question?[/QUOTE

Sorry... I was asking, could he get introuble for this (not serving correctly)?
Also, I do not have the bill of sale but he doesand I do have all documents showing where my wife was and showing it wasn't in the lacation said being served. He has been ruining my credit for years now and I had no clue. I don't think that matters but I just don't think that it was fair.
And also does it look like I would loose a case like this?

Other than to have the judgement vacated and him having to refile its unlikely he will be prosecuted for falsifying service.

And what if he doesn't produce the Bill of sale? Without that you may be sunk.

[QUOTE=rogers4482;1385126]

Quote:

Originally Posted by JudyKayTee

If your question is the service you take the documentation which proves the server could not possibly have served your wife. The Judge reviews the Affidavit of Service, your documents, takes any testimony, if you prevail he sets aside (vacates) the Judgment and the Plaintiff has to served you legally, a hearing will be scheduled, you'll both present your proof - IF he served you again.

Was that your question?[/QUOTE

Sorry... I was asking, could he get introuble for this (not serving correctly)?
also, I do not have the bill of sale but he doesand I do have all documents showing where my wife was and showing it wasn't in the lacation said being served. He has been ruining my credit for years now and I had no clue. I dont think that matters but I just dont think that it was fair.
and also does it look like I would loose a case like this?

Could he get in trouble? I would say not. You would have to prove some malice. He will say he said, "Are you [fill in the name]" and she said she was. It's an inconvenience to you and I realize that but I've never seen a process server charged with anything. Lectured, yes. Charged, no.

No, if all is as you stated I don't see you losing.

Quote:

Originally Posted by ScottGem

Other than to have the judgement vacated and him having to refile its unlikely he will be prosecuted for falsifying service.

And what if he doesn't produce the Bill of sale? Without that you may be sunk.

With out the bill of sale I'm sunk.. I thought it was for him to have. I know I had one for myself, but It was so long ago and many deployments. I don't know where to start to look for it or I would have already got it in hand by now. I thought that if he does have the bill of sale it would hurt me more. Being that I put if it doesn't pass smog I would pay for the part deemed to have a problem with getting it to pass.
I never put a warranty on it, I'm a priv. seller. I don't know how he drove it or what happand. He never called me after I spoke once on the phone when he said it broke down. I never had the chance to even talk about how or what he paid for. He could have got a bigger and better motor and a little extras in it for all I know...

Why can't I be a teenager living off my parents again where there are no problems in life huh?? HaHa!

You should both have a copy of the bill of sale for this very reason. Odds are you threw it out a long time ago.

As you've already been told, if you have documentation proving that it was impossible for you and/or your wife to have been served, then you'll be able to get the judgment vacated.