Ok so in late January 2008, In Kitty Hawk NC I purchased a car from an employee of mine.
(For your pleasure I will give some details lol)
We made a verbal agreement that I would pay him $150.00 every 2 weeks until the total balance of $1000.00 was paid off.
It was a 1996 Dodge Neon 4 door.
I paid a total of $300.00 for the car, in 1 month.
Now, every week or so I would drive this vehicle to Norfolk Va (about 100 miles) and only to and from work any other time (2 miles) so in the one month that I had already paid for the car I put only about 650 Miles on it.
During on of my trips to VA, the cars engine literally "blew-up"....according to the mechanics.... (4) that reviewed the car afterward, I apparently threw a rod and that broke off a piece of the head, of which flung into the fan, breaking off 3 blades, of which sliced a gash in the radiator.
I was told by the seller that there had been a new radiator put in, and a new starter. In addition to that I personally noticed that the speedometer only worked when it wanted to and the odometer was wrong due to that.
Now I was told by the person that put these parts on that he knowingly did a "half-assed" job. Not to say this was the cause, but finding this out after I write a contract is not so good news..
(I know my thoughts are disorganized but i promise u will see the whole picture)
So anyway, I wrote up the contract, with my signature, and 2 witnesses, and his (the seller) tho it was never "officially" notarized. The "contract" is dated 2-25-08 and stated I should pay the remaining balance of $700.00 by June 1st 2008.
This was before the car broke down or that I knew that it had any of these issues (with the exception of the speedometer--i knew that from day 1).
According to the mechanics, I was told that the car must have been leaking oil, or burning oil, making it "throw a rod".
Something never disclosed to me....now you tell me if you never see a puddle under the car n when u check it upon purchase, and see a good level, why would u need to check it again within 4 weeks?..of which I didn't do.
Back to the point, I owed him 700 bucks that I never payed due to the car being a Piece of S***.
I was contacted by the seller during the summer after the due date, claiming that he had a favor he wanted me to do, and that he would erase my debt for doing so but he couldn't talk about it over the phone and wanted to meet in person..
I was curious as what this could be and upon sever calls back n forth playing phone tag, i didn't get any info on what I was to be doing. It was arranged for the seller to come to VA n speak to me about this...and YES U GUESSED IT..he never showed for the appointed date, NOR the second one.
So I pretty much said ..Screw him and his $$, I made an attempt to clear this up with him and he never followed through. I get a call about a week or two later of the 2nd appointment with the seller leaving a voice mail saying never mind on the deal he wanted his cash.. I never received another call from him for over 6 months...
More recently I sent my old supervisors (co-workers) a text message with my new address so they could forward me my W-2 from when i worked at that establishment, and like buffoons, they posted the scratch piece of paper they copied it down onto in the stores office where all employees have access, and the seller still employed there, copied it down n shows up at my door step the next day.
Me not being there, and him continuing to threaten me via texts, I ignored him...told him that he wasn't getting his money because he hadn't made any arrangements in over 6 months.
Well upon returning from work tonight i get a nice pretty SUMMONS on my desk..yeah lovely..he is suing my for the $700.00, court costs, and travel expenses from him traveling to VA.
OK so here are my questions and I beg for your feedback....
1) Was it legal for him to "track me down" the way he did?
2) Can he actually sue me for not paying for a piece of crap car that broke down on me after 5 weeks of ownership?
3) Do I have to pay his travel expenses, NO-ONE asked him to come here, and better yet, he filed for the case in Virginia, the purchase was made in North Carolina, I just live here now.
4) If in court they say o well he sued me in the wrong state, can he go back to NC and refile?
5) Can he sue me after 6 months passing on the due date without any PROOF of contacting me?
6) Does the "contract" not being notarized, make it void and therefore not a legal binding document?
PLEASE GIVE ME ANY FEEDBACK POSSIBLE, EVEN SOMETHING TO COMFORT ME AND IF U ANSWER ANY QUESTIONS, LET ME KNOW WHICH ONE(S) U ARE ANSWERING, AND IF IT IS OPINION OR FACT.
THANKS--SHAWN