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Small Claims Question

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rmet4nzkx

Senior Member
naesatt said:
He finally filed a counterclaim. He denies all claims, of course, and states:
1) Plaintiff's complaint is barred by the Doctrine of Estoppel.
2) Plaintiff's complaint is barred by the Doctrine of Unclean Hands.

Could someone explain this, I did a google search and kind of understand Doctrine of Estoppel, does it mean that I should have known he would be an as* about it if I traded my car in for a car in his name?
I also found the unclean hands definition, and I did nothing underhanded, he is the underhanded person in this complaint, don't they have to list what underhanded deed I did?
He also put into the small claims counterclaim that I got the quit claim deed for our house, see https://forum.freeadvice.com/showthread.php?t=216933, only in the event we got married, this is false, I got the quit claim deed because I would not put out any more money on the house until I got it ( the QCD). I would interpret this as him trying to say it was an "engagement gift" so since we are not getting married I have to give it back. He is asking small claims court to grant him quiet title. He is also asking for a judgment against me for $25,000.00 due to me "depriving him of monetary funds in excess of $25,000.00. That makes me think he tried to refinance the house to get some of the equity out of it (therefore making it worthless to me) and he couldn't without my signature since I filed the QCD. It is my understanding that small claims court only allows a complaint up to the sum of $3,000.00, so how is it the court accepted the counterclaim with the $25,000.00 for him and his attorney?
You can use the same doctrines to fight him, so where he used estoppel to say you gifted him the car in his name, you will show you understanding that the car was yours for your use since you paid the insurance etc, the police resords will also confirm this. You will also have as evidence things you posted here to show your understanding and history of the event which you will put into the form of a declaration and claim the actual posts priviledged as work product. There was no fraud on your part.
 


S

seniorjudge

Guest
naesatt[B said:
]... Small claims said he can counterclaim with anything he wants and in any amount. How fair is that? ...[/B]

Did you not start all this?


I have filed a small claims case against him for the $3,000.00 + 5% interest & filing fees.
 

naesatt

Member
seniorjudge said:
Did you not start all this?


I have filed a small claims case against him for the $3,000.00 + 5% interest & filing fees.

Yes I started the small claims case.....I am missing the point :confused:
 

naesatt

Member
rmet4nzkx said:
You can use the same doctrines to fight him, so where he used estoppel to say you gifted him the car in his name, you will show you understanding that the car was yours for your use since you paid the insurance etc, the police resords will also confirm this. You will also have as evidence things you posted here to show your understanding and history of the event which you will put into the form of a declaration and claim the actual posts priviledged as work product. There was no fraud on your part.

I started out my answer to counterclaim with the same doctrines, only in my case they are true :) & I added Promissory to the Doctrine of Estoppel. Is the "declaration" the same thing as my answers to each allegation he made in his countersuit, typed and signed by myself. I listed on the front page to the court as "Plaintiff's answer to counterclaim and addendum" the addendum being my understanding of the verbal contract I had with the defendant showing the offer, the acceptance of the offer or agreement, the consideration, and in what way the contract was breeched. I included the addendum since apparently it was not understood in my original explanation I filed to SCC. Could you explain "priviledged as work product". never mind I read it again, you mean the ORIGINALS are privileged! it might take me a minute...I need my B-12 shot bad!
 
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naesatt

Member
naesatt said:
If he had the quiet title matter bumped to Common Pleas Court wouldn't I have to notified? Can he do that since I am the one who filed the original complaint? Yes he does have an attorney. Small claims said he can counterclaim with anything he wants and in any amount. How fair is that? Got to follow the rules though....I have written a reply and denials to his allegations. I have not submitted it yet, I was hoping someone would take enough pity on me to read it before I submit it :( I think it sounds pretty good & I listed all my answers ( to his allegations) in the order they were on in his counterclaim to make things easier on the magistrate. I have a list of interrogatories I would like for him to answer, will small claims allow this. I did call and ask about the discovery request & the clerk said it is up to the magistrate whether or not they would allow it. I have not hired an attorney for small claims yet, waiting on a check to come, should be any day now. If they don't allow his counterclaim to be resolved in small claims court, I do feel confident enough to go to small claims court pro se.
I just wanted to make sure this was seen since I added to it.
 

rmet4nzkx

Senior Member
naesatt said:
I just wanted to make sure this was seen since I added to it.
You mean ,,,,,, BUMP!
Yes that is what I mean. Also a decleration is your responses, check with the court re form for headings/footers/ place case info on each page and ask requirements re oath. Ask the court clert for the rules for small claims court and how to make motions, do they have any SC clinics for pro se? Because SC court has mostly pro se litigants the judge may make allowances, but since he has an attorney be prepared. You know that you need an attorney for the partition so try to keep the issues separate and not inadvertantly ceed the QCD in SC court or fight it before you have an attorney, be sure to motion for a continuance if you have to.
Now he is trying to bring in the QCD into a small claims case about the car, or did you make the QCD an issue too? Be careful here.


http://www.uslegalforms.com/lawdigest/legaldefinitions.php/clean_hands_doctrine.htm


Here are some Ohio case law with Doctrine of estoppel invoked

http://pbr.ohio.gov/hapestop.htm
http://pbr.ohio.gov/cucestop.htm
 

naesatt

Member
I only addressed the issue about the car when I filed my complaint. He is trying to say I had Unclean Hands by removing funds from he checking account without his authorization. If the court allows this I cannot ask the court for help in my claim for my share of the house. What BS.....he had me do ALL of his banking for him (except for the removal of $ for his drug habit), he was made aware and in agreement every time I took out money that was owed to me (for auction goods purchased with my checking account money). He even used to have me sign his paychecks to deposit into his account. Thank God I refused to get an ATM card when we opened the joint Money Market account since would have been linked to his personal checking account also.
 

naesatt

Member
rmet4nzkx

What you are saying is I should not file any answers to the allegation concerning the house? What about the check fraud, that issue dangerously skirts the house issues since some of the money was reimbursed for things bought to renovate the house. I typed up a General Affidavit stating the verbal contract with the car, is that all you suggest I should file with the court at this time. Should I ask the court for a Doctrine of Unclean Hands & Doctrine of Estoppel against his counterclaim, plus deny his counterclaim with the Affidavit, or should they be separate forms?
 

rmet4nzkx

Senior Member
Obviously there is no fraud with you depositing his paycheck into his account, it does prove that he gave you permission to do it, and he is Estoppeled fom contradicting it now, see how you use it? Also the fact that you had a joint money market account showed that he trusted you, the fact that you didn't get a card shows that you weren't trying to take his money. Why would you put your car into his name and pay insurance and regestration if it weren't your car and for your use? You want to show that much of this was done in anticipaiton of your marriage including the co habitation. You tell them that because he had you do so many things perhaps he was planning on taking advantage of you in case the issue of his drug problem should be raised. Apparently he was intentinally plotting all along.......
 

naesatt

Member
Just to make sure I am getting it right... can I use the Doctrine of Estoppel (Promissory or Equitable) in this way since we had an agreement with the car and its usage, and now he is changing his story? Or would it be the fact that he told me we would have an agreement on the use of the car, and that my car was starting to get old (no warranty left, ect..) was reason for getting a new car (so he said), when his real intent actually was only to get his monthly payment lowered. Obviously he gave the car to his son only to "dispose" of it until court is over. Estoppel in this case would be to bar someone from denying a previous statement made to persuade someone into doing what you want isn't it?
 
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naesatt

Member
In Case Anyone Is Interested....

I was awarded the $3,000.00 for the trade in value for my car.....I was also awarded $1,000.00 towards my attorney fees since he was found in contempt for not paying me the money, "in a timely manner", after the arbitrators decision was made back in May of 2006......The partition for the the sale of the house is being overseen by a receiver appointed by the court, the receiver is to list the property with a real estate agent of his choosing, at a sales price of his choosing......not the best scenario......but at least he won't be in the house anymore when it is all said & done. I just wish I had had the money to hire a different attorney after he had shown up at arbitration unprepared to give testimony**************...DUH!:mad:
 

datrouper

Junior Member
Very interesting outcom, congrats.

I read your thread yesterday and was wondering how you and the guy ended in arbitration as opposed to small claims. Did his claim of "unclean hands" cause any problems with the judge? Also, what would an attorney none in arbitration when he showed up unready?

Glad you persisted. J.E.
 

naesatt

Member
I read your thread yesterday and was wondering how you and the guy ended in arbitration as opposed to small claims. Did his claim of "unclean hands" cause any problems with the judge? Also, what would an attorney none in arbitration when he showed up unready?

Glad you persisted. J.E.

Everything got moved from small claims to common pleas court since my apposing party brought the real estate property we jointly own into his reply for small claims court....so it had to be moved, so the unclean hands thing was only mentioned by his attorney as me taking money from "his" money market account, which indeed the account was in both our names......I don't understand the second question you posted
Also, what would an attorney none in arbitration when he showed up unready?

Actually it did not end at arbitration.....he has continually refused to sign a real estate agreement....and pay me for the trade in on my car in a timely manner. It actually will not be done until the house is sold (good luck with that right now eh...) I will post again when it is all said & done in case it could help someone else out + it is just darn entertaining!
 
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