Countersuit for Libel

[cashton]

In August 2000, I hit a car in WI and agreed to pay damages since I had no insurance. The damage came to $2000 and I said that I could make payments, they wanted the cash. I was able to find a family member willing to take out a loan. I sent them a certified letter saying that I'd pay the costs, just take it to an auto repair or provide a receipt of repairs completed, I heard nothing from them.
Today, 6 months later, I received a summons to small claims court. They stated I was uncooperative and failed to make payment. I believe that they want the cash, do I have to pay the cash directly to them? Also, do I have any recourse since they made a declaration of perjury in their suit saying I was uncooperative and may no attempt to pay them? Their suit made no mention of the certified letter.

 

[JETX]

You have admitted that you were at fault in the accident. The other party has no obligation to accept any 'conditional' payments from you. If they can show the court their damages, and you admission of fault, they will win the damages, plus costs.

As for any recourse against what you believe are false claims, your own post is somewhat contradictory of the facts. First, you say that their claim was that you were, "uncooperative and failed to make payment.". Later you say that they claimed that you made(?) "no attempt to pay them?". These are two different things. If they claimed what you said first, it would be true... You DID fail to make payment.

Also, you have made a fairly common mistake in believing that 'libel' covers any false or erroneous statement. It doesn't. In order to be libelous, the other party had to KNOWINGLY make "a false published statement that injures an individual's reputation (as in business) or otherwise exposes him or her to public contempt". What you have cited does not meet this definition.. even if untrue.

As for payment, you can send them a letter (Certified RRR) and ask: (1) have they had the repairs made and if so, please send you a copy of the applicable receipts, and (2) if they haven't had the repairs made, send you a copy of two or three estimates. If they reply with your requested copies, pay it and get a 'non-suit' on their action. If they don't respond, you have a little more ammo for your defense at court.