The Lounge (Off Topic) Talk about daily events, or other items not really related to the ZCars in any way.

who would win in a small claims court?

Thread Tools
 
Search this Thread
 
Old 07-12-2009, 11:01 PM
  #1  
w0rld's l0ngest m0t0rswap
Thread Starter
 
thetremendousti's Avatar
 
Join Date: Sep 2007
Location: Torrance, CA
Posts: 676
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?
thetremendousti is offline  
Old 07-12-2009, 11:04 PM
  #2  
Ruff Ryder
 
hoov100's Avatar
 
Join Date: Sep 2005
Location: palm desert
Posts: 6,140
i would tell them, if they ever want to see a dime, that they would stop calling you and further attempts to collect will be fallowed up with charges of harassment.
hoov100 is offline  
Old 07-12-2009, 11:16 PM
  #3  
Über User
 
snwbrderphat540's Avatar
 
Join Date: Sep 2005
Location: lemont, Illinois
Posts: 9,532
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

Last edited by snwbrderphat540; 07-12-2009 at 11:18 PM.
snwbrderphat540 is offline  
Old 07-13-2009, 06:21 AM
  #4  
The Good Twin
 
NismoPick's Avatar
 
Join Date: Aug 2005
Location: Wild Wild West, UTAH!
Posts: 20,639
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!!!
NismoPick is offline  
Old 07-13-2009, 08:02 AM
  #5  
The Evil Twin
 
Bleach's Avatar
 
Join Date: Mar 2001
Location: Seattle, WA
Posts: 9,294
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.
Bleach is offline  
Old 07-18-2009, 07:05 AM
  #6  
Loves Going Topless
 
tnkrstoyco's Avatar
 
Join Date: Feb 2004
Location: Springdale, Arkansas
Posts: 447
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.
tnkrstoyco is offline  
Old 07-24-2009, 12:53 AM
  #7  
eff good grammar
 
Niku-Sama's Avatar
 
Join Date: Dec 2007
Location: Deadford OR
Posts: 1,578
wow this is like watching the peoples court
Niku-Sama is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
GarryLKnight
FS: 300ZX (90-96)
1
09-08-2012 08:20 PM
Niku-Sama
280ZX (S130) Forums
6
01-21-2009 08:44 PM
flightforlife07
The Lounge (Off Topic)
18
03-16-2007 09:38 AM
boostedspra
300ZX (Z31) Performance / Technical
0
06-05-2006 12:43 AM
FubarI33t
280ZX (S130) Forums
36
10-24-2005 06:17 PM



Quick Reply: who would win in a small claims court?



All times are GMT -7. The time now is 11:02 PM.