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Propane tank dispute

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appylon

Junior Member
What is the name of your state (only U.S. law)? NEW MEXICO

In a small claims action can a judge legally rule on a money
amount that wasn’t a part of the original complaint from the plaintive
Or was not part of a counter suit or offset?
 


justalayman

Senior Member
can you explain the situation? I can think of situations where the answer would be yes and I can think of situations where it would be no.
 

appylon

Junior Member
can you explain the situation? I can think of situations where the answer would be yes and I can think of situations where it would be no.
This is a letter sent CMRRR over an ownership dispute about the propane tank.


To whom it may concern:
Per our phone conversation on 1/9/12 Los (REDACTED). has ten (10) days from receipt of this letter to remove the propane tank from (REDACTED) County New Mexico.
Should the propane tank not be removed within ten days there will be a $10.00 per day storage fee to be paid in cash prior to removal.
Also proof of ownership must be presented prior to tank removal.

Question is can the judge say or do anything about $10.00 per day storage charge at the time of trial as it will be $510.00 at the trial date. The storage charges did not start till after this was filed in small claims court.
 

justalayman

Senior Member
JAL...Read the profile page of OP. It's a "killer'.;)

Um, I see that. :confused:



To whom it may concern:
Per our phone conversation on 1/9/12 Los (REDACTED). has ten (10) days from receipt of this letter to remove the propane tank from (REDACTED) County New Mexico.
Should the propane tank not be removed within ten days there will be a $10.00 per day storage fee to be paid in cash prior to removal.
Also proof of ownership must be presented prior to tank removal.

Question is can the judge say or do anything about $10.00 per day storage charge at the time of trial as it will be $510.00 at the trial date. The storage charges did not start till after this was filed in small claims court.
You would have to amend the suit. It can be done at the time of the hearing if the respondent and the court allow it. If not you would have to file a separate suit.

I suspect the court would disallow the payments anyway. On top of anything else, it would seem you want to play both sides of the fence. You acknowledge their ownership of the tank by attempting to place this fee and demanding they remove their tank yet you demand proof of ownership of the tank.

who filed the current suit and what is it for?
 

appylon

Junior Member
Um, I see that. :confused:



You would have to amend the suit. It can be done at the time of the hearing if the respondent and the court allow it. If not you would have to file a separate suit.

I suspect the court would disallow the payments anyway. On top of anything else, it would seem you want to play both sides of the fence. You acknowledge their ownership of the tank by attempting to place this fee and demanding they remove their tank yet you demand proof of ownership of the tank.

who filed the current suit and what is it for?

I’m the respondent. I don’t see an acknowledge here as the letter states if they own the tank than
they must show proof when/before they remove it. If they can prove they own it they had 10 days to get if off the property. We need to remove/replace
the tank as it gets very cold no heat ,no hot water
and no cooking.
 

sandyclaus

Senior Member
This is a letter sent CMRRR over an ownership dispute about the propane tank.


To whom it may concern:
Per our phone conversation on 1/9/12 Los (REDACTED). has ten (10) days from receipt of this letter to remove the propane tank from (REDACTED) County New Mexico.
Should the propane tank not be removed within ten days there will be a $10.00 per day storage fee to be paid in cash prior to removal.
Also proof of ownership must be presented prior to tank removal.

Question is can the judge say or do anything about $10.00 per day storage charge at the time of trial as it will be $510.00 at the trial date. The storage charges did not start till after this was filed in small claims court.
You say the charges did not start until after the case was filed, but when did you receive the letter stating that a storage fee would start accruing?

Who removed the tank, and was proof of ownership ever presented (and to whom)?
 

appylon

Junior Member
You say the charges did not start until after the case was filed, but when did you receive the letter stating that a storage fee would start accruing?

Who removed the tank, and was proof of ownership ever presented (and to whom)?

I sent the letter, storage fee started accruing after they filed the case and
proof of ownership has never been presented. Tank is still on my property.
 

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