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Small Claims Question

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naesatt

Member
Invited on Judge Judy Small Claims Case!

What is the name of your state?Ohio

In june of 2004 my ex- boyfriend purchased a car for me to drive. I traded in my only vehicle for the value of $3,000.00 to use as the down payment. The title and note is in my ex-boyfriends name only. We have now split but are still co-habitants. Once things fell out between us he did not want me to drive the car any longer. Understandable. I do not want the car, I only want the money that I put as a down payment on the car so I can get another one. I have all the documentation from the dealership & showing that the car that was traded in was mine. I have filed a small claims case against him for the $3,000.00 + 5% interest & filing fees. What are my chances & is there anything else that I need to think of before March 9th, 2005. Thank you in advance for any replies.
 
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seniorjudge

Guest
nae, you certainly lead an exciting life.

Mine is boring.

In fact, I am addicted to this stupid forum. Do you know of any online support groups?


Q: I traded in my only vehicle for the value of $3,000.00 to use as the down payment. The title and note is in my ex-boyfriends name only.
A: Bad move there.

Q: We have now split but are still co-habitants.
A: Please, I must know what THAT means!?

Q: Once things fell out between us he did not want me to drive the car any longer. Understandable. I do not want the car, I only want the money that I put as a down payment on the car so I can get another one. I have all the documentation from the dealership & showing that the car that was traded in was mine. I have filed a small claims case against him for the $3,000.00 + 5% interest & filing fees. What are my chances & is there anything else that I need to think of before March 9th, 2005. Thank you in advance for any replies.
A: Tell the judge that this was an oral loan. He agreed to pay it back.


Judge: So you didn't get anything in writing?

You: No, I did not. But I did rely to my detriment on his verbal promise to pay me back.

Judge (ears a-perk): Oh?

You: Yes, your honor, we made an oral contract. I was to loan him the money and he was to buy the car and we were both to use the car. (Whip out documentation and show it to the judge.)

Judge: Oh! (This judge is not very articulate, is he?)

You: Yes, there are three elements of a contract: agreement, consideration, and a writing if required by law. There was definitely an agreement here.

Judge: (to bad guy) Shut up, you will get your chance to speak. Go ahead, ma'am.

You: As I was saying, I agreed to loan him the money and he agreed to let me use the car. I gave him the money and he let me use the car. There is the agreement. The consideration, of course, was me giving him money and him letting me use the car.

Judge: (to bad guy) If you don't shut up, I am going to kick you out of the courtroom and we will have this trial without you. Go ahead, ma'am.

You: The final element of a contract is a writing where the law requires one. There is no requirement for a writing in this instance. Now, he will not let me use the car anymore so he has breached the contract. I want my dough back. Thank you, I'm through.


Leave out all the heartbreak crap and emotional traumas and stuff. Will it work? I don't know. Post back with results.
You:
 
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naesatt

Member
The emotional crap.....I was over that in about a NY minute (quick huh?). I do know how to present myself in court. I do not get distracted with what the other person is saying, but only listen and form my rebuttal without all the extra crap (mud slinging). Anyway......I loved your scenario, thank you. I will build on the oral contract. I will practice & be prepared. Truly that is what took place, I only did not see it in that way. After all there was never a "concern" of being paid back since I was to have use of the car. Now I have no car, contract broke, hopefully end of (happy) story.
 
B

badapple40

Senior Member
Up there outside of Cleveland ehh....

Senior Judge is right on. I would only note that you do not get interest on the loan, since the judgment is capped at $3,000 in small claims (though you can get post judgment interest that will begin to accrue after the trial date).

And most small claims I've ever had the opportunity to sit in on don't even involve as much of an exchange as senior judge had, its usually you presenting your bills, telling a quick story to the judge, then the other guy gets his turn and the judge (its actually usually a magistrate) rules.

The real fun is trying to collect.
 
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seniorjudge

Guest
And most small claims I've ever had the opportunity to sit in on don't even involve as much of an exchange as senior judge had, its usually you presenting your bills, telling a quick story to the judge, then the other guy gets his turn and the judge (its actually usually a magistrate) rules.


Oh, could I tell you some stories!
 
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naesatt

Member
I know that I would have to go back to ask for a garnish of wages, I think he will pay, I do have a little something up my sleeve (besides my arm). I am sure seniorjudge has heard some whoppers!! I would love to be privy to that fireside chat :eek:
 
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seniorjudge

Guest
I would love to be privy to that fireside chat

Privy chat is not for your sweet ears.
 
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seniorjudge

Guest
naesatt said:
Do I sound that goody-good? Or that stupidy-stupid? Oh to be a fly on the wall.......
Click to expand...
"Privy chat" is what we hillbillies call the gravel you put around your outhouse. Double pun there....
 
N

naesatt

Member
Invited on Judge Judy Small Claims Case!

I was invited on Judge Judy for my small claims case!! What a hoot! I should do it!!!!! They will fly me & my witness to Los Angeles & pay an appearance fee. If I win my case they will pay me within 30 days + court costs.
 
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seniorjudge

Guest
naesatt said:
I was invited on Judge Judy for my small claims case!! What a hoot! I should do it!!!!! They will fly me & my witness to Los Angeles & pay an appearance fee. If I win my case they will pay me within 30 days + court costs.
Click to expand...
Post back with the date you will be on.
 
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naesatt

Member
I put in a call to Judge Judy's producer, I am waiting to hear back on how much they will pay me to make an a** out of myself on national television!! :D
 
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seniorjudge

Guest
naesatt said:
I put in a call to Judge Judy's producer, I am waiting to hear back on how much they will pay me to make an a** out of myself on national television!! :D
Click to expand...
Well, I've done this a lot for free.

I didn't know I could be paid for it!

Act up...really show off...be unreasonable...pout...all that stuff :D
 
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naesatt

Member
I don't think that would win Judge Judy over too much, but I will rehearse as previously discussed & be prepared :) I'm kinda excited about looking like an a** now....I hope they accept & the defendant loves being in the "limelight". He was on 20/20 for his disabled child about 12 years ago. I know he misses all the attention and drama. I'm pretty dull as far as drama goes, but I have never backed down from a challenge because of it ;)
 
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