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HELP! another craigslist thread - I'm being threatened to be sued!

Discussion in 'Small Claims & Municipal Court' started by dont_sue_me, Nov 16, 2011.

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  1. dont_sue_me

    dont_sue_me Law Topic Starter New Member

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    A month or two ago, I listed 4 winter car tires that were taken off my girlfriend's car that we had recently purchased. The buyer came and picked them up and when he was here, I explicitly asked him to check out the tires before he paid (they were in large plastic bags provided by the tire store when they were taken off the car) but he declined the offer.

    A week or two later, he called me up saying that he was in Les Schwab tire store trying to have them mounted onto his wife's car but Les Schwab said that there was a big enough bubble that they could not mount one of the tires. Put on the spot, I verbally offered him to come and return the tires for a refund. I have since changed my mind and have offered him $60 (I sold the 4 tires to him for $260) as a form of refund for the one faulty tire.

    He has now written two emails in the last couple of days threatening to take me to the small claims court if I don't pay him $100 instead of the $60.

    When I sold the tires, I genuinely had no knowledge of any issues with them. They were taken off my girlfriend's car as they were winter tires and we bought the car in July so I needed/wanted to get them off before we wore them out. She had driven her car from Vancouver BC to Seattle (approx 150 mostly highway miles) on them without any issues and there is absolutely no way I would have let her do that if I knew there was anything wrong with the tires (or anything with the car!)

    He claims "I record and date everything, to prevent any misunderstanding's, and with cell phones you have both date, time and length of call. With speaker phone you also have others witness what was said....It was your choice to have me return the tires to you and you would refund the amount paid ($260). This conversation was overheard and witnessed by several people, they also signed a letter of fact that day."

    What should I do?
     
  2. army judge

    army judge Super Moderator

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    Ignore him.

    He has no case.

    Let him sue you.

    He has to prove his case, unless you've been blabbing and talking about this.





    If you have been blabbing (most people do), pay him the additional $100.

    He might still sue you.

    So what?




    At most he'll only get $260.

    The court won't make you pay.

    He'll have to be smart enough to collect.

    All the court will do, if he wins, is give him a piece of paper saying you owe him some money.

    He's then got to be smart enough to collect the money.

    If I were you, I'd stop talking to him and let him do what he has to do.


    I wouldn't give him a dime.

    But, I wouldn't have sold him some old tires, either.
     
  3. dont_sue_me

    dont_sue_me Law Topic Starter New Member

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    Thanks Judge Amy!

    What do you mean by blabbing? I've told one friend and posted this thread and that's about it!
     
  4. army judge

    army judge Super Moderator

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    Your biggest mistake was talking to the dirt ball that bought the tires.
     
  5. army judge

    army judge Super Moderator

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    This tells you how small claims works in WA.

    http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal

    It'll cost the dirtbag about $60-70 to file the case and ave you served.



    How Much Does It Cost?

    You must pay the court clerk a filing fee at the time the suit is filed.
    The filing fee ranges between $14 to $29 depending on whether the county you file the lawsuit in supports a dispute resolution center.

    You may have some additional fees payable to the sheriff or process server to have the Notice of Small Claims served on the defendant.

    As an alternative, you may serve notice on the defendant by registered or certified, return receipt mailing.

    If you win your case, you are entitled to recover your costs of filing and service fees.
     
  6. army judge

    army judge Super Moderator

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    It will cost this dummy more money to to start the collections process.

    All over 200 lousy bucks.

    How Do I Collect My Money?

    A money judgment in your favor does not necessarily mean that the money will be paid. The Small Claims Court does not collect the judgment for you. If no appeal is taken and the judgment is not paid within 30 days, or the time set by the court in the payment plan, you may request (in writing) and upon payment of a $20 fee, that a transcript of the judgment be entered into the civil docket of the court. At that time you may proceed with a method of collection such as garnishment of wages, bank accounts, and other monies of the defendant or an execution may be issued on cars, boats, or other personal property of the judgment debtor. Remember, the clerks cannot give you legal advice. You may need the assistance of an attorney or collection agency at this point. In the alternative, you may take your transcript of the judgment and file it in superior court for a fee of $20. Other fees may be required by the superior court clerk or county auditor. When this is done, it places a lien against all real estate in the name of the judgment debtor that is located in the county.
    When the judgment has been paid in full you must send written notice to the district court that the judgment has been satisfied.
     
  7. dont_sue_me

    dont_sue_me Law Topic Starter New Member

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    Thanks for the links.

    Looks like he's going to have to make the one hour drive to file in my local court too!
     
  8. army judge

    army judge Super Moderator

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    That is exactly right.


    If he wants to sue you in small claims, he has to do it in your backyard.
     
  9. dont_sue_me

    dont_sue_me Law Topic Starter New Member

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    It's more like 40 lousy bucks since I've offered him $60 and he wants $100! :nuts
     
  10. army judge

    army judge Super Moderator

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    Some people are too damn greedy for their own good.

    Hold your ground.
     

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