Small Clains Court Ever Been there? - GM Forum - Buick, Cadillac, Chev, Olds, GMC & Pontiac chat


Lounge For casual talk about things unrelated to General Motors. In other words, off-topic stuff. And anything else that does not fit Section Description.

Reply
 
 
 
Thread Tools Search this Thread
Old 08-19-2006, 12:00 AM   #1
Senior Member
True Car Nut
Thread Starter
 
Join Date: Jul 2004
Location: Twin Falls, Idaho
Posts: 7,545
Thanks: 0
Thanked 1 Time in 1 Post
Hans is on a distinguished road
Default Small Clains Court Ever Been there?

Anyone ever been there?

In the process of having a friend serve papers tonight and it should get the ball rolling.

Regarding an accident that happened back in June.

Other driver was doing 50 in a 15 zone down a blind alley and t-boned my car as I was pulling out.

I got a failure to yeild ticket.

His ticket was knocked down from a misdemeanor wreckless driving to a citation of speeding.

Either way he got speeding, I got a failure to yeild...sounds like the judge is going to have fun.

Sueing him for $3000 for the bluebook cost of my car.

the guys criminal record is as follows:

CR-2006-0008085 -- Battery -- Pending -- 8-2-2006
CR-2006-0006535 -- Burglary - Pending -- 6-25-2006
CR-2006-0004659 -- Speeding -- Convicted -- 6-3-2006
CR-2006-0001327 -- Fail to Provide Insurance -- Convicted -- 2-17-2006
CR-2005-0006477 -- Fail to Provide Insurance -- Convicted -- 7-12-2005
CR-2005-0003946 -- Speeding Thru School Zone -- Convicted -- 4-29-2006
CR-2004-0004556 -- Theft by possessing stolen property -- Convicted -- 5-21-2004
CR-2003-0011915 -- Theft by possessing stolen property -- Convicted -- 12-8-2003
CR-2003-0011915 -- Drivers License Alterted/Revoked -- Convicted -- 12-8-2003
CR-2003-0011528 -- Battery -- Convicted -- 11-25-2003
CR-2003-0011528 -- Stalking -- Convicted -- 11-25-2003
CR-2003-0011528 -- Stalking -- Convicted -- 11-25-2003
CR-2003-0009098 -- Speeding -- Convicted -- 9-22-2003
CR-2003-0009098 -- Fail to Provide Insurance -- Convicted -- 9-22-2003
CR-2003-0004539 -- Speeding -- Convicted -- 5-17-2003
CR-2003-0004049 -- Speeding -- Convicted -- 5-1-2003
CR-2003-0004049 -- Fail to Provide Insurance -- 5-1-2003
CR-2003-0001359 -- Fialure to Stop at Stop Sign -- 2-4-2003

I'll stop there lol. for some reason no-one wants to serve him papers...lol

Should I bring up his record in small claims court?

What do you think are the relavant points to show that he had MORE THAN 50% responsibilty for the accident?
Hans is offline   Reply With Quote
Old 08-19-2006, 12:05 AM   #2
Senior Member
True Car Nut
 
Join Date: Jul 2006
Location: Granville, Ohio ~NEBF '07 Survivor~
Posts: 5,001
Thanks: 0
Thanked 0 Times in 0 Posts
petraman is on a distinguished road
Default

I'm no lawyer, but bringing that up sounds like you can't loose. Just by looking at his record, you'll be able to get that 3k easily, but I'd wait for others opinion as I'm basing this on my Law and Order and Judge Mathis knowledge, lmao!
petraman is offline   Reply With Quote
Old 08-19-2006, 12:11 AM   #3
Senior Member
Posts like a Camaro
 
Join Date: Nov 2002
Posts: 1,109
Thanks: 0
Thanked 0 Times in 0 Posts
1995BvSSE is on a distinguished road
Default

You had best watch out for retaliation... you know the guys history.
1995BvSSE is offline   Reply With Quote
Old 08-19-2006, 10:34 AM   #4
PopaDopaDo
True Car Nut
 
popatim's Avatar
 
Join Date: Jan 2005
Location: NY
Posts: 4,957
Thanks: 0
Thanked 0 Times in 0 Posts
popatim is on a distinguished road
Default

Just out of curiosity, even if you do win how to propose to collect? I don't think hes just going to cough it up and I suspect that he may be in jail shortly.
popatim is offline   Reply With Quote
Old 08-19-2006, 12:40 PM   #5
Senior Member
Posts like a Turbo
 
Join Date: Feb 2003
Location: Northern Twin Cities
Posts: 268
Thanks: 0
Thanked 0 Times in 0 Posts
Freddi is on a distinguished road
Default

Small claims is a civil court. His record is a criminal record. I'd be very surprised if the judge would consider his record for this 'specific event' (the accident)

NOT THAT I BELIEVE IT, but the evidence presented so far shows negligence on both sides. In theory, he could counter-sue you for his car, because you failed to yeild. :(

I feel for you. These situations suck. But be prepared for this to not be a 'slam dunk', and possibly worse.

(Forgot to look, your not Canadian are you...if so then I have NO idea)


Now the legalize: Every thing in this post is wrong. Consult your lawyer. (Really. You can't bring one into small claims, but you should pay for hour and confirm for yourself whether this is worth it, or if you may be making things worse.)
Freddi is offline   Reply With Quote
Old 08-19-2006, 09:34 PM   #6
Senior Member
Posts like a Northstar
 
charliemax's Avatar
 
Join Date: Jan 2006
Location: Valley Forge, PA
Posts: 598
Thanks: 0
Thanked 0 Times in 0 Posts
charliemax is on a distinguished road
Default

Do you guys have insurance in Idaho? I can only speak for Penna from the insurance angle. Insurance is required to drive. Here you would have what is literally called a 50-50 accident. Both parties got tickets, so each insurance company settles up with their own customer. No litigation would ensue, unless there was personal injury to one or both of the parties. Then the answer gets complicated depending upon the amount of liability coverage you have and the amount the plantiff files for.

Great idea to talk to a lawyer before you go in. You really need to know if you are wasting your time. And if it is legitimate, potential proceedings.

The rest is just from my experience with a small claims adventure. The best advice I got that the judge wants this out of his hair, and as quickly as possible, no muss, no fuss.

I would have a copy of the police report and any photos you need to explain the situation to the judge. Your owner'* card. Also, the bluebook, or a signed and notarized value for your car from a dealer. There may be something in the police report that indicates, even though you did pull out, the speed of the oncoming vehicle was so high, he was not "visible" when you looked both ways, before pulling out.

Dress appropriately. Speak only to the judge, and when it is your turn. About 3 days after these guys get on the bench, they are sick and tired of cat fights and yelling matches in their courtroom.

Keep your fingers crossed. It looks like this guy might be courtroom averse. If the other guy doesn't show up and the judge is in a bad mood, he may go into a mode called " I don't care about points of law, I'm going to do what I feel like" and find for you.
charliemax is offline   Reply With Quote
Old 08-20-2006, 01:11 AM   #7
Senior Member
Certified GM nut
 
Join Date: Feb 2004
Location: MI
Posts: 2,246
Thanks: 0
Thanked 0 Times in 0 Posts
Logan is on a distinguished road
Default

99% sure criminal record is to be completely ignored in small claims court.
Logan is offline   Reply With Quote
Old 08-20-2006, 01:36 AM   #8
Senior Member
True Car Nut
 
Join Date: Feb 2006
Location: Delaware & Long Island NY
Posts: 3,239
Thanks: 0
Thanked 0 Times in 0 Posts
Shadow is on a distinguished road
Default

Quote:
Originally Posted by Logan
99% sure criminal record is to be completely ignored in small claims court.

99% sure you are wrong!
Shadow is offline   Reply With Quote
Old 08-20-2006, 01:42 AM   #9
Senior Member
True Car Nut
 
Join Date: Jan 2006
Location: NEBF:06,07 | NYBF:06,07 | ONBF:06,07 | CNBF:06 & more............
Posts: 8,029
Thanks: 0
Thanked 0 Times in 0 Posts
bandit is on a distinguished road
Default

Quote:
Originally Posted by Shadow
Quote:
Originally Posted by Logan
99% sure criminal record is to be completely ignored in small claims court.

99% sure you are wrong!
depends on the judge....
bandit is offline   Reply With Quote
Old 08-20-2006, 10:54 AM   #10
DINOSAURUS BOOSTUS

Expert Gearhead
 
BillBoost37's Avatar
 
Join Date: Mar 2005
Location: Enfield, CT
Posts: 41,391
Thanks: 0
Thanked 0 Times in 0 Posts
BillBoost37 is a glorious beacon of lightBillBoost37 is a glorious beacon of lightBillBoost37 is a glorious beacon of lightBillBoost37 is a glorious beacon of lightBillBoost37 is a glorious beacon of lightBillBoost37 is a glorious beacon of light
Default

Hans...has he started stalking you yet?
BillBoost37 is offline   Reply With Quote
 
 
Reply

Related Topics
Thread Thread Starter Forum Replies Last Post
Has there ever been.... VigCS Lounge 4 06-02-2006 12:52 AM
Has anyone ever filed a small claim? james tharp Lounge 3 06-29-2005 03:07 PM
Going to court soon no clue whats gona happen????? killer_cr80r Lounge 7 07-30-2004 09:04 AM
I am going to court today ssesc93 Lounge 12 07-29-2004 12:16 PM
Disorder in the Court MOS95B Lounge 5 11-03-2003 11:36 AM


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT -4. The time now is 03:50 PM.


We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.