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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 33760
Experience:  15 years practicing attorney, JD, BA, MBA
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I bought a brand new mercedes benz & sold it after 2 months

Customer Question

Hi, I bought a brand new mercedes benz & sold it after 2 months because it was small now mercedes benz is sueing me for $15k for liquidated damages because they said i signed a non export agreement which i dont remember signing, They are asking me to settle out of court for $10,000 or go to trial in a civil court, some one advised to go to court but other are saying to settle, please advise, The car was financed & paid off before it was sold
Submitted: 1 year ago.
Category: Business Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If you signed the non-export agreement, which is common with expensive, high demand cars, then they would have to prove that you violated the agreement or that you knew that this was going to occur and you were merely the "straw man" that the transaction was done through so that it could ultimately be exported..
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This is kind of a high burden for them to reach because they have to prove intent. With that said, an attorney is likely going to cost you $5K at least to defend this case through to the end and if you lost, you have paid your attorney as well as the $15K.
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Even though this is not a tremendous amount of money, your attorney fees might end up at $8-10K if it goes to trial and even if you win, you are out that money.
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With that said, if it were me, if there is a chance that they can prove their case, it wouldn't be worth the cost to fight them to defend.
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thanks
Barrister
Customer: replied 1 year ago.

So does that mean i should settle out of court, because i dont have that kind of money, if i loose how much will i have pay in slow payments

Expert:  Barrister replied 1 year ago.
I can't tell you what to do because I am not your attorney. I am just telling you what I would do if it were me.
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I don't know what you mean by "slow payments"...If you lose the court case, then the plaintiff can demand full payment at once and use the judgment to try to seize bank accounts, garnish wages, and lien real estate to collect on the judgment. They don't have to accept payments.
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thanks
Barrister

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