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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19471
Experience:  B.A.; M.B.A.; J.D.
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I am going to court over a stop payment. I didn't owe the

Customer Question

I am going to court over a stop payment. I didn't owe the plaintiff money and I was woke up at one o'clock in morning by the police because I recently taken back a car I sold for non payment and they fail to get insure or tags on the car and the police told me to give him back his money or I would go to jail. I wrote the check. Now he is taking me to court for stop payment. There was a written agreement we had and he had the option to bring the car back within ten days and I would return his deposit. And if he default in getting the car insured or tag or fail to pay me on the car that he would lose his down payment on the car. He default.
I am in small claim court and the judge ask for original papers and she post pone the court date to another date. Can I still file a counter claim?
The car had 174,000 miles and within the month he put 8000 miles on the car and valve went down on the car and I sold the car at 3500.00 and I sold the same car for 1500.00.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 2 years ago.

Yes, you can still file your counterclaim. However, the Court may refuse to accept it as not being timely filed if you have missed the deadline for filing the claim. Nonetheless, you can use the issue (your counterclaims) as a defense in the underlying case.

Customer: replied 1 year ago.
How to write the counter claim? Do I write counter claim lost of of him having the car for a month that it depreciate the car valve of the miles he had put on the car and the contract he had sign. . I am really confuse how to counterclaim against this matter.
Expert:  Phillips Esq. replied 1 year ago.

I cannot tell you how to write a counterclaim. That would be considered giving you legal advice, which I am prohibited from doing by terms of service. I will opt out however and give another Attorney the opportunity to further assist you.

Best wishes,