Posted 2010-04-30 1:17 PM (#119549) Subject: Any Attorneys here? Small claims question-need help
Elite Veteran
Posts: 610 Location: Northern CA
Hi all,
Ok- I had two horses boarded at this guys place for 2 years.( Northern Cali ) His wife passes away and he gets weird on me. He tries to manipulate me into moving in with him! I refuse, nicely though, several times. This guy (71 years, me 36 years.)finds out that I moved in with a friend that had a room for rent. This guy goes weird. He tells me to get my horses out. So i did. Now he is coming at me with small claims court! There was never any written agreement between us regarding anything. He was looking to have horses out at his place just to help keep the grass down. He refused when I offered to pay board...stating that he didn't need the money and that he was just happy to have grass kept down because Fire Department was after him regarding keeping the place mowed. He is threatening to sue me in small claims. (He hasn't actually filed yet) but I know that he will. I had to file for a restraining order on this guy. He has been harassing me at work and actually came to my house the other day! Unfortunately the judge did not grant me an restaining order just a court order to stay 100ft away from me is all! This person is going to try to sue me for damages to the dirt road that led out to the barn, and to the old concrete slab that existed form years ago ( no permit for it-used to house an old chicken or turkey barn ) I did NO damage to anything on his property. I know that he has no proof ..before and after pics. Like I said, I did no damage..this guy is just a jerk. This all happened in Nov-Dec of 2009. I just had to go to court yesterday for the Restraining order against him which the judge did not issue.
What should I expect here? I have no money to pay an attorney. My income has taken a 50% decrease over the last two years.
Does this guy even have a leg to stand on in small claims court?? What should I expect and what should I be doing now to prepare for it? Believe me,I know this guy is going to submit papers in court just to harass me.
Posted 2010-04-30 2:46 PM (#119555 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Veteran
Posts: 197 Location: MT
First maybe you should do some homework and if my memory serves right you can't take lawyers to small claims court (thats why its called small claims). Most he can even sue you for is $7500, so relax and realize that once you get to court this guy will probably get his case thrown out. And small claims court comes down to you and he in front of a judge and that judge decides on how much money you will actually have to pay.
I'm guessing the easiest way around all this is talk to him out of court and try and settle. Site below might help amazing what 30 seconds at google can turn up. http://www.courtinfo.ca.gov/selfhelp/smallclaims/
Posted 2010-04-30 3:50 PM (#119556 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Regular
Posts: 99 Location: New Mexico
He will have to prove in court what damages you've done, a contract for board, he will have to have pictures, etc. You might try to get past reports from the fire dept ordering him to keep grass cut and that way you could say your horses were providing a service. Sadly some people personalities change dramatically when a love one passes, grief becomes anger. Please keep a log of any contacts from him, whether from calls or visits. Also keep your employer informed, close friend, spouse, etc. I hope you pulled your horses from his place, if you have, inform the people where you have placed your horses of what is going on. Please keep us all informed with updates.
Posted 2010-04-30 7:32 PM (#119560 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Member
Posts: 28 Location: Southern Indiana
I've got a "Freind" in the Amish Mafia.. He would take care of it for you. Could have a ride by shooting. clip clop clip clop sssss BANG! clip clop clip clop.... Only problem would be it would take him a couple of months to ride there from Indiana.. Just joking.. Honestly I don't think he has a leg to stand on myself without good proof..
Posted 2010-04-30 10:04 PM (#119566 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Expert
Posts: 5870 Location: western PA
Small claims courts are based on the "preponderance of the evidence". The plaintiff has to prove that you did something wrong for him to collect a judgement. He has no written documentation or any witnesses to corroborate his statements of verbal contracts. He has no before or after photos, showing damages. It's strictly his word against yours. The person that is more creditable and has the most amount of documentation usually wins.
In order to win his case against you, he has to prove specific damages that your deeds have caused him. He has to specifically show that he was financially damaged by your actions, and show proof as to the amounts. For him to file his case, he has to prepay a fee based on a percentage of his claimed losses, and court fees. If he looses, these is not refundable.
Many states will allow you to have a lawyer with you, but he can only act as a witness, and you must represent yourself. You don't need one at this stage. Build your case with a list of his transgressions, with dates and times. The court order in your favour will help your defense, and partially show his inappropriate actions. Document all your actions, what you did, when and why. Write these down, and use them as reference while you're speaking.
If the worst happens and you loose, the judgement can be appealed. You will then have a second chance to try your case again, before someone who usually has a higher authority.
Don't be afraid of small claims court. Unless the magistrate is in bed with the plaintive, you will have a good chance to make and win your case. His is harder to prove, not yours.
Posted 2010-05-02 12:03 AM (#119603 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Elite Veteran
Posts: 610 Location: Northern CA
Thank-you all for your advice. I have been under a lot of stress. This year has been really bad for me so far. One thing after another ya know?
Gard, yeah- I don't think anyone would go to bed with this guy!!!Hahahaha
So I guess that means I am in the clear!!
The more of your responses I read,the better I felt about this whole thing. The guy has no before pics, i am pretty sure of it. Funny that the fire department uses this dirt road if there is a fire in the housing area on that hill behind his place. Those huge fire trucks go up that dirt road too. They used it at least 2-3 times while I had the horses there. If anything , I kept the weeds and grass at bay.
I do have a timeline that I have been keeping since the very beginning.
Thank-you all for helping to relieve anxiety, and for the good advice.
I will keep you all posted.
It is a court website loaded with information about this court's jurisdiction and its procedure.
It does not sound like he has a valid case. But frivolous cases are filed. That still puts the defendant through the hassle and emotional turmoil of a lawsuit.
Posted 2010-05-02 11:49 AM (#119615 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Regular
Posts: 74 Location: NW
doesn't sound like he has a leg to stand on. We had to go to small claims over a stupid renter that tried to screw us over good. He had NO proof of any of his "stories", we had pictures, signed statements, all timeline written down on things. He really looked foolish in court w/his little whines. Now - what might back the guy off - if he does file, counterfile w/something like a harrassment suit. Make sure you have every time he's contacted you documented, what he wanted, what transpired. If you have anyone that witnessed any of his behavior (coworkers for instance) you can take them to testify OR get a notorized statement from them.
Posted 2010-05-03 12:05 PM (#119658 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Veteran
Posts: 229
jackbrat, I'm no lawyer but, if you have not paid him money in the past, then there is not even a de facto contract! However, I do know some about old people. Like an earlier poster mentioned, you are probably seeing grief/stress anger and very possibly some onset of dementia/senility. Some of the behaviors that you mentioned are not unusual in people who are experiencing the onset of some types of dementia. Often there is fear and panic in the older folks when they are suffering loss, both of loved ones and their mental facilities. Sometimes these emotions manifest themselves as anger. Hopefully this will be resolved soon and you can move on. Don't sweat it! It will be OK. Just calm down so that you will be able to prepare and be calm when you expain things to the judge. In my past experiences with the judges (several), I have found them to be reasonable and fair. On an aside, how far north are you. I'm southern Oregon.
Posted 2010-05-04 1:20 AM (#119686 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Elite Veteran
Posts: 610 Location: Northern CA
Hi Horsecamper,
I live 1 hour West of Sacramento.
No- Never payed this guy board. This person stated that since he didn't have a license to board horses, that he could not except money.He said that he was happy just to have the grass grazed down so that he did not
have to mow it.
Posted 2010-05-05 8:20 AM (#119738 - in reply to #119549) Subject: RE: Any Attorneys here? Small claims question-need help
Regular
Posts: 88 Location: beaumont texas
as mentioned by several others, keep records of events (from the time you started keeping your horse there, date of death of man's wife, dates he contacted you with simple, factual notations of what occurred, etc.)
when you go to court, be respectful to the judge AND the old man. be organized with your materials. keep calm no matter what the man says or claims. he will have to present his side first, so let him rant and rave or whatever....he will make himself look crazy. the judge will then ask you to respond, so keep your cool! keep to the facts as much as possible, present your side calmly. (no rolling of the eyes, no huge sighs when the man says something crazy.) if you have witnesses to his harrassment, make sure they are there or have the notarized statement from them.
it sounds like the man doesn't have anything to support his claims, so i really don't think you have anything to worry about. (oh, and i also like the idea of you filing a countersuit for harrassment, which probably won't result in you getting anything, but its a good move.) good luck.
Any Attorneys here? Small claims question-need help
