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Tina
Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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Okay, so very weird question. We are a small car dealership

Customer Question

Okay, so very weird question. We are a small car dealership with some credit sales (aka loans) on the books. We are trying to repo a car for non payment. Now the customer sued us (which is great, because we might be able to repo the car now). Anyways, we are trying to figure out if we should counter sue now, or if we go in front of the judge if he will give back the car to us without counter suit. We want to keep this small claims or arb, we do have an arb clause. I look forward to your help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does the arbitration clause compel both sides to seek arbitration rather than filing a lawsuit?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Disregard the ARB, sorry. This contract was written before we switched over. The rest of the statement should be accurate.

Expert:  Tina replied 1 year ago.
Ok, very good, Josh.

Yes, since you do wish to repossess the vehicle, you should typically file a counter-claim requesting the relief you seek from the court rather than simply defending in the suit filed by the borrower.

It's possible for the court to grant you relief even if you do not file a counter-claim, but many courts would not, so the prudent course of action is to file a counter-suit.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina



Customer: replied 1 year ago.

I have never sued for specific action, on for repayment of money. What do we sue for? Is there a name? Or do we sue for cash then accept the car as some sort of settlement?


 


Thanks!

Expert:  Tina replied 1 year ago.

Yes, you would typically sue for damages, seeking a monetary award and accept the vehicle in lieu of payment. A small claims court does not typically have the authority to grant anything but an award for damages. They cannot grant equitable relief such as an injunction or return possession of personal property normally.

You are very welcome!

Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32721
Experience: 17 years of legal experience including real estate law.
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Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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