Legal Question in Civil Litigation in Virginia

Rights of a Repossessed Truck
This is the question. A truck was sold to a ''friend'' who orally agreed to pay off what was owed on the truck plus $2,000. He paid off the truck, but not the $2,000. He wanted the title, but we refused to give it to him until the $2,000 was paid. He forged our name to get tags on the truck and didn't put insurance on it. He came on personal property and ''knocked'' my boyfriend out cold because we wouldn't give hime the title. We let the police handle the assault. However, the truck was still the issue. The police went to his house, ran the tags and it was still in our name, plus we had the title. So the police towed it to our property. The man was told not to go near the truck without a police escort to get his personal belongings. He did so and took out the stereo and ripped the seats. He is now suing us for $10,000+ for the truck and the money he put into the truck. What are our rights since it was an oral contract and nothing was in writing. However, the truck was always kept in our name, and the title was always in our name. Please help!

Asked on 3/16/03, 12:57 pm

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

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Re: Rights of a Repossessed Truck

I agree w/Mr. Hendrickson, you need an attorney, because there's lots of issues beyond the specific question you asked. As to which, here's the simple answer from the Code of Va.: � 8.2-201. Formal requirements; statute of frauds. � (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing. ...

Answered on 3/17/03, 9:47 am

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