Court costs and Damages Tn.

[sneaky pete]

What is the name of your state? Tn.

On 3-16-05 I won judgment to get my car back from the body shop. To break it down in a nut shell I like a dumy paid he up front. Now the car is in worse shape than ever,all molding, bumper,etc all inside the car. There is body filler (still bare ) and bare metal on all fenders and doors. BTW he got the car in mid summer. I had done bussiness with him before and everything ok.
Am I correct in thinking that I can now go after him for
#1 court costs
#2 the difference in the value of now vs what is was before he got it
#3 the amount that I paid him to fix it?
#4 One more question, can I figure my time as gas as part of costs (reasonable of course)

ps The judge and I are good friends so I dont think it would be right to call and discuss this matter

This is the best free site I have ever seen and this is my first post so I hope I posted in the right section. I am a REAL slow puter guy.

 

[rmet4nzkx]

What kind of judgement did you win?

Did you ask for court costs?

Was this in small claims court?

We need more facts to answer your questions.

 

[sneaky pete]

All I got was my car back. I did not ask for dammages because all I had was retire warrant. I talked to the asst Da and he advised me to go this way because proving obtaining funds under false pretense was a hard case to prove. He said he thought I would not much problem after judge Raymond Morris heard the facts.
I also have pictures and audio tape when I was talking with him and there was only the two of us in the shop and I believe the tape is legal in Tn as long as one of the two is aware of the taping.
In the it is known as general sessions court.

Thanks

 

[JETX]

Am I correct in thinking that I can now go after him for
#1 court costs
#2 the difference in the value of now vs what is was before he got it
#3 the amount that I paid him to fix it?
#4 One more question, can I figure my time as gas as part of costs (reasonable of course)

In order to answer correctly, we would have to review ALL the facts of your previous lawsuit (and judgment). The problem here is what is called 'Res Judicata' (the civil equivalent of 'double jeopardy' in criminal matters). Simply, the issue is if your current questions were heard in the original lawsuit, you can't refile on them latter.

In any case, the answers to your questions are:
- #1: If you mean court costs for a future filing, yes. If for a previous lawsuit, no.
- #2: Possibly... depends on the full review of the case. Ask anyway, let the court decide.
- #3: See #2
- #4: No.

 

[sneaky pete]

Great question. The judge did not hear the questions I posted on this forum!
The guy at the body shop wanted to bring up things and the judge refused to hear them. I think he might have done this for my best intrest. I used to have a chev dealership and a used car lot and been before him many times.
I was able to represent myself because I was not a corp and never lost a case not even a few that went to curict court. I did lose a ck case when I was 16 yrs old.

Thanks again

 

[rmet4nzkx]

UH????This makes even less sense than before What are you not telling us since you will not answer our questions?

 

[sneaky pete]

Well I thought I answered the question please look at my pervious post.
He agrred to fix the car and would not finish the car. All the judged said was I could go pick up my car.
Please help me understand what you need.

 

[JETX]

Please help me understand what you need.

Simple answer.... if the questions/claims you are raising now we heard as part of the previous lawsuit AND if the court ruled on them, you can't go back and try to recover them again.
However, if the claims were NOT made or heard earlier, go ahead and file again. The defendant can claim 'Res Judicata'.... and the court will rule accordingly.