A so-called friend has this past summer been tell me all the time to borrow
his car because he wasn't using it and mine developed some bad problems. So
one day I made the mistake of taking it from him. I had some family come
over from overseas, and my brother-in-law got his permission to go use the
vehicle, at that point I was not using it anymore, he even followed my
brother-in-law once all the way to the canadian border to make sure that he
has no problems crossing because it;s his vehicle. My brother-in-law who was
here for vacation only (he's now back home overseas), got into an accident
and the car was totaled. The guy wanted us to pay $2000 for a car he bought
for $800. When we said no he became nasty, as a good faith gesture we had
even given him money to pay for parking fees and towing, I wrote him a check
for $400 and my father wrote him one for $75 (the money came from my
brother-in-law). And now he's suing me for $2000 (small claims court in
upstate New York) and I was not even in the accident, I didn't drive the car
nor was it with my brother-in-law at the time of the accident.
My brother-in-law is going to be giving me an affidative stating that he
received the vehicle from the guy who willingly lent it to him knowing the
risks.
Do I need an attorney for this case when I go to small claims? it looks like
he has no grounds against me but any thoughts?
Thank you
Richard
10-09-2003, 08:08 PM
A. wrote:
Hello,
A so-called friend has this past summer been tell me all the time to borrow his car because he wasn't using it and mine developed some bad problems. So one day I made the mistake of taking it from him. I had some family come over from overseas, and my brother-in-law got his permission to go use the vehicle, at that point I was not using it anymore, he even followed my brother-in-law once all the way to the canadian border to make sure that he has no problems crossing because it;s his vehicle. My brother-in-law who was here for vacation only (he's now back home overseas), got into an accident and the car was totaled. The guy wanted us to pay $2000 for a car he bought for $800. When we said no he became nasty, as a good faith gesture we had even given him money to pay for parking fees and towing, I wrote him a check for $400 and my father wrote him one for $75 (the money came from my brother-in-law). And now he's suing me for $2000 (small claims court in upstate New York) and I was not even in the accident, I didn't drive the car nor was it with my brother-in-law at the time of the accident.
My brother-in-law is going to be giving me an affidative stating that he received the vehicle from the guy who willingly lent it to him knowing the risks.
Do I need an attorney for this case when I go to small claims? it looks like he has no grounds against me but any thoughts?
Thank you
In most small claims courts, you represent yourself.
Call the court in question and find out if attorney's are permitted.
Usually they are, but only for consultation.
A. Elamiri
10-09-2003, 09:30 PM
Can I countersue this guy for taking the time out of my schedule to go to
court?
Coz he really has nothing on me.... I wasn't in any way or form related to
the accident nor was I present for it
"Richard" <anom@anom> wrote in message
news:bm57r601b5n@enews2.newsguy.com... A. wrote: Hello, A so-called friend has this past summer been tell me all the time to borrow his car because he wasn't using it and mine developed some bad problems. So one day I made the mistake of taking it from him. I had some family come over from overseas, and my brother-in-law got his permission to go use the vehicle, at that point I was not using it anymore, he even followed my brother-in-law once all the way to the canadian border to make sure that he has no problems crossing because it;s his vehicle. My brother-in-law who was here for vacation only (he's now back home overseas), got into an accident and the car was totaled. The guy wanted us to pay $2000 for a car he bought for $800. When we said no he became nasty, as a good faith gesture we had even given him money to pay for parking fees and towing, I wrote him a check for $400 and my father wrote him one for $75 (the money came from my brother-in-law). And now he's suing me for $2000 (small claims court in upstate New York) and I was not even in the accident, I didn't drive the car nor was it with my brother-in-law at the time of the accident. My brother-in-law is going to be giving me an affidative stating that he received the vehicle from the guy who willingly lent it to him knowing the risks. Do I need an attorney for this case when I go to small claims? it looks like he has no grounds against me but any thoughts? Thank you In most small claims courts, you represent yourself. Call the court in question and find out if attorney's are permitted. Usually they are, but only for consultation.
Richard
10-09-2003, 10:30 PM
A. wrote:
Can I countersue this guy for taking the time out of my schedule to go to court? Coz he really has nothing on me.... I wasn't in any way or form related to the accident nor was I present for it
It's possible. Since it's his vehicle and you were not driving it, or in it,
the court probably will not rule in his favor.
You'll probably just have to state your claim as to your expenses and loss
from work or what ever once in court and hope the judge sees it that way.
I doubt seriously that the court will grant 3 times the value of the
purchase price as it is.
Specially when the only way you were involved was being a relative of the
person who drove the vehicle.
Just go to court and explain your side of the story in full detail.
Good luck.
A. Elamiri
10-10-2003, 04:38 AM
Thanks for the help! :o)
"Richard" <anom@anom> wrote in message
news:bm5g5u01vqi@enews2.newsguy.com... A. wrote: Can I countersue this guy for taking the time out of my schedule to go to court? Coz he really has nothing on me.... I wasn't in any way or form related to the accident nor was I present for it It's possible. Since it's his vehicle and you were not driving it, or in
it, the court probably will not rule in his favor. You'll probably just have to state your claim as to your expenses and loss from work or what ever once in court and hope the judge sees it that way. I doubt seriously that the court will grant 3 times the value of the purchase price as it is. Specially when the only way you were involved was being a relative of the person who drove the vehicle. Just go to court and explain your side of the story in full detail. Good luck.
David Martel
10-10-2003, 06:51 AM
A,
The friend is entitled to the value of his car. There are various
web-sites and books that list such values (Kelly's Blue Book). Your bank's
loan officer can give you the value of the destroyed vehicle.
If you did not lend the car to your brother and were not involved in the
accident then you are probably not responsible for the loss unless you
accepted responsibility for your brother-in-law's driving or lent the car to
him. In court the judge will decide this so, be sure that you have
witnesses, statements, and evidence that the friend lent the car to your
brother-in-law. Judges prefer witnesses since the judge can ask the witness
questions and observe the witness for evidence of lying. Hiring a lawyer may
not be cost effective in this case
From what little information that you provide it seems unlikely that a
countersuit by you will win in court. I doubt that a court will find the
suit to be frivolous.
But why go to court? Your brother-in-law should determine the market
value of the car and make an offer based on this value plus whatever
incidental losses have occurred
