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What is defamation of character worth?

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What is the name of your state? TX

While utilizing my rights under Texas Property Code § 70.001(a) (mechanics' lien) I was arrested this morning for Theft of a motor vehicle. I was not booked or charged, but was given a written order by the judge I saw to return the car. I will of course report this to the proper authorities as it is a violation of my rights.

However, In order to get my money quickly I'd like to file with the small claims court for the balance due in the contract, But specifically I'm wondering what defamation of character is worth in this event. The owner of the vehicle reported the vehicle stolen and through the enept dealings of my local police they persued it, even after they were informed I was utilizing my rights.

I am a small-time mechanic relying on word of mouth for advertising. Being arrested at 10:16 this morning on fraudulent charges in front of many of my neighbors is not good for my business.

The charges accrued up until this point for the car are $453.37

In this area I expect to lose 6 - 7 jobs a month for at least a year due to this. What would a reasonable claim for defamation of character be?
 


seniorjudge

Senior Member
You have no case.

You can't sue the cops for defamation; also, you can't sue someone for filing a police report, even if it is false.

And, on top of everything else, the "damages" you talk about are speculative (i.e., they have not even happened yet!)
 
Okay, Would it be better suited to bring in theft charges against the owner of the vehicle, They have stolen my services.
 
Wait, I don't want to sue the police for defamation, They have sovereignty.

I want to add defamation to my claim against the owner of the vehicle. It was her actions that caused me to be arrested and her liability in my opinion.

Texas Penal Code § 31.04 Shows that Theft of service of this magnitude is a Class A Misdemeanor
 
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Silverplum

Senior Member
Why not discuss this with a local attorney? You are tossing legal terms around like salad makings -- and not necessarily with correct usage...
 

seniorjudge

Senior Member
Wait, I don't want to sue the police for defamation, They have sovereignty.

I want to add defamation to my claim against the owner of the vehicle. It was her actions that caused me to be arrested and her liability in my opinion.
Your clarification has left me more puzzled than before.
 
If I'm saying wrong please correct me. I enjoy learning.

I'm here because it's 5pm and the lawyers in this town seem to be at home enjoying their brandy.
 

seniorjudge

Senior Member
If I'm saying wrong please correct me. I enjoy learning.

I'm here because it's 5pm and the lawyers in this town seem to be at home enjoying their brandy.
Try giving us some facts if you think you have a case against someone.

So far, you do not have a case against anyone, based solely on the facts you have given in this thread.
 
I guess I did forget to fully explain the situation above. I've explained it at least 20 times today and I'm getting more concise each time.

Thirteen days ago I was contacted to perform a diagnostic service on a car that did not run. I performed that service and advised the owner of their options from that point. The owner elected to have the head gasket replaced at a cost of $200 plus labor @ $15/hr, which is very competitive. They agreed to perform the repairs under the conditions of $200after 12 days and payments to begin on the following Friday and continuing weekly at $50/wk. I was handed keys and towed the car to my home. The $200 was due yesterday. The owner called the PD and reported the vehicle stolen. The PD came to my house with the Owner. I informed the PD I was within my rights under Texas Property Code §70.001(a). They are inept and arrested me for Theft of a Motor Vehicle. I was taken to a judge and told that Texas Property Code §70.001(a) did not apply to me, which is false. The PD had an officer transport me to my home and enfore the judges order for return of the vehicle to the owner. I was then released with advice to continue with small claims action.

Of course returning the vehicle nullifies my right to a mechanics' lien. Small claims court seems to be my only action.
 

seniorjudge

Senior Member
What happened between here:

I was handed keys and towed the car to my home


and here:


The owner called the PD and reported the vehicle stolen?
 
you worked on a car, customer does not want to pay

you claimed lein on the vehicle because customer didn't pay (this is where you should've notified the police deaprtment of this lein)

Customer, who wants something for free called car stolen, you were arrested, but not booked, or charged, however, this customer filed a false report against you.

Here is what I would do.

Call police, and have her arrested for filing a false report against you
File a claim against her in Small Claims Court for the MAX ammount - the first part of your claim will be for what they owe on the repairs of the car, the second to get ya up to the total of the max ammount is for "pain and suffering" along with "embarrassment" as you were arrested for something you did NOT do.

I'm not an attorney, but I am a mechanic, and that's just what I would do, you can do what you wish. I'm sure others will point out flaws in that argument.

--Dave.
 
Senor Judge, There was no communication for 11 days, Then yesterday I called to remind her that the $200 payment was due today. This was at 9pm as she works nights and does not appreciate calls at other times. She showed up to my house around 9:30am and I was arrested at 10:16.


Dave, I was researching how to file the lien when the door got it's knock. That claim is exactly what I first thought of. The small claims paperwork I have received to fill out doesn't list a maximum amount but I assume $2000 from a vague memory of looking it up once.
 
Does anyone have any comment on Daves' proposal? I don't think I need to go that high, But the general chain of event described in his post.
 

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