Tyler's Touch Posted August 9, 2008 Author Report Share Posted August 9, 2008 No no no, don't throw that into the mix, your FD carrer has nothing to do with the case....suit and tie IMO. That's what I'm going with, def. Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 11, 2008 Author Report Share Posted August 11, 2008 Hey I've got a question, what do I call the "Frivolous Action" or "Vexatious Action" what do I ask for for a form for this. I've searched and can't come up with anything. Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 12, 2008 Author Report Share Posted August 12, 2008 Well guys, off to court tomorrow at about noontime. Wish me luck, I'm so nervous and I've got the upper hand...ugh the world sucks sometimes. Quote Link to comment Share on other sites More sharing options...
KJT13 Posted August 12, 2008 Report Share Posted August 12, 2008 good luck Tyler!! Quote Link to comment Share on other sites More sharing options...
Lefty Posted August 12, 2008 Report Share Posted August 12, 2008 Good luck! I hope everything goes in your favor. Quote Link to comment Share on other sites More sharing options...
BlackySS13 Posted August 12, 2008 Report Share Posted August 12, 2008 Tyler, First off, you will be ok. It's small claims. Secondly, it's only a hearing, which means you and the plaintiff (and that's it) will be stating their claim and defense if front of the judge. You won't be in front of him very long. The fact that the both of you settled, so to speak, is in your advantage. But that doesn't mean he can't try to introduce new evidence, (we call this Parol Evidence) that will bar the written contract. Hearings are a mere formality, the judge is going to decide if the plaintiff has a valid claim upon which relief can be granted AS A MATTER OF LAW...This means the judge is going to take into consideration what the plaintiff says, and then evaluate with the appropriate State Law, if his claim states a valid question (about the specific law) which will allow the plaintiffs case to proceed. Numbers are in your favor, the majority of things get dismissed, and if they don't, you can assert defenses. Just like the other guys said, dress nice and tell the truth. Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 12, 2008 Author Report Share Posted August 12, 2008 Tyler, First off, you will be ok. It's small claims. Secondly, it's only a hearing, which means you and the plaintiff (and that's it) will be stating their claim and defense if front of the judge. You won't be in front of him very long. The fact that the both of you settled, so to speak, is in your advantage. But that doesn't mean he can't try to introduce new evidence, (we call this Parol Evidence) that will bar the written contract. Hearings are a mere formality, the judge is going to decide if the plaintiff has a valid claim upon which relief can be granted AS A MATTER OF LAW...This means the judge is going to take into consideration what the plaintiff says, and then evaluate with the appropriate State Law, if his claim states a valid question (about the specific law) which will allow the plaintiffs case to proceed. Numbers are in your favor, the majority of things get dismissed, and if they don't, you can assert defenses. Just like the other guys said, dress nice and tell the truth. Ahhh good advice! I'm off to get dressed, will report back when I return! Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 12, 2008 Author Report Share Posted August 12, 2008 Ahhh I won! Only stipulation is the court wants to see that I have a full time job within 60 days so that I can prove my income that's all Quote Link to comment Share on other sites More sharing options...
misterp Posted August 12, 2008 Report Share Posted August 12, 2008 Congrats man! Mr. P. Quote Link to comment Share on other sites More sharing options...
eddieo818 Posted August 12, 2008 Report Share Posted August 12, 2008 congrats!!! and remember to never drive without insurance. Quote Link to comment Share on other sites More sharing options...
KJT13 Posted August 12, 2008 Report Share Posted August 12, 2008 Congrats Tyler!! Quote Link to comment Share on other sites More sharing options...
Tyler's Touch Posted August 12, 2008 Author Report Share Posted August 12, 2008 Thanks guys! I will never be without insurance again! Quote Link to comment Share on other sites More sharing options...
70chevy03ss Posted August 12, 2008 Report Share Posted August 12, 2008 congrats. that must feel good... Quote Link to comment Share on other sites More sharing options...
FireRescueSS Posted August 12, 2008 Report Share Posted August 12, 2008 Congrats brother!! Quote Link to comment Share on other sites More sharing options...
Hankg42 Posted August 13, 2008 Report Share Posted August 13, 2008 Good news. Congratulations. Quote Link to comment Share on other sites More sharing options...
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