Legal Question in Intellectual Property in Texas

My husband and i bought a 18 wheeler so he could go into business for himself and the truck end up having a lot of problems. One problem is the wormgear was no good so we took it to brazos dozier and in the process of them fixing it they said the motor wasn't any good so they offered us a motor for 14,200 and that they would hold the title until we paid the 14,200 off (monthly payments of 1100) Well it took them 3 weeks to fix the truck and then when we got it back it was the was still not working properly due to some wiring issues so my husband took it back to them and so they have had the truck for going on 3 weeks. Now they have sent the truck off some where and will not give us the name or number to this place. The big problem is the first payment is coming up due on aug 1st and we still have not been able to make any money with this truck so that means we can't pay them. Can someone give us some advice please???


Asked on 7/24/14, 12:26 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

The first answer is that this is not related to intellectual property but rather personal property and you need to repost accordingly.

I take it the truck you bought was used so that you have limited recourse against the seller, which is why you had to get it fixed, even to the tune of $14,200 for a new motor. My advice is to talk to the repair service and explain the problem that you cannot make any money to pay the bill until you have the truck and they have delayed the truck. Then, talk to the loan company and try to get an extension due to the inability to use the truck to learn the money to make the payments. If they do not extend your due date by three months, I would suggest you go to a local Texas attorney and have a demand letter sent to the repair company demanding that they advance the payment due to their delay in fixing it, if it is their fault. If it is not their fault, then it becomes your fault for buying a bad truck and agreeing to a fixed payment date in advance of the time that you were sure you would have the money for the payments. My guess is this is all your fault and not the fault of the seller or the repair company, and that it is due to poor planning on your part and inadequate finances. The real solution of that is with whoever loaned you the money to hopefully get them to delay your first payment for a while to allow you time to get the truck and generate revenue. Otherwise, it sounds like you are likely to lose the truck to a repossession.

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Answered on 7/24/14, 1:35 pm


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