Going to court on Wednesday, need help...

[HotRodGyrl]

What is the name of your state?North Carolina

I posted both places, sorry

I am curious. I am having to go to civil court on my business related situation. The magistrate dismissed the case previous due to the Plantiff being late. He appealed it but his wife signed his name on the appeal paperwork. Is this still valid? Is it valid for someone to sign for another person when there is no P.O.A. present?

Even according to our information, we are at fault and the plantiff said out of his own mouth that he was just looking money. Is there a way to countersue? He basically got in debt and can't get out and has picked my business to be the scape goat in attempting to get money. What can the counter suit be?

i have searched and searched for answers to the first portion with nothing found.

ANY information would be GREATLY and DEARLY appreciated. Thank you in advance.

 

[BL]

Even according to our information, we are at fault.

??

You should proof read and correct your errors .

 

[meaton3]

Help

First, you will need to prove that the Defendent did not sign the appeal paperwork. Usually this is done by comparing his signature against the document. Again, you will need to have some kind of proof, i.e. tape recording or witness that in fact the Plaintiff stated he is sueing just for money. Plus, what's wrong with sueing someone for money? Isn't that why we all sue people, to recover from an error made on behalf of the other party? Unless his aligations are false, then you can ccounter sue him. Not know what your being sued over, makes it difficult to give you an exact answer to your questions, but hopefully this has shed some light on your questions. Good luck!

 

[HotRodGyrl]

Well, This is the situation to help.

We built a racing engine for a man in 2001. He called back in 2003 stating that he had someone ELSE tear the motor down and found metal in the bottom of the engine. Well, racing engines carry NO kind of warranty and especially if someone else tore it down and he did not bring it back to us. He came up with the spill of needing it right now as to why he didn't have time to take it to us.

What we figure is he has invested quite a bit of money into the engine and is "just seeking relief". Meaning he has picked us to sue over it even though all the information and paperwork we have researched shows us as NOT being at fault.

Even though he states that there was something wrong with the motor, it did not blow up PLUS he used parts over in another motor. Everyone we contacted needed ALL of the parts out of the engine to investigate, but they were in another motor so that could not be done.

This may help in knowing a little more about the situation.

He appealed it and we are going to court.

As far as the Appeal his wife signed for him as in "his name c/o wife's name" Like she signed his name and then her name beside it showing she did, in fact, signed for it.

I hope this helps. I can provide more if need be

 

[HotRodGyrl]

??

You should proof read and correct your errors .

My apologizes, I will next time, thank you for letting me know.

My brain sometimes works faster then my fingers...lol

 

[BL]

I agree . If you can get the Judge to compare signatures , the Judge might dismiss it right up front .

Then . I believe the plaintiff will lose anyways .
With racing engines anything can happen , and having metal shavings in the engine could be due to their their own carelessnesses , or negligences .

The plaintiff HAS to have proof that this mechanical problem was your fault , and being over a year since the work was done by you , I believe the Plaintiff's case is very weak , if non existent .

Any one can sue any one , but they have to have something to back it up to win .

 

[HotRodGyrl]

What's so crazy is that he REUSED some of the parts in another motor. The only way that he found it is that someone else tore the motor down to replace the crankshaft. He did not have the money at the time to put the 'right' on in there. We also reused parts against our better judgement but he couldn't afford the right ones at that time.

My lawyer actually subpina'd (spelled wrong im sure) the parts so he has to disassemble the motor he put the other parts in.

We wanted to do an oil analysis at the time, but the oil was no where to be found.

I go to court tomorrow morning. I don't even know if he has a lawyer. We shall see.

 

[BL]

Please let us know the outcome ...