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?? Counterclaims by defendant

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T

twisted

Guest
What is the name of your state? OR

Being Sued For A Pony I already paid for..
With Products and Training Of A Horse.
Plus A Check for the ballance..


My question is what is a counter claim exactly
consist of..??

Can I counter claim for all my retail cost of the products that were traded for the pony and the training cost of the horse I trained I would have normally been paid cash for??

And is my cost of feeding this pony and getting it healthy again
something that would be considered in a counter claim???

Ok Ive never been through this before so I have no idea what to do now???

I dont owe this debt I already paid yet Im being sued for it ..

Thanks
Totally twisted this time..
:confused:
 
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T

twisted

Guest
counter claim whats allowed??

So what is allowed as a counter claim..
The amount I have paid this person since I
have all my receipts and statememts?

And can I add the care cost also??

Just what is allowed for a counter claim??
Below is what i find But its not specific on what is allowed..



(1) The defendant in an action in the small claims
department may assert as a counterclaim any claim that, on the
date of issuance of notice pursuant to ORS 55.045, the defendant
may have against the plaintiff and that arises out of the same
transaction or occurrence that is the subject matter of the claim
filed by the plaintiff.
 

BL

Senior Member
What did they contract of sale state ??

Your post is a bit confusing . You said you paid for a horse .

Who is suing who and for what ?
 
T

twisted

Guest
Contact pony

Im the one being suied Im the purchaser..


Contrat stated $1500.00
Purchase for pony was paid in consideration of dynamite products
at retail cost and horse training ..

Then latter seller decided to change it..
that the products already received and
consider the ballance being paid for halter training of a non halter trained un handled horse..

Did the Training

Then Nov 22nd Plaintif decided to change again and wanted $500.00 cash and every thing I already had invested
Which I never agreed to the changing terms..

Then Dec 2nd I was served with a small claims for $1000.00
 

BL

Senior Member
A deal is a deal .... Did you give theme reasonable written notice and time for them to train it as contracted ?

If so,and they refused , or the training was to be completed on a certain date and wasn't, then you could certainly counter sue for having to train the horse .

I don't know what your getting at by caring for the animal, you purchased it .

Ask the court to dismiss there claim, as you meant you obligations of the contract, and to be compensated for the training .

A person can not unilaterally change a signed contract.

Yes file a counterclaim and have it served before the court date. Also get expert written estimates of cost for training a horse.
 
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H

hexeliebe

Guest
Is any of this in writing? Or at least were there witnesses to the verbal agreement?
 
T

twisted

Guest
Being Sued For A Pony I already paid for

I have a witness to all of it..
This witness was with the person when they brough the pony up and has known and been there each time the plantif
decided to change plans..

The witness has seen every thing that has happened..

I have receipts for all the products that were traded for the pony
and the date I started the training..

But no writtin purchase agreement,,
Only the witness who has witnessed every thing..


:eek:
 
H

hexeliebe

Guest
Then tell the seller to , and you can quote me on this:

"PISS OFF!"

He will probably take you to small claims court at which time your witness will stand up and say "Yes, your honor, the original deal was for $1,500 but he kept asking for more and more."

At which time the judge will say "Case Dismissed, costs to plaintiff".

By the way, what type of lunge lines do you use, leather or stretch nylon?
 
T

twisted

Guest
I feel better almost..
Feel like I should write my testimony up and all infomtion I have and let some one sift through the stuff ..

Correcting my language and telling me whats needed or should be said and whats bull s----

I just cant believe the fact that she tried to steal this pony back from a 10 year old girl ..Not to mention at Christmas time .. What a low life...:mad:

Any way Lunge Lines

When I use a lunge line it is nylon ....
Unless Im riding Twister and then its with the metcate rein off the bosal

I free lunge with no lunge lines or whips,
Especially when they are unhalter broke and unhandled
Since there is no way to teach a horse until they learn to trust you with out resistance..
I build there trust as alpha so they follow me any where..

Then I will use a nylon lunge line .

Besides Im just a little person 5ft tall and 110 pounds ,
i have to be alpha or they will not notice me..


:eek:
 

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