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-   -   My small claims case was dismissed... (https://www.miataturbo.net/insert-bs-here-4/my-small-claims-case-dismissed-15396/)

rmcelwee 01-07-2008 11:45 PM

My small claims case was dismissed...
 
For those who didn't see the original post:
https://www.miataturbo.net/forum/showthread.php?t=15166

I went to court tonight and lost the case. The defendant brought his lawyer who argued that "I" couldn't sue since Robert McElwee wasn't named in the documents - my company, Carolina Chat, Inc. was. The judge told me to file another claim against him. This just sucks. It was me and him in a room signing papers 3 years ago. This will be the 3rd time I have filed a complaint against him - just different versions of "me" and "him" each time. In the old days it was much easier - rape his wife, burn his house, hang him from a tree and take the money he owed. Street justice and vigilantism is so much better than what we have now!

Savington 01-07-2008 11:50 PM

If you haven't hired a lawyer yet, you've already won. He's hired one and is probably paying out the nose for it.

Fritch 01-07-2008 11:52 PM

what a bunch of horseshit

the legal system is so wordy and screwed up in that sense

teknikscian 01-07-2008 11:57 PM

going to get a lawyer next time? or reword your suit?

rmcelwee 01-08-2008 02:11 AM


Originally Posted by Savington (Post 195553)
If you haven't hired a lawyer yet, you've already won. He's hired one and is probably paying out the nose for it.

Yeah, but I'd rather have the $40K he owes me - or all the money he is paying the lawyer. I saw one and he told me he would take the case with a $3500 fee ... TO START WITH! Since there is probably no chance I could actually get paid the judgment I decided to go it alone. I'll fill out more paperwork this week and try again.

arga 01-08-2008 02:21 AM

Weird, I thought the whole point of small claims was that lawyers weren't involved.

rmcelwee 01-08-2008 03:55 AM


Originally Posted by arga (Post 195595)
Weird, I thought the whole point of small claims was that lawyers weren't involved.

When he showed up with one I was surprised at first but then our case is a little different. I am suing him for $7500 (the max). If I win I am going back for another $7500. Again and again until I get my $40K (like if your bank was to sue you 4 times a year for 3 house payments each). There's no way I will get my money but I will at least cause him a little stress...


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