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Defendant sold me a vehicle without an endorsed title. Title

is from out of state...
Defendant sold me a vehicle without an endorsed title. Title is from out of state. Had pre-warrant hearing @ hearing judge said I had grounds to pursue warrant or defendant could make a deal with me. We made a deal as made by judge. Defendant did not show, because he has a lawyer. When I filed for the criminal claim I also filed the civil claim. The civil warrant dropped two days after we made agreement. I did not have a chance to cancell the civil. I believe thats why he pursued the attourney. His lawyer said the defendant should not have to pay because they think they can find the title holder in the other state, his lawyer also believes he made agreement without legal council and was under duress possibly facing charges. Therefor they did not show and said they were not paying me.
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Answered in 1 minute by:
5/1/2010
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
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Hello there:


I understand the situation. What is the legal question that we can answer for you today?

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Customer reply replied 7 years ago
What do I do from here? Can he really get out of this deal with an attourney even though we had a written agreement in court? Do I need a Lawyer?

Hello again:

 

you said that "His lawyer said the defendant should not have to pay because they think they can find the title holder in the other state, his lawyer also believes he made agreement without legal council and was under duress possibly facing charges."

 

There are two parts here. The first part is his assertion that he should not have to pay because they think they can find the title holder in the other state.

 

The solution to party one is easy: if they can find the person, terrific! So why have they not done it already? If they can do it, do it. Otherwise, their promises of what might be possible is irrelevant.

 

Part two is the issue of duress. This has to be one of the weakest argument that I have ever heard. I am not worried for you based on what you have said.

 

Do you need a lawyer? It is always a good idea to seek counsel when it is economically feasible. It may not change the outcome, but it can guarantee that your rights are protected.

 

Let me know if I may be of further assistance. Thank you.

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Customer reply replied 7 years ago

The reason this is going as far as it has, would be because the vehicle broke down with a bad transmission 10 hours after purchased. I tried to get a title from tag office. The tag office stated that the Kansas owner never signed the title over to the defendant..therefore the defendant could not sell it to me. So I pursued theft by deception..and filed civil action..the prewarrent hearing agreement stated he would meet me yesterday with the amount agreed upon, and I would give the van and title back to him. The lawyer said he is disputing the fact of this being a criminal action and said its a civil action...

 

I guess my question is...we had a court issued agreement..we did not sign, but it was done in court, and the judge drew this up. We both have copies and were ordered to satisfy. Is there anyway that they can bail on the agreement that was made in court? Also I had been talking to an attourney, and as it turns out these attourneys know each other, but the defendants will not return my "lawyers" call.

 

..but I was not paying him he was just kinda trying to point me in the right direction..so wat do i do now?

Hello again:

 

it is not that an agreement in court can't be vacated, but the circumstances have to be pretty extreme; I seriously doubt that this would qualify. It is possible that his attorney is just telling him what he wants to hear and taking his money.

 

As for what to do now, the main thing is that you need to respond to anything that the other party files; you already received what you need from the court--the burden is now on the other party to prove their case.

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Customer reply replied 7 years ago
Last question I promise lol...When I go back to the court house how do I file this new claim..civil? Criminal? ...and what charges do you "think" I should pursue now? Contempt? Fraud? and can I increase the amount I originally wanted?..last time I bug you. Thanks

It is not at all clear to me why you would need to go back to court to file any claim; you already have the order that you need, it is just that the other party is trying to get that order set aside. Hypothetically, if the last order is set aside, I would start from scratch and pursue both criminal and civil charges, and you could (and perhaps should) ask for whatever amount compensates you---regardless of whether that is more than what you originally asked for.

Brandon M.
Brandon M., Counselor at Law
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Satisfied Customers: 12,620
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Customer reply replied 7 years ago
Thanks very helpful.
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Brandon M.
Brandon M.
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