Robwsup

Well, I had some positive developments today concerning my paint job:

Redneck Paint Job

Help! What are my rights?

I visited the Magistrate's office today and talked to the clerk there concerning some questions I had about the Claim and Recovery process. Turns out the clerk is actually a Constable and told me something good about Claim and Recovery.

I was under the impression that in court I would need to prove that he had my car, and then he would get to counter-claim and argue that I owe him $XXXX.XX in return for the work he had performed on the car. I figured that the judge would award me my car and award him $XXXX.XX for his counter-claim.

Well, I was wrong! He doesn't get to counter-claim! I prove that the Porsche is mine and the Constable seizes the property. If he feels that I still owe him money, he has to sue me in small claims court. And the kicker? He has to sue me in my town, not in his own back yard.

So now I am just waiting for him to try to negotiate again; thinking the $600 I had offered on top of the $1900 already paid is looking pretty good. I'll just let him know that he had his chance to negotiate (3 different times) and now I wish to settle it in court. He is planning on getting some $$$ when we go to court on Oct. 2nd. He sure will be upset to learn that all he will do is lose possesion of my Porsche, and he will have to file another whole lawsuit against me to recover any money he feels is due him. This guy is not known to be too saavy in his litigation and negotiation skills, so he may have a bit of trouble getting his paperwork together. When/if he does sue, I plan to file for contiuances until the court will not grant any more, and then beat him in court when I prove that he illegally held my car, and he breached our original contract of $2000/ 3 weeks.

Yeah, I'm a little excited, hopefully things are going to play out this way.

goingboeing737

GOOD NEWS......Hope it goes well..

iloveporsches

This proves that the system, despite it's best efforts to the contrary, does occasionally work out for the good guy.

Robwsup

Well, it hasn't worked yet, but it looks like it might. I won't know for sure until I drive my Porsche from his house. Man he'll be pissed. I'll have to get some sharks with friggin lasers attached to their heads to guard my car.

User 462021

wow, awesome news...do you still have to wait till october though?

Robwsup

October 2nd. It'll be nice to see his face when he walks in expecting some money and gets NO money instead.

v944god

That's how we do it! Get that car back, and hand it over to me

Geo

I wonder if it would be bad form to moon him when you leave the court room?

led

glad to hear that things are looking good!

GOBOGIE

To repay all those great guys here that offer'd you assistance in giving the right advice... you should video tape you taking possesion of the car and then post it here on the board for people to see. God I'd love to see the expression on his face as you take.

I'd give money to see it. JUSTICE!!!!!!!!!!!!

Ag951

I've got some ill-tempered mutated sea bass, I can sell you.

triscadek

Theres an old joke about a bull and his son standing on a hill overlooking a herd of cows:

The son says "Dad lets run down there and F*%K one of those cows"

The dad says "No son, lets walk down there and F*&K them all"

Just because you've got it don't act like you do until it's your time.

Epic2112

YES!! I second that!

Mike S

I'd do a really thorough check on your car before you attempt to drive it away. He's had plenty of time to cut, rewire, pour sand in the tank...blah blah blah

Jeff928S4

Are you going to tell him in advance that he won't be getting any money in court?

It may be a good idea if you think it may scare him into settling out of court. If he knows he has to go back to court (more $$$) to get money, it would be smart of him to settle this all before court perhaps.

944S Boyeee