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Bogus Small Claims Suit?

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amclint

Junior Member
What is the name of your state? Colorado

My wife has a pre-marital debt, specifically she worked for an auto repair shop (in Missouri) that had fixed her car a few times and the owner told her she could pay "what she could, when she could". There is nothing in writing as to any specific timeline of payments. So she had this account with a balance after she quit and we have been paying fairly regular payments to the company, usually monthly.

We recently moved to Colorado and forgot to give them a forwarding address, because we were not getting a statement from them we didn't pay for 1 month. We did send a payment which they cashed, and I have a copy of the cancelled check.

The next month I get a summons to court, with only me listed as the plaintiff, nothing about my wife is on the papers anywhere. I spoke with an attorney who told me that because it is a pre-marital debt I am not liable for it so the small claims suit will most likely go in my favor, but I would still have to show up otherwise the judgement against me is automatic.

My first question is this, is there anyway to get out of going out there?

Second question is can I sue them if the lawsuit goes in my favor, for travel expenses and lost revenue from my business?

Where I have never had any dealings with the shop I think it's pretty crappy that they can sue me and make me drive all the way to missouri. What is to keep someone in NY from suing a person in California and making them travel? Are there no laws to regulate this?

Also, my summons was delivered really early, and the officer didn't sign anything, is that normal? The summons says it has to be delivered no earlier than 30 days from the court date but I recieved mine 45 days before.

Any help or advice is appreciated.
 


JETX

Senior Member
amclint said:
is there anyway to get out of going out there?
Yep. File a 'Motion for Summary Dismissal' offering the information you provided here... that you were never indebted to the plaintiff and have no obligation to him.

Second question is can I sue them if the lawsuit goes in my favor, for travel expenses and lost revenue from my business?
No.
 

amclint

Junior Member
I found this on a Missouri Bar website that had some small claims handbook, does it mean that I could file for damages in the same small claims suit?

"Furthermore, the defendant may file a valid claim against you (a counterclaim) and the judge could decide that you owe the defendant money."
http://www.mobar.org/pamphlet/smllclam.htm
 

JETX

Senior Member
amclint said:
I found this on a Missouri Bar website that had some small claims handbook, does it mean that I could file for damages in the same small claims suit?
Of course you can file a lawsuit or counterclaim. That is your right.... after all, anyone can sue almost anyone else over almost anything.

However, there is nothing in your post that would even suggest you would win. Travel expenses and 'lost revenue' are NOT recoverable in this case.
 

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