who would win in a small claims court?
#1
who would win in a small claims court?
Okay here's the story
I used my roommates car, a 99 toyota corolla, to pick up some parts for my Z when i went to school in Illinois and I ended up hitting some guys trailer hitch (about 5mph) and it put a hole in the bumper/styrofoam about the size of a babies fist or so. Anyways, I called him about it the second it happened, and he told me not to file a report with insurance since it didn't seem like such a big deal. I told him i'd buy him a new bumper and that was all.
During summer, he emails me telling me he needs money for the repair, etc and when I ask him how much its gonna cost he says ~$800.
so I tell him okay hold on I need some time to find a job, get some money, etc then I can pay you back. That was about a month, month and a half ago. His parents then contact me (he's a real spoiled only child) and say "it's my car that you 'broke' i want my money and i want it now" which is a what they sent me on my facebook. So, I ask for some time and maybe work out a payment plan but the dad continues to say that my debt will only increase until i fully pay them off and its now $850. I have asked them now three times for estimates, and they haven't sent me pictures or anything of the accident. I also reminded him that the son told me not to report it and that I'm being fully and completely honest with them i mean hell I told them that I hit the car, and called/responded to him immediately.
Now who would win if he sued for $850+ and can i counter sue for something or somehow come out on top (i still plan on paying him for the repair), what would you do?
I used my roommates car, a 99 toyota corolla, to pick up some parts for my Z when i went to school in Illinois and I ended up hitting some guys trailer hitch (about 5mph) and it put a hole in the bumper/styrofoam about the size of a babies fist or so. Anyways, I called him about it the second it happened, and he told me not to file a report with insurance since it didn't seem like such a big deal. I told him i'd buy him a new bumper and that was all.
During summer, he emails me telling me he needs money for the repair, etc and when I ask him how much its gonna cost he says ~$800.
so I tell him okay hold on I need some time to find a job, get some money, etc then I can pay you back. That was about a month, month and a half ago. His parents then contact me (he's a real spoiled only child) and say "it's my car that you 'broke' i want my money and i want it now" which is a what they sent me on my facebook. So, I ask for some time and maybe work out a payment plan but the dad continues to say that my debt will only increase until i fully pay them off and its now $850. I have asked them now three times for estimates, and they haven't sent me pictures or anything of the accident. I also reminded him that the son told me not to report it and that I'm being fully and completely honest with them i mean hell I told them that I hit the car, and called/responded to him immediately.
Now who would win if he sued for $850+ and can i counter sue for something or somehow come out on top (i still plan on paying him for the repair), what would you do?
#3
them trying to collect intrest on something that doesn't effect their life or driveability is BS. and they should provide a true estimate. however i wouldn't doubt that its 800 dollars. bumper covers and paint are expensive. and they are technically harrassing you. both you guys are wrong int he end, they are just dicks.
BTW you coming back to school here? you sure were close by
BTW you coming back to school here? you sure were close by
Last edited by snwbrderphat540; 07-12-2009 at 11:18 PM.
#4
Ever watch Judy Judy? Judge Joe Brown?
They are harassing you because you owe them money. There is no law prohibiting them from calling and emailing you demanding money for the repair. You also have no counterclaim (or none that would stand in court).
Having said that, there is also no way they can legally charge interest. They aren't a financial institution, and they aren't losing any money (at the moment) because of the damage. Tell them to quit being babies and you will pay them asap.
AND FOR PETE'S SAKE, GET A COPY OF EVERY PAYMENT AND DOCUMENT!!!
They are harassing you because you owe them money. There is no law prohibiting them from calling and emailing you demanding money for the repair. You also have no counterclaim (or none that would stand in court).
Having said that, there is also no way they can legally charge interest. They aren't a financial institution, and they aren't losing any money (at the moment) because of the damage. Tell them to quit being babies and you will pay them asap.
AND FOR PETE'S SAKE, GET A COPY OF EVERY PAYMENT AND DOCUMENT!!!
#5
In WA small claims will only reimburse someone. They would have to fix the car and show how much they paid for it and that it truly was paid in full by them. Then they can take you to court to get their money back. If they haven't actually paid for the repairs then they can't go that route.
#6
Most small claim courts are pretty universal in what they can ask for and get from you.
In the state of Arkansas, you can ask for the damages (if they have paid for the repairs) plus any fees associated with filing the claim, any court/service fees and such. If they prove the case and get a judgment against you the court/clerk will assign the interest based on allowable for that state, until it is paid off. It will be up to them to collect the judgment, court won't do it for them. If they have to file a garnishment where you work, that filing/garnishment fee will be added to the cost. Interest is most generally calculated on the cost only, not on the fees.
Just remember a judgment is easy to get, it's the collecting that is a pain in the ***. It can be a very lengthy process.
Should a garnishment throw you into minimum wage class they can't with-hold the garnishment (that's a federal law). Try collecting on a pizza delivery person, they (mostly) fall below minimum when the garnishment is applied, depending on tips reported.
In the state of Arkansas, you can ask for the damages (if they have paid for the repairs) plus any fees associated with filing the claim, any court/service fees and such. If they prove the case and get a judgment against you the court/clerk will assign the interest based on allowable for that state, until it is paid off. It will be up to them to collect the judgment, court won't do it for them. If they have to file a garnishment where you work, that filing/garnishment fee will be added to the cost. Interest is most generally calculated on the cost only, not on the fees.
Just remember a judgment is easy to get, it's the collecting that is a pain in the ***. It can be a very lengthy process.
Should a garnishment throw you into minimum wage class they can't with-hold the garnishment (that's a federal law). Try collecting on a pizza delivery person, they (mostly) fall below minimum when the garnishment is applied, depending on tips reported.
Thread
Thread Starter
Forum
Replies
Last Post
GarryLKnight
FS: 300ZX (90-96)
1
09-08-2012 08:20 PM
Bookmarks