Question by D.J.: Need advice on a small clams case, for a trial de novo?
won a dispute out of small claims court about a month ago,for posesssion of a vehicle, and money that I paid to a mechanic to fix my car…anyhow the ruling disposition asked that the defendant would pay me 1200.00 plus he was ordered by the court to deliver my car, (in which he never did) on 8/15, so he goes and put my car up for lien sale because I owe him storage costs from the 8/15, so I try and go and talk to the defandant to try and pay the storage costs, and he tellls me that he’s going to sell the car, and tells me that he will not accept my money for the storage costs, so I go over there with the police, they tell him to give me my car otherwise he would be in violation of a court order, however he has 10 cars which are all salvaged cars blocking my car, and tells me he can’t move them, so the police advise me that they cannot make him move his cars and tell me to go back to court, so now I have a notice to go back to court on appeal of the original judgement
Additional Details
8 minutes ago
I’m alittle nervous because he’s saying I owe him for storage costs from 9/2005, however the car wasn;t actually signed over to me until 6/2007 plus I do have title to the car, showing that he signed the car over to me on the pink slip that he sold the car to me for 750.00 but now he’s came up with some phoney receipt that the car was 3500.00 and that I should have paid that as well so I owe him that what will the judge go by in a trial de novo?
Thanks fot the info…I’ll keep you posted..he appealed, so we’ll be back in court on the 28th…
Best answer:
Answer by spunkynut
Go to court fully prepared!! Take pictures of your car all blocked in. Get any statement written or otherwise if you can, from the police. Take a friend w you to the police station and talk to the original cops who went to the lot w you. Let your friend hear from the cops that the cops heard him say he couldnt move the cars to get to yours.
You said the police tell you to go back to court but you also say now you have a notice. This tells me that the police were like “Take him to court” but it sounds like the guy is taking you back to court so there must be something that he had grounds for. I’d go back again w a friend and the police to the lot. The friend can be witness to the whole thing, including whatever the police say. That should make part of this issue more clear to the judge. The friend can speak on your behalf in court as an eye witness.
Seems what you have on the title regarding the price and the dates is legal enough to dismiss his other allegations.
Anyone can make a bogus receipt for anything-the judge isnt stupid. S/He can weed out the truth regarding that.
Did you insure your car right away? Take your insurance card or policy showing date that you insured the car. Do you have the temporary tag originally issued to you showing what date the tag was good until?
If you are going to go back to court-QUIT listening to this guy and getting all intimidated! Let the court order speak for itself. Dont talk to this guy or he’ll have you sleepless.
The facts will speak for themselves. Just be prepared and bring in YOUR facts!! You might also bring your cell phone record to show you spoke to this guy on such and such dates or tried to reach him so that you could do what you had to do to to settle this.
I dont understand how he didnt have ability to move the cars. Didnt he have the keys? And how convenient that he had 10 cars blocking yours. And then, really, perhaps the police couldnt make him move the cars but they could have given him a dose of reality, letting him know that yes, he might be within his “rights” but that he was being a big wuss. Please email back the results of all his bs in court. I hope it not only gets thrown out, but if you counter sue that YOU win YOUR battle.
Good Luck.
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