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Roger, Attorney
Category: Legal
Satisfied Customers: 31688
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I repossessed a vehicle for the balance due. The individual

Customer Question

I repossessed a vehicle for the balance due. The individual paid me off and I gave him his title. Now he is suing me in small claims court for the amount he paid me, plus attorney's fees and other expenses. He produced receipts for payments he said he made to me and signed his name to the receipts. I filed a motion to dismiss but the judge would not accept it at the mediation hearing. My final hearing is next week.
Submitted: 10 months ago.
Category: Legal
Expert:  Roger replied 10 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Where did these receipts come from? Did the person make them up?

Customer: replied 10 months ago.
Expert:  Roger replied 10 months ago.

Ok. Thanks.

If you didn't sign the receipts, then it would likely appear as self-serving for this person to make these claims. Also, if the person had already paid you, then it would have made more sense to sue you to reverse the repossession by producing the receipts instead of paying the money again and then suing. It really makes no sense.

Expert:  Roger replied 10 months ago.

The judge denying your motion to dismiss doesn't mean anything in terms of whether you'll win or lose. It just means that the judge wants to hear testimony from both of you to see what is going on before he/she rules.

Expert:  Roger replied 10 months ago.

You could offer to produce your bank records to prove that you didn't receive these payments UNLESS the guy claims he paid cash for each payment.

In any event, if you didn't sign the receipt, the judge is likely to be suspicious of this person's honesty.

Customer: replied 10 months ago.
I would like to scan the complaint for you to see and talk with you then. Is that ok? I'm at work now but could do it this evening.
Expert:  Roger replied 10 months ago.

We're generally not allowed to review documents and take actions outside of this question and answer forum, but I'm glad to try and answer any questions you have.

Expert:  Roger replied 10 months ago.

Hi - I was checking in to see if you needed anything further. Is so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!