Tyler's Touch Posted August 7, 2008 Report Share Posted August 7, 2008 Hey all, I was just wondering if anyone here has been to small claims court? I was notified of a hearing this upcoming Tuesday. As some of you know, I lost my liscense due to an uninsured auto accident in the fall. We needed to reach a written and signed agreement between me and the other party in order for me to get re-instated, which we did. Now the other party doesn't "like" the agreement we agreed upon, and wants to take me to court to try and get out of my agreement and make a new one of his own. This is now his 2nd attempt, as his first attempt was overruled and approved and signed by the judge because I sent in the agreement that we had. Now he wrote to the court saying he was upset that the court approved our agreement. So now he has his own "addendum" and wants me to enter into "his". I'm kinda nervous as I've never been to court at all. Has anyone been? I mean hell I'm only 21 I'm not a criminal. I'm an honest hardworking guy who also helps day in day out with the Fire Department as well. For lack of a better word this guy is really "white trash". Any suggestions and input would be great, as I don't have the capital for a lawyer. Thanks SS members. Quote Link to comment Share on other sites More sharing options...
Stitches040 Posted August 7, 2008 Report Share Posted August 7, 2008 (edited) Any suggestions and input would be great, as I don't have the capital for a lawyer. "He, who has himself as a Lawyer, has a Fool for a client" - Unknown Edited August 7, 2008 by Stitches040 (see edit history) Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 7, 2008 Author Report Share Posted August 7, 2008 "He, who has himself as a Lawyer, has a Fool for a client" - Unknown Thanks Shuan lol oh hey can you believe I'm now driving an old P71 I love it! Quote Link to comment Share on other sites More sharing options...
CenWaSS Posted August 7, 2008 Report Share Posted August 7, 2008 Typically if you and the other party agreed and signed an agreement, it should stick. Just like a contract. I'd point out the fact how many times the other party has tried to change the agreement, where's it gonna end? Good luck Oh and keep up on the insurance next time... Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 7, 2008 Author Report Share Posted August 7, 2008 Typically if you and the other party agreed and signed an agreement, it should stick. Just like a contract. I'd point out the fact how many times the other party has tried to change the agreement, where's it gonna end? Good luck Oh and keep up on the insurance next time... Thanks for the tip...and I now have insurance lol Quote Link to comment Share on other sites More sharing options...
Black2003SS Posted August 7, 2008 Report Share Posted August 7, 2008 Small claims court parties are not allowed to have attorney representation in most cases, unless the party is a corporation at which time the corporation can appoint a representative to appear on its behalf. In most cases, that would be an attorney. Small claims court is just that, small potatoes. Go in there and do not offer any more than asked by the judge. Remember, when it comes to law, 99% of the time less is more, got it? Present the contract and stick to its contents. If the plantiff said anything verbally to you and you have any witnesses to that fact or to signing of the contract, etc you might want to consider taking them. But also, just because he signed a contract, doesnt mean he is obligated to not sue. Some states have laws that grant rights to people whether they signed a contract or not, it really depends on the state law, which he might be trying to exploit. However, I believe that in most cases your contract would be upheld and his case denied. I also recommend filing a countersuit for frivolous action on behalf of the plantiff as this is the second time you allege he has tried to sue you. You may not necessarily file now, but at least mention to the judge how the constant filings have brought you undue hardships of having to take time off of work, etc. If this guy is white trash and is just looking for a quick free meal, most judges will recognize that if they are worth anything. Be honest, be short in your answers. Be extremely direct. If the judge asks you a yes or no question, answer yes or no, dont go into a 60 second explanation, even if the answer makes you look bad. Ask the judge for permission to explain your yes or no answer if you are compelled to do so, but always be honest, they will catch you in a lie most of the time. Remember, they do this for a living. Quote Link to comment Share on other sites More sharing options...
CoolBlueSS Posted August 7, 2008 Report Share Posted August 7, 2008 Small claims court parties are not allowed to have attorney representation in most cases, unless the party is a corporation at which time the corporation can appoint a representative to appear on its behalf. In most cases, that would be an attorney. Small claims court is just that, small potatoes. Go in there and do not offer any more than asked by the judge. Remember, when it comes to law, 99% of the time less is more, got it? Present the contract and stick to its contents. If the plantiff said anything verbally to you and you have any witnesses to that fact or to signing of the contract, etc you might want to consider taking them. But also, just because he signed a contract, doesnt mean he is obligated to not sue. Some states have laws that grant rights to people whether they signed a contract or not, it really depends on the state law, which he might be trying to exploit. However, I believe that in most cases your contract would be upheld and his case denied. I also recommend filing a countersuit for frivolous action on behalf of the plantiff as this is the second time you allege he has tried to sue you. You may not necessarily file now, but at least mention to the judge how the constant filings have brought you undue hardships of having to take time off of work, etc. If this guy is white trash and is just looking for a quick free meal, most judges will recognize that if they are worth anything. Be honest, be short in your answers. Be extremely direct. If the judge asks you a yes or no question, answer yes or no, dont go into a 60 second explanation, even if the answer makes you look bad. Ask the judge for permission to explain your yes or no answer if you are compelled to do so, but always be honest, they will catch you in a lie most of the time. Remember, they do this for a living. That pretty much sums it up. Be honest, because most of those judges can, and will, bust you in a lie. That can also work to your advantage, as it sounds like this dude is trying to get something for nothing. Most don't like it when people tie up the court system with frivilous BS lawsuits. Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 7, 2008 Author Report Share Posted August 7, 2008 That pretty much sums it up. Be honest, because most of those judges can, and will, bust you in a lie. That can also work to your advantage, as it sounds like this dude is trying to get something for nothing. Most don't like it when people tie up the court system with frivilous BS lawsuits. Thanks so much for the advice, that really helped me out a lot! Quote Link to comment Share on other sites More sharing options...
misterp Posted August 7, 2008 Report Share Posted August 7, 2008 Without knowing all the details it's hard for me to give concrete recommendations, but I do agree with Black2003SS. Feel empowered, because you have a legal contract that's been looked over by several judges so I going to say you've gotta be in the right on this one. It just sucks you gotta take time off to appear for this BS. And yes the first time the other party fails to abide by their part of the agreement I would drag THEM back into small claims. Mr. P. Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 7, 2008 Author Report Share Posted August 7, 2008 You got that right Mr. P I hate to take time off of work for something I'm making right on. Total waste of time! Thanks for the input I love the SS guys standing behind me<----wait that didn't sound right but I'm posting anyways lol. Quote Link to comment Share on other sites More sharing options...
FireRescueSS Posted August 7, 2008 Report Share Posted August 7, 2008 dont go into a 60 second explanation Like your reply? Just playing! Yup, I agree fully. Good Luck! Quote Link to comment Share on other sites More sharing options...
Bad Bowtie Posted August 8, 2008 Report Share Posted August 8, 2008 Everything they guys above said, plus I would dress nice. Wear some khaki slacks and maybe a polo shirt with the Fire Dept logo on it...? Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 8, 2008 Author Report Share Posted August 8, 2008 Everything they guys above said, plus I would dress nice. Wear some khaki slacks and maybe a polo shirt with the Fire Dept logo on it...? I thought about doing this lololol Quote Link to comment Share on other sites More sharing options...
FireRescueSS Posted August 8, 2008 Report Share Posted August 8, 2008 I thought about doing this lololol What next? Tone Test? LOL! Might help, or might tick off the judge, lol. Quote Link to comment Share on other sites More sharing options...
Fireman31 Posted August 9, 2008 Report Share Posted August 9, 2008 Everything they guys above said, plus I would dress nice. Wear some khaki slacks and maybe a polo shirt with the Fire Dept logo on it...? No no no, don't throw that into the mix, your FD carrer has nothing to do with the case....suit and tie IMO. Quote Link to comment Share on other sites More sharing options...
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