Sick Of Waiting: Elio Motors Trike “owners” Start Filing Lawsuits

[booboo]

I read about this a few days ago. Did not bother mentioning it here. Now everyone is wringing their tiny hands.
Picture of P4 under the chandelier.
https://cleantechnica.com/2017/01/2...ack-2018-owing-financial-problems-reportedly/

 

[Coss]

For a single person to do it, then no, it won't go anywhere. This is a small claims court item and this guy will lose. If it became a class action lawsuit, then it could get traction. In this day of age, no matter what a contract says, you get enough money behind it, lawyers figure out a way.

It would not surprise me that this person is trying to turn it into a class action lawsuit, thus the article.

In the long run, they would end up spending more money in legal fees then the $1K they could possibly get back.
If it goes to a class action the people on the suit would end up getting $1.09 and the lawyers walk away laughing.


<note the $1.09 is the amount from the Steve Martin movie, "The Jerk">

 

[Smitty901]

There is nothing to file. Some time back we were offer a seat at the table. Many of us paid a buy in fee. Some of us purchased a $1000 seat. We like the front row. We rolled the dice on a long shot. The dice rolled around the table for some time.
We crapped out. That is what happens when you step out in front. Some times you win big some times you lose it all.
One thing for sure we had a pretty good idea where it was going when we paid at the door.
My only regret is I really wanted that dam thing. I wanted 2 really.
Someday someone will find my unopened ELIO T shirt because it is unopened it may bring a couple dollars.

 

[Doug McDow]

There is nothing to file. Some time back we were offer a seat at the table. Many of us paid a buy in fee. Some of us purchased a $1000 seat. We like the front row. We rolled the dice on a long shot. The dice rolled around the table for some time.
We crapped out. That is what happens when you step out in front. Some times you win big some times you lose it all.
One thing for sure we had a pretty good idea where it was going when we paid at the door.
My only regret is I really wanted that dam thing. I wanted 2 really.
Someday someone will find my unopened ELIO T shirt because it is unopened it may bring a couple dollars.

It is not over! Stay kool!

 

[Coss]

It is not over! Stay kool!

Agreed, here we go with the naysayers again........
One clown files a lawsuit and everyone runs around "it's over it's over"
Do that after the lawsuit succeeds (which it won't) in the meantime, the fool that filed it is feeling like king of the hill.
Wait till he finds out it's a fire ant hill he's standing on.

 

[BilgeRat]

I ain't skeerd!

 

[Ekh]

OK. First, the guy's lawyer tell him not to sue. Which venue is the suit lodged in? Small claims? Laughable. Federal court? Ditto.

Second, his lawyer asks how he has been damaged. He must prove monetary damages. Is he an all-inner or a want-in? If he's a want in, he can have his money back. If he's an all-inner, the contract is pretty clear (though I haven't read it lately) that no guarantees whatever are provided except a spot in line when and if the car is produced. No damages there.

If it IS small claims matter, there is no recovery for punitive damages. Just out-of-pocket. And of course, if he defends himself, he has no legal grounds to bring the suit or to win it.

If he does have a lawyer, the fees will exceed the possible recovery.

In short, this is yet another shit-stirring stick being waved around by Gas2 etc. Forget it.

 

[Elio Amazed]

OK. First, the guy's lawyer tell him not to sue. Which venue is the suit lodged in? Small claims? Laughable. Federal court? Ditto.

Second, his lawyer asks how he has been damaged. He must prove monetary damages. Is he an all-inner or a want-in? If he's a want in, he can have his money back. If he's an all-inner, the contract is pretty clear (though I haven't read it lately) that no guarantees whatever are provided except a spot in line when and if the car is produced. No damages there.

If it IS small claims matter, there is no recovery for punitive damages. Just out-of-pocket. And of course, if he defends himself, he has no legal grounds to bring the suit or to win it.

If he does have a lawyer, the fees will exceed the possible recovery.

In short, this is yet another shit-stirring stick being waved around by Gas2 etc. Forget it.

The link to all the details is in that article.
I realize you probably got your terms mixed up...
But last I heard the plaintiff doesn't do the defending.

Here a couple of the details revealed at that link. All-in for $1K.
Small claims in his state against Elio Motor's agent in that state.
No lawyer. And you don't have to have legal grounds to bring a case.
When you do, it's up to the defendant to show up and prove you wrong.
This is civil court, not criminal court.

You have to consider that it's like disclaimers.
Just because you put them up at your place of business...
Doesn't mean they're always worth the paper they're printed on...
It all depends on the Federal, State and Local laws in your area.
And... How those good ol' boys want to interpret them.

You'd be surprised to see what some down-home JPs come up with.
I wouldn't be as confident and dismissive as you are if I were EM.
I don't think it'll go anywhere either, but if I were Elio Motors...
I'd have someone there. JPs have a nasty tendency...
To award the plaintiff if the defendant is a no show.

 

[W. WIllie]

But he apparently filed in TX, epecially using a JP. IIRR and Em is in Az? Jurisdiction in a civil matter will take presidence.

(just my opinion)

 

[Buckeyejake]

I would testify in court that I understood the framework of this deposit had no guarantees. So his argument is mute. Im sure there are many more $1000 depositors that would also testify to this.