Posted by Small claims on May 13, 2011 at 23:15:58 from (68.149.56.30):
In Reply to: Re: Rule of law posted by Mike (WA) on May 13, 2011 at 13:25:01:
Small claims is often set up so a person can present their own case or they could have a lawyer if they preferred. There was a case on here a couple years ago where someone bought an old truck that wasn't roadworthy(rusted brake lines) and attempted to drive it to another state or county a couple hours away. They didn't make it and filed a claim against the seller. It was a bogus claim to begin with because the seller clearly stated it wasn't roadworthy. The buyers filed the claim anyway in their county. At the pre trial meeting, the buyers were going on and on about how dishonest the seller was. Then the clerk asked the seller if he had anything to say before the judge came in. He pulled out a copy of the small claims statute and listed section so and so that stated a lawsuit has to be filed in the county/township where the transaction took place. The clerk then asked the buyers if they understood this. The response, "That's 2 hours away from our house". The clerk told them they could refile in the proper county if they wished but the buyers said they couldn't afford to file another claim. The pre trial was adjourned immediately. I think the seller could have had a countersuit for his expense to drive the 2 hours to argue his point. In this case, I think it should be in the county where the damage occurred. That's where neighbors and witnesses would have been. I think the clerk made a mistake.
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