Check to see if your state has a ';lemon law';, many states do. You should sue him in small claims court for breach of contract. Look at your I owe you and your bill of sale, if he blatantly lied to you which it sounds like he did then you can sue him for damages. Most states small claims courts allow you to sue for up to $3000 dollars. Gather your receipts and total all bills up and sue him for that much, include the i owe you amount. Place all receipts and place them in a 9x11 envelope and mark as evidence. File at the court house, in NY it costs under $20 to sue, you represent yourself so make sure you do your homework and are confident and honest. The slimy salesman will most likely sue you in small claims as well, that's okay because you can tell your side. Avoid emotional outburst, facts only such as his statements, promises and receipts, explain his coercion into an IOU, which is unethical BTW. Small claims has no attorneys is just you and him, can be appealed by loser once but usually ends the same and then goes to city court which usually ends the same too. I went through this over a rental deposit before law school and was victorious through all three processes. Just stay calm, do your homework and draw out an easy to understand time line, and go on the offense rather than defense.I need Wise, legal advice?
Go on Judge Judy or the People's Court and counter sue him for misrepresentation, crappy car, fraud, etc.
And see if he has a pattern of doing this to other people (run his name thru the county courthouse records).
And yes, you can be sued. You need an attorney. Call Legal Aid if you cannot afford one.
Yikes! Wouldnt want to be in your shoes--good luck, okay?
Yes you can sue, and maybe you should.
But, get your evidence all lined up.
Did he sell you a car with a warranty, or ';as is';? Was the car so bad as to be not fit for commonly expected usage? (Sounds like it was, so you may have a case for misrepresentation.) But, does the evidence support your claim?
Is he violating any loan laws? (Probably not given that they are in the business and have learned how to stay out of trouble on that count.)
Best yo ucan do is make em an offer. Split the difference...they might accept and never bother you again!
If he sues you, it will be over the ';iou'; and the condition of the car isn't likely to be admissible. The debt will stand alone.
If the ';iou'; is just that, an ';iou';, it probably doesn't have a date when payment is due. If it does, it's a ';promissory note'; and will be enforceable. If it just says you owe him the money, but not when, then it would be difficult for him to take it very far in court as there's no way to determine from the document that you've actually broken the promise.
If it's a promissory note, you're probably stuck.
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