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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 86069
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Hi Paul, The hearing passed off differently than expected.

Customer Question

Hi Paul,
The hearing passed off differently than expected. My opponent stated that he has the resources to pay the money fixed in the judgement but that he purposely didn't do it because there is another open issue to be resolved before he will pay that amount. The judge told him that he is not willing to allow a mix-up of this kind and that he wants to stick to the issue at stake.
This other issue is the boat issue. I guess I have contacted you in that case, too.
The boat issue: I had obtained a boat from this guy in 2007. He had claimed that he had paid $ 3000 for it. This price was on a list he had presented to me in 2004. The boat was in a very bad shape. Actually, it was scrap. I fixed the boat. I took it as a challenge. Since the boat was in such a bad shape I didn't accept the statement that he had paid $ 3000 for it. Since I didn't pay this amount of money he towed the boat from the easement of my property. I never found out whether the easement is part of my property or not otherwise he would have been committing trespassing and I would have sued him for stealing it.
This whole issue started in 2004 and it escalated in 2008. I consulted a lawyer in Kanab and I got told that the statutes of limitations in a case like that are 4 years and that I am too late to file a case. Thus, I couldn't force him anymore to disclose the truth about the price of the boat. However, I could file a case about my labor and expenses. I had to go through two court experiences - one in the small claims court and one in the district court. I did win both trials but I didn't get what I had asked for. So far to the history. The judgment of the district court was kind of curious. The judge came up with a figure my lawyer and myself were astonished about because it was lower than the amount we had asked for and very odd. I asked my lawyer whether there would be a possibility to find out about the reasoning for this judgement but the lawyer told me that this wouldn't make sense. Thus, I never questioned that judgement. Today, in my trial this opponent came up with the statement that he had called my lawyer and my lawyer had given him the details of the judgment; details I had never received by my layer. This in itself is already a curious situation. I wrote an email to the lawyer asking for an explanation. However, my real question is: In case this is going to become another issue to be resolved in court what about the issue which caused all the problems with that boat - the price he claimed to have paid for this scrap. Can I force him to disclose the truth about that price? In case that can be achieved it would clearly document that he lied under oath and I would be able to sue him for that.
Will a judge lift the statues of limitations to allow resolving the price issue?

Wulf
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for the new question.

If this matter has been settled in the court already, he cannot bring it up again in the new case and neither can you, it is called "res judicata" or "already decided" which is why the court said they did not want to hear it.

You cannot at this point, since the case is over, force him to disclose the truth about the price. Furthermore, it is now irrelevant as you won your judgment, whatever the amount is. Since you never appealed that judgment, it is over and done. You can ask your attorney about it again and tell him this guy is claiming he got information from your attorney, which could also be a lie, but this is really not relevant to your case at hand and the boat case from you are saying is a dead issue and the judge will not waive the statute of limitations over that issue I am afraid.



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Customer: replied 9 months ago.

Hi Paul,


 


I guess I didn't express me clearly enough. The price issue was never brought up to court. Due to the recommendation of the lawyer consulted I didn't do anything in that matter. The trials concerning the boat dealt exclusively with the value of my repair work.


 


It is my assumption that in case he is going to pursue his request for getting parts of that boat which I still have (which I have paid out of my own pocket for) that there exists a chance to get him. By the way, there are almost 9 months gone by since the trial was held and now after this time he comes with this curious story as an excuse for not paying me.


 


In case the statutes of limitations are lifted I can definitely prove that he lied to me and to the courts. He did mention in those trials what he has paid for the boat although this was never brought up by me. It was his decision to tell that to the judges and as far as I remember it wasn't of any interest to the judges.

Expert:  Law Educator, Esq. replied 9 months ago.
I understand, but that case is over the way you described it, even if it was not raised by the attorney.

If he is going to pursue a case, then you can raise it in that trial. The statute of limitations is not going to get waived just for you to raise this issue. If he tries to sue you, then you can raise it at that time.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 86069
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 8 months ago.

Hi Paul,


 


the motion to show cause will be held this upcoming Thursday. I wanted to get the recordings of the hearing held June 17th, 2013 and the recording of the trial held in Aug. 26th, 1010. to find the statements made by the defendant. I got both recordings but the quality of the recordings is so bad that it is impossible - even for a native american - to understand what my lawyer and the defendant were saying. Thus, I can only cite the judge and the justice clerk of the hearing as witnesses in case the judge residing the motion to show cause hearing. He will be - by the way - the same judge who was residing the trial 3 years ago.


I have a simple question: As far as I remember my opponent had prepared statements which he wanted to read to the judge. The judge approved that. Thus, I imagine that I can do that, too. However, is it possible that I sent my statements to the judge ahead of the hearing?

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your update.

You cannot send your statements to the judge ahead of the hearing. You ask for permission to read them in court and then ask the judge for permission to enter them into the record. As far as the court recordings, this is why you should have ordered a transcript, even though it may have cost more, because then you would have been able to read what was said, but that is too late for you to do now.
Customer: replied 8 months ago.

what will be my role in that hearing?

Expert:  Law Educator, Esq. replied 8 months ago.
You have to testify to the court and explain why and how the other person has not paid the judgment and how this new claim by the person is not valid or proper.
Customer: replied 8 months ago.

Hi Paul,


 


thanks - I may have some additional questions concerning that hearing upcoming Thursday but I will ask that in a separate session


 


Wulf

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you I will be available when you are ready.
Customer: replied 7 months ago.

Hi Paul,


 


I wanted to ask you a NEW question. I picked you and pressed the button Ask me a new question. I pressed that button and I came to a next screen Ask this expert. I pressed that button and I came to a new screen and all of a sudden the expert is Tina. I called customer service but this service could not help me. How can I be sure that you are going to get my question?

Expert:  Law Educator, Esq. replied 7 months ago.
You can ask it here as long as you agree to click on excellent feedback so I get credit for working with you.

Also, you can ask a new question without selecting an expert and in the heading of the question just make sure you specify "For PaulMJD only..."
Customer: replied 7 months ago.

OK - I will try that

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you

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