Frivolous Lawsuits

[halfceo]

STATE: ILLINOIS.

I am getting suid over an ebay auction on a car. I am the seller of the car. Here are the details, car required $200 dollar deposit or full payment via cashiers check or cash. Had a local buyer say he will buy the car but never gave me a $200 dollar deposit so I sold the car to highest bidder on ebay. the local buyer tried giving me a personal check for $5100, which I gave back because I was not born yesterday and required either cash or cashiers check from a bank.

The local buyer is now suing me for $4999.99 for breach of contract. Since there was never anything signed, agreed upon and no deposit ever made I am assuming that this will be treated as a frivolous lawsuit and be thrown out.

Can I get my expenses refunded (day off work, 50 mile drive to court, etc...) by counter suing or is the hassle not worth the time?

Thanks for any suggestions ahead of time....

 

[You Are Guilty]

I am getting suid over an ebay auction on a car. I am the seller of the car. Here are the details, car required $200 dollar deposit or full payment via cashiers check or cash. Had a local buyer say he will buy the car but never gave me a $200 dollar deposit so I sold the car to highest bidder on ebay. the local buyer tried giving me a personal check for $5100, which I gave back because I was not born yesterday and required either cash or cashiers check from a bank.

The local buyer is now suing me for $4999.99 for breach of contract. Since there was never anything signed, agreed upon and no deposit ever made I am assuming that this will be treated as a frivolous lawsuit and be thrown out.

Can I get my expenses refunded (day off work, 50 mile drive to court, etc...) by counter suing or is the hassle not worth the time?

Thanks for any suggestions ahead of time...

How much is your time worth?





(Actually, that's irrelevant - you can't counter sue for your defense costs).

 

[halfceo]

I figured for taking the day of work and the the drive... Approx $300 dollars. I am going solo without a lawyer, so defense fees dont apply. I have never been to a small claims court before but figure I will only have 2 minutes of talking time versus his 2 minutes of talking time before the jugde makes the decision?

I apologize for my ignorance but what is involved in making a couter claim.

1. Do I have to present a counter claim in advance?
2. How do I present a counter claim??? procedure wise..
3. Is there a cost involved in couterclaiming?

Thanks

 

[Happy Trails]

I figured for taking the day of work and the the drive... Approx $300 dollars. I am going solo without a lawyer, so defense fees dont apply. I have never been to a small claims court before but figure I will only have 2 minutes of taking time versus his 2 minutes of taking time before the jugde makes the decision?

I apologize for my ignorance but what is involved in makinga couter claim.

1. Do I have to present a counter claim in advance?
2. How do I present a counter claim??? procedure wise..
3. Is there a cost involved in couterclaiming?

Thanks

First off, why did you delete the question asking you what state you are from?

 

[halfceo]

Illinois. I Actually Typed It In, But Then Went To Re-edit My Post To Make It Shorter And To The Point And Must Have Delete It...

 

[Happy Trails]

Can I get my expenses refunded (day off work, 50 mile drive to court, etc...) by counter suing or is the hassle not worth the time?

You cannot sue for travel expenses to and from the courthouse, income lost in pursuing the claim, or telephone calls to the clerk or the opposing party.


1. Do I have to present a counter claim in advance?***No
2. How do I present a counter claim??? procedure wise..***I don't know what you would be suing the plaintiff for.
3. Is there a cost involved in couterclaiming?***See above.

Do not ignore this. If you don't show up in court then the plaintiff will win his claim. You need to go there and defend yourself.

Information links:

http://www.19thcircuitcourt.state.i...-help/s_claims/
http://www.consumeraffairs.com/cons...m/small_il.html

 

[halfceo]

I am 100% going to be there. Thanks for all the advice.

Is there any way to make people who sue you in frivolous lawsuits pay for wasting your time in this manner, for the headache of the whole ordeal?. Or are you pretty much stuck just showing up, dealing with it and letting it go? This sapiana came to my work, it was embarassing to say the least; over something so idiotic and illogical. There is absolutely nothing that can be done to recoup my loses from these kinds of situations?