O/T Bad Truck Deal - (UPDATE)

We I was served, and I appeared this morning. Left the Farm at 7:00am to be in North Detroit at 9:00am. I got there 1/2 hr early and checked in. They the Plaintiff showed up 10 minutes after 9:00, so as the mediators were getting the cases for who was there, I was at the bottom of the pile. Because this gal counlnt get out of bed.

So we both finally go into mediation, she starts about how bad the truck is and blah,blah, blah.
Thye mediator looks at me as say well?

I opened my folder and told her Under The State Law MCL 600.1621 and MCR 2.221. The county in which a defendant resides, has place of business, or conducts business, or in which the registerd office of a defendant corporation is located, is a proper county in which to commence and try and action...This case is clearly in the wrong venue.
And I will ask the Judge to Dissmiss this morning due to the Improper Venue. The mediator went sinent put her pen away and said "ok".


We went in to see the judge. I stated my facts, The judge looked to her and said do you hear what he just said? The mouthy gal started to tell her story twice and the judge stopped her twice and told her to listen. Finally he told her that he was going to dismiss the case. And she could re-file in the proper venue (near my home) not 1 1/2 hrs away. And she might want to hire a lawyer because if he were me thats what he would do.

Then she finally shut-up, judge ruled, I could hear her sobbing as I left (We cant afford an lawyer).


OH well, hopefully thats the last of it.

Is this the one where someone bought an old junker off of you ?

How did they get money to serve you ? or was that free ? aren't things as-is unless a warranty offered ?

Well done.

Congrats! Surprised it went that far.

I"ll bet she isnt done yet. I hope you dont hear from her again, but you probabaly will.

Good for you.

If she does go through the trouble of filing up where you live... Sounds like she still does not have a leg to stand on as she is just bitching and complaining no leagle ground to stand on.

Go back into the MCL and MRC and pull line and verse about private vehicle sales etc. that support your side.

Type out your account of the facts ASAP and sign as an affidavid in front of a notory. This will place the facts on paper closest to the incident as we know the memory is flawed.

Get a transcript of the mediator's secession and the court secession... Thus, if her story changes, and it will, you can point to the incansistancies and bring into question her memory of the whole account. i.e. point her story does not accurate follow the facts. (do not need to get until necessary, but do note down the Judge name and case number now, while you remember them)

Hope this works out.

Did you ever verify the title transferred to their name? If not how did you clean up that issue?

Gotta have that "as is" written in the bill of sale along with "absolutely no warranty implied" to cover yourself from "people" like that...........

As long as you didn't misrepresent what you were selling you have nothing, legally, or morally to be concerned about.............

Looks like you did the proper thing and had your stuff together.

Hope that is the end of it. I quit putting ads in one place because I did not want to deal with selling to deadbeats, tweakers, and others. It was not worth the hassle.

On bill of sales I have the buyer sign ends with "as is as shown". Have them flip the title into their name before they get the keys. That that is another long story.

Devil's advocate here... what was her problem with the truck that she thought she needed to drag you into court?

Good deal

Now that is FUNNY! I went to court and although I didn't get as much as I should have, I won. Then the judge said I could speak to costs and I got another $250. Then the -itch from the other side stands up and asks about costs for their preparation time. The judge says rather sternly, you lost! The plaintiff didn't get all he was asking for, but you lost! The jurisdiction thing is the same as with any traffic laws. They have to be handled in the district they occured in. You should even be able to apply for costs for 3 hours of travel time to get there because you won. It would have cost her a little to file the claim and I don't think she can get it back. She will have to pay to refile in the right county as well. If she does refile, counterclaim for the 3 hour drive and all the time took for the first court appearance. I bet the judge told her to get a lawyer because he knows she will really peeve another judge. Also because he knows a lawyer will inform her she would lose. Even though the judge dismissed the claim, I'm sure he would have reviewed the pleadings from both sides. If you get served again and have to go back to court, I think you would have a chance at getting additional damages for such a ridiculus claim. She was probably late for the mediation because was trying to make you think she wouldn't show and then show up and scare you. Either that or she didn't have a road worthy vehicle to get there. Dave

Hi for them that asked here is a link to the first post about the truck deal. Just did a search on the name and found it.
What gets me is who in their right mind that knew the truck needed an exhaust and trans lines were bad and needed replaced before could even move the truck then should have had a clue that the rest of the lines might be bad after sitting 2 years.
I know anything I have ever sold no matter what it was I always put "sold as is where is condition" on the bill of sale. Don't know if this would totaly clear me on any sale but would go a real long way.
First truck Post

By the way I ment the buyer should have known what he was buying after the truck sitting so long. Sounds like the seller went out of his way to help and was honest about the condition of the truck. Sounds to me like guy wanted the truck, wife wanted the money. Would have hated to have been that guy when he got home.

Was thinking about this some more...

If you sold the truck to the husband and he purchased it to put in his name... this was a deal between you and him. Not her.

Does she even have a claim. She is not an interested party.

Another thing to use if necessary. Obviously he is not persueing the matter.