legal advice needed
05-30-2006, 12:27 PM
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Ok, the best way to summerize this is that a friend of mine and I both had the same cars. i spent countless hours working on his car and in return he gave me parts for it. Now almost a year later he is filing a lawsuit against me saying I owe him the money for the parts.
My question is this...I have never gone through this before. I have since moved and the lawsuit is filed in my county here. Does that mean he has to come here to fight this out in court?
and if this does go to court do I have the option of seeing what kind of evidence he would be bringing for his case
and of course, any advice?
My question is this...I have never gone through this before. I have since moved and the lawsuit is filed in my county here. Does that mean he has to come here to fight this out in court?
and if this does go to court do I have the option of seeing what kind of evidence he would be bringing for his case
and of course, any advice?
05-30-2006, 12:52 PM
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Originally Posted by Dirty 30' post='289926' date='May 30 2006, 01:27 PM
Ok, the best way to summerize this is that a friend of mine and I both had the same cars. i spent countless hours working on his car and in return he gave me parts for it. Now almost a year later he is filing a lawsuit against me saying I owe him the money for the parts.
My question is this...I have never gone through this before. I have since moved and the lawsuit is filed in my county here. Does that mean he has to come here to fight this out in court?
and if this does go to court do I have the option of seeing what kind of evidence he would be bringing for his case
and of course, any advice?
My question is this...I have never gone through this before. I have since moved and the lawsuit is filed in my county here. Does that mean he has to come here to fight this out in court?
and if this does go to court do I have the option of seeing what kind of evidence he would be bringing for his case
and of course, any advice?
05-30-2006, 12:54 PM
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Originally Posted by swajames' post='289939' date='May 30 2006, 01:52 PM
The only advice I can give you is that it would be much better for everyone concerned if you and your friend could resolve whatever lead to this unhappy state of affairs between you - but if you can't, you do need to speak with a lawyer.
05-30-2006, 01:25 PM
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Originally Posted by Dirty 30' post='289942' date='May 30 2006, 03:54 PM
thanks for the quick reply. We have tried discussing it but thats no good. I know he has run into some troubles and is looking for cash...this should be about as inconvenient as it can get.
If he is that kind of friend, perhaps a taste of his own medicine is in order!
05-30-2006, 01:36 PM
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Originally Posted by kscarrol' post='289963' date='May 30 2006, 02:25 PM
Definitely speak with a lawyer. If this "friend" now has money troubles and is trying to extract payments for parts, perhaps you should counter with a suit for the labor you provided him with...
If he is that kind of friend, perhaps a taste of his own medicine is in order!
If he is that kind of friend, perhaps a taste of his own medicine is in order!
05-30-2006, 02:53 PM
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Originally Posted by Dirty 30' post='289926' date='May 30 2006, 04:27 PM
My question is this...I have never gone through this before. I have since moved and the lawsuit is filed in my county here. Does that mean he has to come here to fight this out in court?
and if this does go to court do I have the option of seeing what kind of evidence he would be bringing for his case
and of course, any advice?
and if this does go to court do I have the option of seeing what kind of evidence he would be bringing for his case
and of course, any advice?
If he filed where you currently live, if there is a trial he will have to come to the court where the case is pending.
Depending upon what type of court the case is pending in (small claims or something more formal) you will have the right to see all his evidence before trial. If it is small claims court, the procedures are simplified and your rights may be limited. It varies from state to state. If it is not small claims court, you or your lawyer will have theright to snd him written questions and demands for doucments he will use to support his case.
05-30-2006, 03:10 PM
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i am lost. So he is not on any mediacation ? You said he was "giving you free parts" now he is suting you?
How about if you suite him for helping him in whatever you were helping him?
How about if you suite him for helping him in whatever you were helping him?
05-30-2006, 03:42 PM
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Originally Posted by amigo525' post='290028' date='May 30 2006, 04:10 PM
i am lost. So he is not on any mediacation ? You said he was "giving you free parts" now he is suting you?
How about if you suite him for helping him in whatever you were helping him?
How about if you suite him for helping him in whatever you were helping him?
05-30-2006, 07:15 PM
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The burden will be on him to provide the evidence. Was there any written contract involved? Do you have any witnesses that can testify on your behalf? I'm not a lawyer, but I did stay at a Holiday Inn Express.
05-30-2006, 08:03 PM
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Originally Posted by marc545i' post='290118' date='May 30 2006, 08:15 PM
The burden will be on him to provide the evidence. Was there any written contract involved? Do you have any witnesses that can testify on your behalf? I'm not a lawyer, but I did stay at a Holiday Inn Express.