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I think I am being sued by prime acceptance on a vehicle I…

Customer Question
I think I am...

I think I am being sued by prime acceptance on a vehicle I let go back.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in texas

Lawyer's Assistant: What steps have you taken so far?

I still havnt been served.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well I bought the truck used with a supposed clean car fax, but found out after owning it about a year that the frame was bent and causing the front a-ram to break multiple times. Was scared for my family and me to even drive in it cause of the damaged frame. So I just let it go back

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/21/2018
Lawyer: Ely, Counselor at Law replied 3 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this situation. So in other words, you brought the vehicle back to the lot and drove off, correct?

What - if any - warranties were given to you which covered the issues? Or, none?

How do you know you're being sued?

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Customer reply replied 3 months ago
I'm getting phone calls that they want to deliver papers that I have to sign for. I let them come get the truck. The finance company that is.
Lawyer: Ely, Counselor at Law replied 3 months ago

Okay. What do you want to know in regards ***** ***** then, specifically?

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Customer reply replied 3 months ago
Could I counter sue the finance company, if I can produce witnesses that saw the frame measurements and produce photos of the broken a-arm on the truck that put me and my family in danger?
Customer reply replied 3 months ago
Being that they have already sold the truck in an auction. And now trying to sue me for the remaining balance.
Lawyer: Ely, Counselor at Law replied 3 months ago

Sorry, but no. To sue, you'd actually have to show that you WERE injured. But, you weren't. And you simply took the vehicle back (which is also not a lawful action - if there was an issue, you'd have to sue the buyer for fraud, warranty breach, etc). But you cannot simply unilaterally take the vehicle back.

You did, which means you defaulted on the contract, and they are now suing.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 3 months ago
They are in direct involvement with callah motor company from which I purchased the vehicle.
Lawyer: Ely, Counselor at Law replied 3 months ago

Sorry, but that does not change my answer.

1) If the vehicle is not working for some reason, you have the right to sue under any WARRANTY applicable, and possibly fraud. But you cannot simply return the vehicle arbitrarily and unilaterally say "I'm done."

2) You can only sue under warranty and fraud if you were actually INJURED or the vehicle was not WORKING. But your actions of giving back the vehicle hurts your case.

3) The best option now is to file an an ANSWER possibly claiming material breach (the vehicle was so bad that they breached their contract) and hope the court agrees. Let me know if you need a sample answer.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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