sold a boat and it busted!

[country_bumpkin]

Re: sold a boat and it busted!

A couple of things:

1) My lawyer said that they (lawyers) are all officers of the court, so they can be called on at any time to preform a function like this. She, I guess is a volunteer.

2)It was NOT arbitration. We were offered a chance at arbitration before the session started and declined.

The way I see it, the big bad man defrauded the poor kid with his ad, lied to him.

I forgot to mention that they contend that oil was being blown out threw the valve covers, and the engine ran dry. In hindsight, if we pointed out the operator's resposibility to watch the gauges.......this might have been a $50 problem, but ignoring the temp and oil guage until it threw a rod, it now became a $3000 problem......that's MY FAULT????

Oh, and here is the ad, I found it!

20' I/O Cuddy Cabin-Imperial-'87....Great Boat! Roomy, Lots of Extras!
Reply to: sale-366922720@craigslist.org
Date: 2007-07-05, 9:46AM

For Sale is a 1987 20' Imperial Cuddy Cabin. I have had this boat for 2 years and loved it!

This is great family boat. Very comfortable and roomy. Easily accomodates 6 people.

It features:

Mercruiser 488-this is an inline 4 cylinder engine. it produces plenty of power for skiing, tubing etc. The boat will top end around 35 mph. Plenty fast for a family boat. This is no gas guzzler!

ENGINE WAS REBUILT IN 2005!

Alha One 165 Outdrive

Depth/Fishfinder

Bimini Top

Two Mahogony Ski Decks-recently refinished

Mahogony trim and cabin doors-recently refinished

AM/FM Cassette

EZ Loader Trailer

Skis, Tow Rope, Life Jackets, Tube, First Aid Kit, Fire Ext. Anchor


Condition:

Interior and upholstery is GOOD. No rips or tears.

Carpet is GOOD.

Engine is EXCELLENT. Runs smooth and strong. Fires right up.

Dashboard-all gauges (fuel, speedometer, oil, temp etc.) EXCEPT tachometer work.

All Navigation lights work.

Exterior finish is GOOD. The hull is in great shape for its age. There is some fading of the color just above the water line though.


We are selling because we just bought a sailboat at Elm Hill, so there won't be as much time for her.

Richard

She said I (over?) emphasized the condition of the engine in this ad.

 

[GatorTom]

Re: sold a boat and it busted!

Everyone puts the blame on the "system," but no one wants to blame the lawyers, somehow they are not part of that system. Do you really think any lawyer likes to lose? I never talk to a lawyer that ever loses, but obviously they do all the time. And why do lawyers act this way, because they know that we are a sue happy society. Very few lawyers are doing it for "the cause" anymore; there is money in lawsuits and they want their share.

I actually agree with you on this...going outside to bang my head against the wall now.

 

[cmcpherson]

Re: sold a boat and it busted!

I actually agree with you on this...going outside to bang my head against the wall now.

Just make sure to do it really really hard!!!!!!

 

[scotty paulsen]

Re: sold a boat and it busted!

another vote 4 appeal!!!!!!!!!!!! he wont show up

 

[SwampNut]

Re: sold a boat and it busted!

I do not understand how a "young woman attorney" who is not a judge can make a ruling on this case.

Small claims "court" is not really even a court in most jurisdictions. I know when I had a case there that the rules of procedure were mostly ignored and there was very little rule of law. I was very careful to study the laws and procedures and produce all of my paperwork carefully, while the other party did not, and the "court" would not rule on my motions to dismiss based on their lack of response and preparation. I started getting tired of it and looked deeper, and was surprised to find that the "judges" were mostly newbie lawyers who had to serve volunteer time. But even worse, some of the "judges" were not even lawyers at all, but had some kind of arbitration certificate.

I motioned the case out of that joke and into the real court, where my proper motions were ruled on promptly and under the rule of law, not emotion.

Unfortunately in this case CB has been jerked around by the system and will only get a LAWFUL trial when it goes to appeal (in a real court).

 

[Boomyal]

Re: sold a boat and it busted!

This all serves as a reminder of something I already knew but had long forgotten. Never accept a Judge Pro Tem.

Hope you take it all the way to the supreme court CB.

 

[amynbill]

Re: sold a boat and it busted!

cmcpherson....the real question is this.....who hurt you in your life? Who turned thier back on you and really hurt you? It's Ok you can tell us.....come on...its ok to cry.....Who hurt you? Who did you disappoint in your life? Are you jealous because your boat does not meet everyone elses standards? Did someone touch you in a way that made you feel uncomfortable?

It's Ok.....Really....Life is just like the airport in many ways....sometimes you just have to leave your baggage behind, swallow your pride...and ride in coach..

Do you need a hug?

Silly conjecture for many of you who find it easy to jump on Cmc. He had a valid point to think that if bumpkin here was ruled against, that there may have been evidence we didnt hear left out of the thread. It is purely human nature that when people tell a story about "what happened" that they make it from their point of view, and may not even be able to see another side of the story even if not by their own fault.

In any event, CB, had I known you were going to go to court dressed up with an attorney, I would have said not to do this. Attorneys and judges (having several of them in my family) will often times look at a case in civil courts with an eye on the people involved as much as the letter of the law. Remember, all law is based on interpretation.

I suggest next time, on the appeal, you represent yourself and state your case as you have done here.

 

[amynbill]

Re: sold a boat and it busted!

I do not understand how a "young woman attorney" who is not a judge can make a ruling on this case. Attorneys do not have the authority to make judicial rulings that are binding. Perhaps did your attorney agree to binding arbitration? If so were you aware? Mediation?

Hmmmmm

This is a civil case, not criminal

 

[Spin 53]

Re: sold a boat and it busted!

Appeal.!!!!!!!!!!!!!
Good Luck CB... Spin

 

[sickwilly]

Re: sold a boat and it busted!

In any event, CB, had I known you were going to go to court dressed up with an attorney, I would have said not to do this. Attorneys and judges (having several of them in my family) will often times look at a case in civil courts with an eye on the people involved as much as the letter of the law. Remember, all law is based on interpretation.

I suggest next time, on the appeal, you represent yourself and state your case as you have done here.

I would not follow that advice. This is the south and I would never dare go to court in less than a tie and would never answer an questions without a "sir" or "mam" following my response.

I would rather be judged as having more ability to pay a fine than risk being judged as disrespectful. He did not see a judge, but I have seen judges send people out and reschedule them for lack of proper dress down here!

 

[j_martin]

Re: sold a boat and it busted!

Has anybody noticed that the real winners in this case (and most others) are the court (fees) and the liars.....i mean lawyers (officers of above court, also charging fees.) It is never in their interest to resolve things quickly. (inexpensively).

The last attempt at suit I faced was when a young man driving too fast through the woods hit my horse in the night. Slam dunk I'm at fault, the horse was out of the fence.

The horse was hit about 1 am, and I discovered it in the ditch, where It had obviously died from a concussion, which might have been reversible, about 9 am. A short time later, the Sheriff called me to ask about it, which gave me the name of the young man. Questioning the lad, I found that his girlfriend lived near my place. Going there at 8:30 Saturday morning, and asking her mother to get her up out of bed for a few questions. The first question I asked was how fast was were you and Joe Sixpack going when he hit the horse. Answer was "about 70." Now awakened, she told me what really happened, which is that he was chasing her through the woods. She got around the horse, he didn't see it in time and hit it.

His insurance company called me to recover cost of repairs to the car. I asked them, "Did he disclosed to you that he had hit a purebred Morgan horse in the middle of the night and didn't report it to anyone till 9 the next morning, leaving the animal to die? Send me the bill, I'm looking forward to it."

The bill never came. Thus I paid my share of the liability (loss of horse for failure to contain it) and he and his insurance paid his (car repairs for reckless driving.) No fees, no liars, no further expenses.

The point is, If something happens, get on it right away and get to the bottom of it. If you are in the right, never under any circumstances offer to help monetarily, as it is seen as culpability on your part. Even challenge them to attack if you wish.(like I did) Questioning the lad, (with a recorder in your pocket) would have disclosed that there was oil flying about and he did nothing about it. A prudent person would have kept an eye on the oil level till repairs could be made. When his response was "what's oil pressure?", it would put the finger on the failure. His driving method, like hammering it with the LU up to throw a big spray (overrevving the motor) just to show off, or starting it dry in the driveway would have shown the mechanism that broke rings and blew the rocker cover off, thus the oil leaks.

On the other hand, if you find yourself to blame, fes up, pay up, and go in peace having paid only your legitimate liability.

Hope this old phart's experience helps someone.
John

 

[j_martin]

Re: sold a boat and it busted!

I would not follow that advice. This is the south and I would never dare go to court in less than a tie and would never answer an questions without a "sir" or "mam" following my response.

I would rather be judged as having more ability to pay a fine than risk being judged as disrespectful. He did not see a judge, but I have seen judges send people out and reschedule them for lack of proper dress down here!

Different strokes for different folks. If it were me, I would take the time to go to court as an observer just to see how that particular court works. In the respectfull South, or here in the Midwest, a suit helps. Maybe in New York, or New Joisy, respect is misinterpreted as showing off. If nobody dresses up, don't dress up. If successful participants dress up, do likewise.

John

 

[joed]

Re: sold a boat and it busted!

I am still confused about the amount awarded. If they asked for $1600 and you offered $500, how did they get $2100?

 

[SwampNut]

Re: sold a boat and it busted!

They sued for $4200. The "judge," being a spineless and clueless idiot, decided that instead of ruling on the merits she'd try to make everyone half-way happy.

 

[oops!]

Re: sold a boat and it busted!

joed read #381 from rogerwa

4200-2100= split the cost of the boat down the middle.

cb are you still going to appeal?

please read my earlyer thread about hours running the boat on the civil papers and what the kid said in court. might help you.

 

[joed]

Re: sold a boat and it busted!

I still don't get it. The boat cost 4200 OK. Why would he get half the cost of the boat?
I assume he sued for $1600 because that is what is cost to repair it? I guess nobody ever really said for sure. Cost of the repair or half the cost, would what he is entitled to if anything.

 

[amynbill]

Re: sold a boat and it busted!

I would not follow that advice. This is the south and I would never dare go to court in less than a tie and would never answer an questions without a "sir" or "mam" following my response.

I would rather be judged as having more ability to pay a fine than risk being judged as disrespectful. He did not see a judge, but I have seen judges send people out and reschedule them for lack of proper dress down here!

lol..I didnt say go in jeans It was more the combination of being in a suit and having an attorney in a civil case. COuld be a regional thing, but here in da north, neat apparel and self representation is the norm. The ones who wear suits and bring attorneys, I have been told and I have seen, are usually the ones who make less of an impression in a civil case.

Besides, seemed to work in My Cousin Vinny

 

[country_bumpkin]

Re: sold a boat and it busted!

I still don't get it. The boat cost 4200 OK. Why would he get half the cost of the boat?
I assume he sued for $1600 because that is what is cost to repair it? I guess nobody ever really said for sure. Cost of the repair or half the cost, would what he is entitled to if anything.

Exactly! She was clueless!

 

[joed]

Re: sold a boat and it busted!

Glad to see I am reading this correct. I just couldn't understand it.
Definite appeal to me, a non lawyer Canadian.

 

[Nandy]

Re: sold a boat and it busted!

Let us know for when is the appeal. Hopefully you get to see a real judge.