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Old 01-04-2009, 02:12 PM
 
4 posts, read 12,538 times
Reputation: 11

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Long story short, we sold our vehicle to a dude a few years ago. It was a "friend of a friend". I was having our second baby and moving, and the paperwork got lost in the shuffle. It was a 1980 GMC truck, and my husband sold it for cash.

A month later we got a tax statement in the mail saying it was time to renew the tag for the truck. I went to the tag office and told them we sold the vehicle but did not keep the tag. In Georgia it was not a law to keep the plate until recently. Anyhoo, we filled out some form that said we sold the vehicle on such and such a date. Done and done.

Months later we get a letter from a subrogation company telling us our vehicle was involved in a hit and run collision and that we are responsible for 10,000 dollars worth of damages. We get on the phone and call the fella who bought the truck. He swears he will take care of it. I called the police and asked what I could do, they came over and wrote a report. Mostly because it was a hit and run and this guy is on the loose! So I have those records as well.

In the meantime, it goes to another lawyer, in Atlanta. At this point, the buyer of the truck has signed an affidavit swearing he owned the vehicle and was responsible. Today we get a letter saying both parties must appear and that
1. He borrowed the vehicle and got into the collision and
2. We were negligent to have let him borrow it and that we are the owners of the vehicle.

What I don't understand is, if his testimony that he did the damage was good enough to convince a judge to add him to the case, then we are we still being sued? They just sort of made up the whole part about borrowing the vehicle. Neither us or the dude who bought it from us ever said anything about that. He told the lawyers he purchased it from us.

The lawyers office, when we spoke to them, alluded that the fella who bought the truck "wasn't all there" and did not think he would be responsible enough to pay. I mean, I don't think he even has a job.

To be frank, my husband really dropped the ball on this and I am pissed off, mostly at him for not following through better. But what I don't understand is, if this dude is swearing he did it, and now he is being subpeoned as well, why aren't the charges on us dropped? Their attorney said that if the judge accepted his affidavit that is what would happen, and now there's this whole new scenario of us having loaned the vehicle to him. I don't understand!

Thanks for any help! suffice to say we have 2 kids, work retail and my husband is in college full-time, so we don't have 10 grand either! If we did it that would be one thing, but we didn't, and not only that, the person who did is owning up to it!!
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Old 01-04-2009, 02:15 PM
 
Location: Marietta, GA
7,862 posts, read 15,229,724 times
Reputation: 3576
No sense going over all the things you shouldn't have done or omitted, but you see what not paying attention to details can bring. Best advice is to get a lawyer ASAP.
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Old 01-06-2009, 08:14 AM
 
1,474 posts, read 3,172,408 times
Reputation: 2056
Having worked in a "tag office", I can tell you I saw this frequently where someone sold a car, turned over the keys and the title to someone and forgot about it.

As the previous poster said, you have to get an attorney otherwise there will be a summary judgement against you by the court.

Sorry for your situation.
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Old 01-06-2009, 08:27 AM
 
6,261 posts, read 7,086,274 times
Reputation: 3149
Where is the title for the truck? Did the buyer take possession of the title and sign it?
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Old 01-19-2009, 02:30 PM
 
23 posts, read 82,088 times
Reputation: 13
Until it is retitled and registered in the other person's name, it is still legally your vehicle and you are legally responsible for anybody that you allow to drive it.
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Old 01-22-2009, 09:10 AM
 
Location: Richmond
70 posts, read 177,441 times
Reputation: 40
Yep! That's life in Ga. The lazy people make life bad for the rest of us.
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Old 01-22-2009, 09:26 PM
 
Location: Here and there
1,808 posts, read 3,686,215 times
Reputation: 2021
lilnaynay,

Ugly situation. Look at it from the other direction. Who can an insurance company actually get some money from, the other dude... or you guys? You need a land shark. Get a good one.
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Old 01-25-2009, 02:11 PM
 
36 posts, read 124,252 times
Reputation: 27
Quote:
Originally Posted by neil0311 View Post
Best advice is to get a lawyer ASAP.
lawyers are the reason they have a problem now!!!!!!!!!!!!!
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Old 01-25-2009, 05:35 PM
 
9 posts, read 27,537 times
Reputation: 13
Well, if there's any paper trail to support that you exchanged the ownership - bill-of-sale - that should be sufficient enough. Moreover, you should reproduce whatever document you received from the tag office way back when. With that, along with his affidavit that he'd purchased the vehicle, you SHOULD be able to get yourself removed as a defendant.

If that doesn't work, and if the attorney continues to pursue this matter, you will need to inform him that you will ask for a SUMMARY JUDGEMENT in any civil action. Essentially, the SJ is a legal mombo jumbo, stating that there's no evidence that you contributed/caused/created the cause of action. Moreover, if you have to hire an attorney to assert your claim for SJ, you will expect all your costs to be reimbursed by his client, the insurance company.

Lastly, if by some slim chance that you are deemed the owner of the vehicle, and the transfer hadn't officially taken place, your personal auto policy should cover the claim, if you hadn't removed the vehicle from your policy.

Good luck
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Old 01-26-2009, 08:37 AM
 
Location: Acworth
1,352 posts, read 3,951,278 times
Reputation: 472
Couple years? You have a contract of the sale, you recorded the buyers name on the title? You went through the DMV?

it will be laughed out of court and you can counter sue for harassment. However, them coming after you tells me you never recorded and transfered the title! Bad mmk

His insurance will have to cover it. If he does not have insurance (how i am not sure since GA has been suspending registrations automatically for that), the victims uninsured motorist clause will cover it. Sounds like you are being sued for extra money after some loud mouth attorney found out you owned the vehicle. Why you still legally own the vehicle is beyond all logic. But since it has been a long time its a joke; scare tactics. If are court savvy you don't need an attorney on this, but if you are not, sadly it will probably cost you 10k to not pay the 10k...
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