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Manager being sued by customer

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uncledako

Junior Member
What is the name of your state (only U.S. law)? MD
I am manager at a Auto Service Center and a customer is suing me personally in a small claims court for items he said were missing from his car. Can he sue me or should he sue the company? The dealership is incorporated.
 


You Are Guilty

Senior Member
What is the name of your state (only U.S. law)? MD
I am manager at a Auto Service Center and a customer is suing me personally in a small claims court for items he said were missing from his car. Can he sue me or should he sue the company? The dealership is incorporated.
Well, if he says you stole them, he should be suing you individually. If he says you just run the store where 'someone' stole them, then the corporation should be the defendant.
 

uncledako

Junior Member
He is not saying I stole them just that I run the place where they were stolen. Is there a legal term for that? The amount of the suite is not worth a lawyer. Is there any defense I should present.
 
It sounds like you may have a shot at disposing of the lawsuit prior to trial by filing either a motion to dismiss for failure to state a claim, or a motion for summary judgment. What exactly does the complaint state?
 

uncledako

Junior Member
His car was repossessed while in my shop and he claims some items were in the car when it was repossessed. The whole case is $1500 which is less than the cost of a lawyer. Is there someplace online I can find a template to submit the motion myself?
 

You Are Guilty

Senior Member
Most small claims courts do not permit any motion practice, much less SJ motions. You will have to verify whether this holds true in your state as well. If it does, simply show up to the hearing and testify to the facts as you've adduced them here.

Since he should have sued the repo company, unless there's more to this story, you should win the case pretty easily.
 

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