sold a boat and it busted!

[GatorTom]

Re: sold a boat and it busted!

Counter sue for legal fees if (and when) they lose and for travel expenses and lost wages. Sounds like these people are very familiar with the courts and have probably done similar before to get people to cave in to avoid going to court. My wife and I have had an experience similar to this with a family of low lifes in our town. We ended up winning and the court transcript even states verbatim the judge calling them scam artists. From what I understand, they have sued several people in our area. It's been 2 years and I'm still making their life miserable every chance I get. We happen to own a lot next to the trailer that they moved into recently. There is now a sign on our lot pointing next door that says "Scam Artists". The father tried having us take it down and was basically told to jump in a lake by the S.O. since we are not specific to as who we are talking about.

 

[TBarCYa]

Re: sold a boat and it busted!

I know you said you have an attorney working on your case but see if he has a colleague who is a regular in the court you're going to as this will go a long way. Especially if they have friends in the court system.

 

[jeeperman]

Re: sold a boat and it busted!

I don't think an attorney took their case.

Let's just say that it has come to my attention that these people have an intimate knowledge of the Knox Co. court system.

Ha,
Sounds like you have plugged their names into the Knox County Circuit Court public records website. Do they have healthy list of criminal and civil visits to the courthouse?

And so far you only know of the boats condition from what THEY have told you. Maybe the boat is fine and momma just wants junior to take it back to you for a refund. That $$$ was momma's booze, cigarette and bingo money.

"Junior, I told you to sell the bike, not sell it and go buy no damn boat!
But mama, its a durn good boat, nothin wrong wit it.
Pull the oil plug and run'er till she siezes, then blame the seller feller.

 

[Cptkid570]

Re: sold a boat and it busted!

If they have a long list of people they've sued from similar situations, definitely keep that list printed out and show it to the judge during the court hearing..

If it's just a simple small claims court thing, then I would think that you could represent yourself, explain to the judge everything that you did, slip him a copy of all of the frivolous suits these people have made on others, and then let the judge make the decision.

 

[bruceb58]

Re: sold a boat and it busted!

I will repeat my previous question.

Is this case going to be tried in small claims court?

 

[aerwin]

Re: sold a boat and it busted!

in our area, all papers that the judge can see are the ones that are filed at the court house and have to be sent to the other person. the judge or mediator won't even look at it unless it has been filed with the proper form and has the county superior court stamp on it. it sucks that the other person has the right to see your filings but you also have the right to see theres. thats just the way it is in CA family court. small claims might be different. make sure all of the papers are done correctly and within the deadline. Judges also like well behaved people on the stand. people with attitudes and big mouths usually hang themselves, you just provide the rope

 

[country_bumpkin]

Re: sold a boat and it busted!

I will repeat my previous question.

Is this case going to be tried in small claims court?

General Sessions Court

 

[rebuilt]

Re: sold a boat and it busted!

He's gotta prove a wrong was committed on your part. In civil actions it's called a tort. Some free definitions http://en.wikipedia.org/wiki/Tort (Ask your counsel) Legaleze for intent to commit, (deception, etc.) It's just not here. It's a doggone shame they've gotten ugly. You've shown more than good faith here. KR

 

[DayCruiser]

Re: sold a boat and it busted!

This reminds me of that case where the attorney/judge in NY sued the Korean dry cleaners for umpteen millions for losing his pants. His reasoning was that they advertised "satisfaction Guaranteed" and he wasn't satisfied. The judge lost but the Koreans about lost their business. The only thing that could go against you is what you advertised. You got to be careful how you word your advertisement. Hopefully the "as is" clause and no deception intended will make this case go in your favor. I would just go in there and take the bill of sale and the test drive info and let the chips fall where they may. Maybe counter sue for court cost.

 

[dvan1901]

Re: sold a boat and it busted!

A few, very important things. Stick with the lawyer route and DO NOT try to go to court yourself. I almost did this for a case brought against me and my lawyer said "don't do it, they (the court) will take advantage of you and give you a stack of paper work and fees" He was right and got the case thrown out all together. Work with a local lawyer too if you can. They can go to the court house and do all the work without you being there (that's what I did as mine was in another state). All you should have to do is sign a piece of paper giving him the power to act on your behalf. Also, work with the lawyer for a fixed cost to handle the case; saves yourself money in the long run. I repeat, DO NOT try and do this yourself; you will get lost in the system. Have your lawyer find you a local one, it will be in your best interest.

 

[bruceb58]

Re: sold a boat and it busted!

How much are we talking about here? $3500 or so? Not sure how much lawyers run in your neck of the woods but at between $200 and $300 an hour, I would take a chance and represent myself.

 

[QC]

Re: sold a boat and it busted!

I would take a chance and represent myself.

Me too. Unless there is some major crooked carp going on this is a done deal . . . we honestly can't let this stuff scare us or we are all victims. Yes, I know there is risk, but this kinda stuff has to stop and the beginning is to not be intimidated

 

[dvan1901]

Re: sold a boat and it busted!

How much are we talking about here? $3500 or so? Not sure how much lawyers run in your neck of the woods but at between $200 and $300 an hour, I would take a chance and represent myself.

I'm not a lawyer; I would not do this. Like I said, pre-negotiate a price with the lawyer. If you go into that court by yourself and they happen to have a lawyer you will get screwed. You need someone who knows the system. My lawyer filed three different motions on the first day that I would not even have thought about doing. Plus, if anyone tries to contact you, you will have to answer the phone or talk to them; if you have a lawyer you simply say "sorry, you will have to contact my lawyer." Most lawyers will do something like this for a fixed fee and you won't have to worry about an hourly rate. I think mine charge like $600 or something like that; and got the whole thing thrown out. Money well spent. I just simply would not try this on your own, the system is too complicated.

 

[freddyray21]

Re: sold a boat and it busted!

the problem with jurisdiction in this case can be kinda sticky. Normally if you put an ad in the paper in one county and it sells in that county then the court of proper jurisdiction is that county. However, in this case the ad was placed on the Nashville craigslist and then he sent money to you via paypal. Nashville maybe the proper jurisdiction. I am not an attorney though. My brother is although only here in Missouri and Illinois, but I will ask him. Bottom line is this. You sold a boat as is with no warranty. You let him test drive it for an extended time period. (your dau went skiing). Once he took possession it's not your problem and the judge should see it that way.

 

[freddyray21]

Re: sold a boat and it busted!

in small claims court here you are not allowed an attorney. you could have it kicked up to circuit court and then you can have an attorney.

 

[freddyray21]

Re: sold a boat and it busted!

I would file a motion for dismissal due to lack of jurisdiction.

 

[saumon]

Re: sold a boat and it busted!

Nobody seems to have noticed that you mention, in the ad, that the engine "fires right up". It's more than enough, you even give him a warning that it would catch on fire!

Seriously, i can't imagine you could loose this case for all the reasons mentionned, but i'm sorry for all the troubles it cause you.

One of my favorite part is "Mechanic told them that the boy did not cause the damage" Mechanic my ***! Probably said by the BIL between the 8th and the 9th beer...

 

[freddyray21]

Re: sold a boat and it busted!

there is no way for a mechanic to tell who caused the damage. My guess is he changed the oil after picking the boat up from you and didn't get the drain tight or the oil filter on right. I changed a filter once the old gasket stuck on the motor and I didn't realize it. At idle with two gaskets it was fine, but start running the motor it will run out quick. He might has also gone to Auto Zone and just tried to match up the filter to save money. I mean anything is possible, but none of it your fault.

 

[Scaaty]

Re: sold a boat and it busted!

This is a reason I hate to sell anything. If fact, I will NOT sell anything to anybody thats stupid (motorcycles or boats)...it can come back and bite ya. What these fools need is a good punch in the nose..
Used to be what ya sold, now its who buys it..make sure they aint scammers or whiners, and can spin a wrench..(and get EVERYTHING IN WRITING)

 

[country_bumpkin]

Re: sold a boat and it busted!

How much are we talking about here? $3500 or so? Not sure how much lawyers run in your neck of the woods but at between $200 and $300 an hour, I would take a chance and represent myself.

Sold the boat for $4,200

They claim that it will take $3,500 to fix it. So, yeah, that's what there suing for. Sounds high to me. You can buy a BRAND NEW engine on ebay for 2K.


The lawyer is a friend and I certainly intend on paying him. I am relying on him to tell me what to do. I do agree I can represent myself IF I have to travel to Knoxville , but a little help on the front end to try and get the thing thrown out, and then some coaching IF I ultimately have to show up gives me more confidence.