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Posted by 135 Fan on February 05, 2009 at 22:27:55 from (68.149.56.30):

In Reply to: O/T Bad Truck Deal - (UPDATE) posted by Turke Bros. Farms on February 05, 2009 at 10:28:11:

Now that is FUNNY! I went to court and although I didn't get as much as I should have, I won. Then the judge said I could speak to costs and I got another $250. Then the -itch from the other side stands up and asks about costs for their preparation time. The judge says rather sternly, you lost! The plaintiff didn't get all he was asking for, but you lost! The jurisdiction thing is the same as with any traffic laws. They have to be handled in the district they occured in. You should even be able to apply for costs for 3 hours of travel time to get there because you won. It would have cost her a little to file the claim and I don't think she can get it back. She will have to pay to refile in the right county as well. If she does refile, counterclaim for the 3 hour drive and all the time took for the first court appearance. I bet the judge told her to get a lawyer because he knows she will really peeve another judge. Also because he knows a lawyer will inform her she would lose. Even though the judge dismissed the claim, I'm sure he would have reviewed the pleadings from both sides. If you get served again and have to go back to court, I think you would have a chance at getting additional damages for such a ridiculus claim. She was probably late for the mediation because was trying to make you think she wouldn't show and then show up and scare you. Either that or she didn't have a road worthy vehicle to get there. Dave


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