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N

Nikki_Nismo

Guest
CA state laws apply.

Background: Gentlement returns to his car and finds another car (with it's bumper sitting directly on top of his car's bumper). Upset, he calls for the owner to come out of her house to view the situtation. She refuses to respond and therefore calls the police. Irate about being ignored the gentlement kicks a dent into her car door. When the police arrive, she refuses to provide Auto Insurance information let alone go through the insurance companies, but trades phone numbers with the gentlement. No police report was filed, but the two parties agreed that she would fax a copy of the estimate to the gentlement containing costs of repair, as long as she had the car repaired by Dent-Pro. In the meantime his car has been damaged in the front bumper. Over the course of 7 months, her parents have repeatedly called the gentlement's home, but he refuses to speak with them since the accident happened between himself and the young lady. A certified letter came in the mail to him, from the young lady, that he did not pick up. Recently the gentlement was served with a notice indicating he was being sued by the young lady for the total damages made to the vehicle she was using.

Questions: Although he no longer owns the vehicle that was damaged, can he counter sue her those damages?

Would a verbal agreement stand up in court?

If the gentlement does not appear in court, what are the consequences, as well as other alternatives the young lady may revert to in getting the money?

Is there something the gentlemen can do to strengthen his defense?

Can she sue him although she is not the true owner of the vehicle?

NEW QUESTION: If the he decides to pay for the damages before the court date (gives her a check for the amount she is suing for), does this claim become void and do they still have to go to court?


Thanks,
N. Nismo



[Edited by Nikki_Nismo on 12-04-2000 at 03:52 PM]
 


ALawyer

Senior Member
Questions: Although he no longer owns the vehicle that was damaged, can he counter sue her those damages?

YES, THE VALUE WAS DIMINISHED BY THE DAMAGES SHE DID.

Would a verbal agreement stand up in court?

IF THE JUDGE BELIEVES IT, OR THE OTHER SIDE DOES NOT SAY ITS A PACK OF LIES.

If the gentlemen

GENTLEMEN DO NOT KICK DENTS IN CARS

does not appear in court, what are the consequences, DEFAULT JUDGEMENT FOR FULL DAMAGES SHE PROVES PLUS COSTS OF SUIT

as well as other alternatives the young lady may revert to in getting the money?

GARNISHMENT, IMPOUNDMENT, ATTACHMENT, BUT USUSALLY NOT CASTRATION.
Is there something the gentlemen can do to strengthen his defense?
WHAT DEFENSE? HE DID IT, AND THERE IS NO EXCUSE. THE ISSUE IS DAMAGES. AND OFFSET FROM HIS COUNTERCLAIM.
Can she sue him although she is not the true owner of the vehicle?




[Edited by ALawyer on 11-28-2000 at 11:27 PM]
 

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