Ok so I promised a transcript of court for y'all... there was a lot said in court but I will post it bit by bit until I get done with the whole thing...
Got to court with my wife and my dad about 10 minutes early. Sat outside the courtroom and watched as some sketchy looking guy paced around, looking at the court docket and looking around. He left about 2 minutes later. The bailiff opened up the court room and my group walked in. We sat there for a few minutes talking about the recent earthquake to the bailiff until my defendant came in. He was with his son (who was there when I bought the bike), a police officer I had never seen before, and the detective who had originally come to my house. I couldn't figure it out before, but the detective looked really familiar and I had told him that day that I knew him from somewhere. When he stepped into the courtroom, my dad immediately recognized him as the husband of a VERY close friend of the family! So THAT'S where I knew him from! Defendant said he had one more witness that was making his way to the courtroom, it was the guy who sold him the bike. Guess who it was? The sketchy looking guy from earlier! Baggy jeans, beat up tennis shoes, a tee shirt, and dirty looking dreads held together with a rubber band. The bailiff made him step outside and tuck in his shirt.
Seeing how many witnesses Defendant had called kinda made me nervous because I wondered if he had found some loophole that I hadn't heard of. My heart was beating out of my chest for a few minutes until I heard the Judge's door open. ALL RISE! "Ok, game time" I told myself. The judge called the court to order and called the two parties, swore in the witnesses, and instructed me to take the plaintiff stand and him take the defendant stand. She was very stern as she reminded me that I bear the FULL burden of proof and that at NO time does the burden of proof shift from me. I was not phased, because as you all have probably read, I've done my homework to get ready for this day. She reminded both of us that when we speak, we are to stand, and that after we speak we may be seated. She told me, as the plaintiff, that I had the opportunity to give my side of the story and then offer a rebuttal to any of his points at the end. So I began. "On April 11, 2011, Defendant and I entered into a contract for the sale of a 1998 Honda Motorcycle, a CBR900RR. Defendant presented himself as the legal owner of the vehicle, was in possession of a seemingly valid title, and gave no reason to believe otherwise. I paid him the sum of X dollars for the vehicle. I found out on June 14, 2011, after having titled and registered the vehicle the same day I purchased it, that it was actually stolen as of August 15, 2010, from an individual in Franklin County, Virginia. I contacted police to figure the situation out and to see if the vehicle was truly stolen or if it was marked so due to misfeasance. Upon investigation, it was found out that the vehicle was indeed stolen, and it was impounded from my property that day. I contacted Defendant to let him know about what happened and to inform him of my options for recourse. During the 2 months I owned the vehicle, I put X dollars into it during reasonable care and maintenance, and that is why the amount on the docket is more than the amount I paid for the vehicle. I claim that as incidental damages under Virginia code xxx pursuant to Virginia code xxx, where it states "There is in a contract for sale a warranty that the title is good and rightfully transferred." Since Defendant was not the legal owner of the vehicle as evidenced by it being reported stolen as of August 2010, he was in possession of a defective title which he passed on to me. Also, as a 3rd party not in legal ownership of the vehicle, he was not able to rightfully transfer title or possession to me. The vehicle sale, at tender, was in breach of the warranty of title as I previously stated. I am within the four-year statue of limitations outlined in Virginia code xxx." Then I sat down. The judge nodded her head in satisfaction, probably due to my good vocabulary and knowledge of state code. She then turned to Defendant and said "How do you answer?"
Anybody enjoying this so far and interested in hearing the next part? I don't want to type all this for nothing, haha.