Mike Frye

I wonder if there's some way to have a proxy instead of an attorney just show up as your representative in the area.

If that's something that is allowed (like a VERY limited power of attorney), maybe someone in the area can be there to answer the charges and show the judge he's a nutjob and here is a copy of all of the crackpot comments he posted about you online.

Alternately maybe a letter back to him or his attorney from another attorney stating that all he has to do is post a public apology and agree to cease and desist from his public smear campaign and YOU will agree not to counter sue.

I actually went through the small claims court process once and I never did get to present my case to the judge. They make every attempt to get you to go through mediation before the judge will actually hear the case. That means several different appearances and several hours each time just waiting for everyone's names to be called and then having everyone involved asked several times if there is ANY way to resolve it. It's a very frustrating war of attrition that he is betting you don't have the time, money or more likely inclination to fight.

His upside: (you give up and pay) he gets 'vindicated' for his crusade if you pay
His downside: (you fight in court and eventually win) he gets to drag you through the process, costing you at least what the original part cost, most likely much more

Your upside: (you fight and inevitably win) you potentially win the case, having spent more to defend your name and prove he's a crackpot, but at a price of much more than it would have cost to placate him
Your downside: (you give up and pay) you end up just paying him the original amount, and kissing that money goodbye, knowing that was the least expensive to your wallet and your peace of mind.

At this point I don't think he can win unless somehow you can avoid court by pre-empting this thing from playing out. The only way I think this can work is if you go on the offensive and prove to his attorney that you can win an independent libel case.

I wish you luck with this. When this crap starts, everybody takes a bath except the lawyers.

fraggle

Listen to courtshark, there's a reason his username is as it is.

mickster

+928,000!~

Mongo

Courtshark has a great point. I think he's just sabre-rattling right now with his attorney. It would be too costly to sue over a $200-something dollar headlight. Legal fees alone would trump that total.

69gaugeman

not defending anyone here, but sometimes principal is more important than money.

Mongo

More like egos to some.

WallyP

Too bad it's not in Georgia rather than Tennessee. Georgia takes abusive litigation pretty seriously.

The Georgia legislature created a new tort that may be used as a defense by plaintiffs or defendants. It is a tort for abuse of the judicial process. It occurs when a party brings a claim or asserts a defense with malice and without basis for it in law or fact.

Courtshark

Abuse of process isn't a new tort! Originated from common law as "malicious prosecution." Sounds like they've codified it, though, which is good.

Mongo

All the more reason why I love Rennlist. Not only do I learn more about my car, but I learn more about the laws of the land.

Brett Jenkins

I'm in Brentwood, too, if you need anything.

Mark Anderson

Thanks for all the help. I've had lots of great support off line and will take the advice of the many professionals that have offered.

In some ways I feel like I was sucker punched in a bar and 1,000 good friends jumped in,
thank you

Maybach_Man

Mark:

I have not delt with you much....but you need to realise that according to threads i have read, other people have been sucker punched by their car and you were there to jump in and help.

To use Andre's phrase You have paid it forwards.......... lots!

Best wishes

Geoff

Mike LaBranche

Mark, you've been fair and honest with this crowd for years, it's not like we'd support just anyone. You have earned our trust and respect by just doing what you've done all these years. Quality parts, first rate advice, bend over backwards customer service. We thank you.

Hell, just watching you have over a second a lap on the 911 crowd at Laguna Seca is enough to have won my support.

Cheers and give 'em hell Mark.

Randy V

I had a feeling those 928 International guys were a shady bunch.

Now we have proof at last!

tveltman

Well, I'm no attorney, but I do know a good hitman....

(just kidding, obviously. Don't want that jackass to sue me too)