My question involves a consumer law issue in the State of: Texas
Backstory:
Had a car at a consignment lot with a monthly contract to sell my car for $3000. The car, to my knowledge, was not sold. I put it on eBay and sold it for $2650. The month was up at the consignment lot and was told they had sold it weeks before at $3500 and did not notify me. The lot agreed to pay me the $2650.
After several weeks of trying to obtain the money, gave up and sent a demand letter.
After no contact, filed suit in small claims court for $2650.
Spoke to a police officer who went to the dealership and did not get anywhere. He recommended that I report it stolen.
I did. The car was recovered. The woman who purchased the car from the consignment lot claimed it was her property so I went to a property hearing. I still had the title. The car was released to me.
It was in poor condition (after being in the woman's possession and on an impound lot for months) and sold for $1600.
Now my original small claims court date is coming up. I got the car back, so I can't ask for the value of the car. However, I was without the car for 219 days, I paid eBay fees for the canceled sale and it was sold for $1,050 less than the original amount. There is also a matter of $90 in parking tickets for not being able to move the car after retrieving it from the impound lot.
How much should I legally ask for (damages, pain and suffering, etc.)? Can I stick to my original amount? Should I stick to the original story of the case and not mention getting my car back? Can I change the amount now that the circumstances have changed?
I've never been to court before and I'd love to hear your advice. Thank you!
Backstory:
Had a car at a consignment lot with a monthly contract to sell my car for $3000. The car, to my knowledge, was not sold. I put it on eBay and sold it for $2650. The month was up at the consignment lot and was told they had sold it weeks before at $3500 and did not notify me. The lot agreed to pay me the $2650.
After several weeks of trying to obtain the money, gave up and sent a demand letter.
After no contact, filed suit in small claims court for $2650.
Spoke to a police officer who went to the dealership and did not get anywhere. He recommended that I report it stolen.
I did. The car was recovered. The woman who purchased the car from the consignment lot claimed it was her property so I went to a property hearing. I still had the title. The car was released to me.
It was in poor condition (after being in the woman's possession and on an impound lot for months) and sold for $1600.
Now my original small claims court date is coming up. I got the car back, so I can't ask for the value of the car. However, I was without the car for 219 days, I paid eBay fees for the canceled sale and it was sold for $1,050 less than the original amount. There is also a matter of $90 in parking tickets for not being able to move the car after retrieving it from the impound lot.
How much should I legally ask for (damages, pain and suffering, etc.)? Can I stick to my original amount? Should I stick to the original story of the case and not mention getting my car back? Can I change the amount now that the circumstances have changed?
I've never been to court before and I'd love to hear your advice. Thank you!
Sales Agreements: Consignment Lot Refused to Pay After Sale
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