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Old 02-09-2017, 10:49   #31
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Re: A dinghy and a lawsuit

Since you have stated that you want to win my best advice is to hire an attorney to represent you. I have been to small claims court twice. I'm 1-1 in the win loss tally. But both times the winner had a lawyer. If the buyer brings an attorney you are at a disadvantage.

Just my 2 cents.
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Old 02-09-2017, 11:46   #32
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Re: A dinghy and a lawsuit

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Originally Posted by rwidman View Post
Your mistake was letting the air out to deliver it. It would have been better to just let him strap it to the roof of his truck.

That said, he has threatened to sue you. Maybe it's a threat, maybe he will follow through. If I was in your situation, I would ignore him until and unless you get a summons to appear in court. If that happened, I would gather up my evidence and show up to defend myself. Pretty much the worst that can happen is you have to give him his money back and he has to give you the boat back. And he has to return it in the condition it was when he bought it. That means without a leak.

Is he going to actually drag a dinghy into the court room along with a pump and soapy water to demonstrate this leak?
I know regarding delivery, a mistake. As far as I'm concerned the deal was consummated in my driveway not his. The delivery I was doing was merely after the deal and I was delivering his boat not mine.

And he is suing me to be clear. I was served a summons last week.

I believe he needs to declare if he has an attorney as do I on the form, I'll need to double check. I don't think he has one. For this much money my attorney is going to laugh at me. My last bill with him for doing IP work was $850/hr.

I want to win and I want to win fair. Man vs man. I've met the guy and I like my chances. I'm getting excited I love this stuff.
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Old 02-09-2017, 14:07   #33
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Re: A dinghy and a lawsuit

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Originally Posted by sailah View Post
I know regarding delivery, a mistake. As far as I'm concerned the deal was consummated in my driveway not his. The delivery I was doing was merely after the deal and I was delivering his boat not mine.

And he is suing me to be clear. I was served a summons last week.

I believe he needs to declare if he has an attorney as do I on the form, I'll need to double check. I don't think he has one. For this much money my attorney is going to laugh at me. My last bill with him for doing IP work was $850/hr.

I want to win and I want to win fair. Man vs man. I've met the guy and I like my chances. I'm getting excited I love this stuff.
You dont need Clarence Darrow for small claims court. Get a basically compentent putz to represent you at a much lower rate...besides thats the only class of attorney who will show his face in small claims court anyway.

And consider how bad you want to win in financial terms. How much will you spend to win a $700 matter? I once had a very specialized case, with very specialized attorney fees. My attorney put it to me this way: You have a strong case, I am confident we can win, but you wont likely recover any financial compensation, my fees will be about $250K...how bad do you want to win? I chose to walk.
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Old 02-09-2017, 14:30   #34
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Re: A dinghy and a lawsuit

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Originally Posted by belizesailor View Post
You dont need Clarence Darrow for small claims court. Get a basically compentent putz to represent you at a much lower rate...besides thats the only class of attorney who will show his face in small claims court anyway.

And consider how bad you want to win in financial terms. How much will you spend to win a $700 matter? I once had a very specialized case, with very specialized attorney fees. My attorney put it to me this way: You have a strong case, I am confident we can win, but you wont likely recover any financial compensation, my fees will be about $250K...how bad do you want to win? I chose to walk.

Maybe I didn't make myself clear. You seem to think I'm helpless and unable to to walk across the street without an attorney holding my hand. I will be representing myself, plain and simple. I also am my own machinist, diesel mechanic, welder, CPA, chef, captain, car mechanic, electrician, plumber, boss, doctor etc.

When something in my life goes wrong I don't think "who can I call to come help me", I first figure it out myself and then if I cannot, I will grudgingly call for backup. It's how I was raised. I'm probably in the minority I guess.

I'm not spending a nickel to win. I'm going to win on merit and preparation. Consider it an exercise of the brain. The winner gets satisfaction, that's your only prize.

This poem has been hanging in my bedroom since I was a small child, and now hangs in my office. Should describe my philosophy in life and business well.


"A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects."
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Old 02-09-2017, 14:48   #35
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Re: A dinghy and a lawsuit

Sailah,

You're a true Renaissance man and modest too...but you do not have an air tight argument and we haven't heard the other party. I think another sign you may want to hang up is "make sure you don't miss the subtleties". You really think that you know your opponent. He could be a small claims court vet and you are a novice. If he owns a small business chances are he uses the court for remedy often. Bon chance.
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Old 02-09-2017, 15:01   #36
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Re: A dinghy and a lawsuit

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Sailah,

You're a true Renaissance man and modest too...but you do not have an air tight argument and we haven't heard the other party. I think another sign you may want to hang up is "make sure you don't miss the subtleties". You really think that you know your opponent. He could be a small claims court vet and you are a novice. If he owns a small business chances are he uses the court for remedy often. Bon chance.
That's a fair criticism. I don't think this is his first rodeo, and I respect that. With the quickness he threatened the suit, and his follow through, I believe you are correct that he has been down this road, where I have not.

There have been lots of roads I have never been down, and I want to find more of them. I'm looking for an education, and I'll get one this way or the other. The worst thing that happens is I paid $750 to find out I saved $100k in law school tuition because I'm a terrible attorney. See, even when I'm losing I'm winning

Here's the only other thing hanging in my office
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Old 02-09-2017, 15:33   #37
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Re: A dinghy and a lawsuit

Too late in this case, but with every one of my boat/vehicle sales I wrote out a bill of sale that clearly stated "sold as is, not warrantied". A two line hand written note is all you need. Write out two copies, and each of you signs both at the time of sale.

An ounce of prevention.....
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Old 02-09-2017, 15:39   #38
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Re: A dinghy and a lawsuit

At this point I'm not sure an ounce of prevention would be a benefit. I think he may be somewhat enjoying this. In a slightly unique way.
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Old 02-09-2017, 16:10   #39
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Re: A dinghy and a lawsuit

As I posted above, my preventative is that the buyer has no idea as to my name or contact info.

In addition to me being clear sale is AS IS every step along the way.

But the former measure is more sure and really not hard to accomplish.

Also important for online dating and political rabble-rousing.
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Old 02-09-2017, 16:23   #40
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Re: A dinghy and a lawsuit

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Originally Posted by john61ct View Post
As I posted above, my preventative is that the buyer has no idea as to my name or contact info.

In addition to me being clear sale is AS IS every step along the way.

But the former measure is more sure and really not hard to accomplish.

Also important for online dating and political rabble-rousing.
How should the buyer have no idea as to name? The dinghy we bought was registered and titled and has seller's info.
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Old 02-09-2017, 16:25   #41
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Re: A dinghy and a lawsuit

Sailah: GO FOR IT! It sounds like you have nothing to lose except maybe pride. Do it! It IS small claims court, after all. Please report back when it's over.
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Old 02-09-2017, 17:23   #42
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Re: A dinghy and a lawsuit

Yes with property involving titles and registrations it's more difficult and expensive to preserve anonymity.

8-( Carry on

And have fun with the case OP. . .
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Old 02-09-2017, 18:18   #43
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Re: A dinghy and a lawsuit

Quote:
Originally Posted by sailah View Post
That's a fair criticism. I don't think this is his first rodeo, and I respect that. With the quickness he threatened the suit, and his follow through, I believe you are correct that he has been down this road, where I have not.

There have been lots of roads I have never been down, and I want to find more of them. I'm looking for an education, and I'll get one this way or the other. The worst thing that happens is I paid $750 to find out I saved $100k in law school tuition because I'm a terrible attorney. See, even when I'm losing I'm winning

Here's the only other thing hanging in my office
Hi is it possible to have the court case moved to a venue and time to more suit yourself, this alone will piss off the complainant.
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Old 03-09-2017, 06:30   #44
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Re: A dinghy and a lawsuit

Another sad Craig's List story..... As a result of the shysters on Craig's list, I don't sell anything private sale, especially on Craig's List, without the following:


BILL OF SALE


December XX, 20XX

I (insert your name here) of (insert your full address here) have sold to (insert buyers name here) one (insert item being sold here) (Insert VIN# HIN# or serial # here)for the sum of (insert sale price here) U.S. Dollars on (insert date here).



(If a vehicle insert the below paragraph)

I state that the odometer now reads (insert miles here) miles (no tenths) and to the best of my knowledge that it reflects the actual mileage of the vehicle described above.



The (Insert item here), as referenced above, is sold as is, where is with no warranty stated, given or implied. The sale of (insert item here) is final as of (insert date & time of sale).

SELLER: I have read and understand the above sales contract.

(Insert your printed name here then sign & date it below), _________________________________
BUYER: I have read and understand the above contract.

(Insert your printed name here then sign & date it below), ______________________________________





I also take multiple photos of the item being sold, on the day of sale, and try to capture the buyer or his or her vehicle in some of the images..
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Old 03-09-2017, 06:45   #45
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Re: A dinghy and a lawsuit

Quote:
Originally Posted by Maine Sail View Post
Another sad Craig's List story..... As a result of the shysters on Craig's list, I don't sell anything private sale, especially on Craig's List, without the following...

I also take multiple photos of the item being sold, on the day of sale, and try to capture the buyer or his or her vehicle in some of the images..
We do the same with one added factor. We effect the sale transaction at a public location where the event can be observed by others; and, we can have the executed Purchase and Sale Agreement witnessed by two unrelated witnesses. We've done this with three boats and a life-raft at this point with no "blow-back".
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