property lein

[choochoo]

During my transition of moving on such short notice, my friend(Now ex-friend) ''offered'' me to store my ''Wooden storage shed'' and ''1993 Toyota truck'' on her property until I was able to move them to my new residence. Approx. 25-days upon settling in at my new residence, I contacted my friend and let her know I was going to move the shed & truck. She then told me she had put a ''Lien'' on my shed & truck. I contacted the local authorities and asked for a ''keeper of the Peace'' to assist me in aquiring my property. The authorities could not help me if she would not answer the door? Several days later, I was served to appear in court for ''small claims''.
I am lost and need ''HELP'' !!!!!
''Please'' someone contact Me A.S.A.P!!!!!! ** I would like to file a "counter claim" due to I made several attempts to retrieve my property and now I am put at extreme hardship over this matter. What would be the best cause of "Action" on a "counter claim" and "subenoing" a minor **

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Last edited by mtthwrichards : Today at 08:10 PM. Reason: more info.

 

[Michael Wechsler]

That is rather remarkable although I feel like I'm missing a very important part of the details of the story.

You can file a counterclaim in court and simply call the county clerk to ensure you've done it properly and it should be simple. Your defense is simple - there was never any discussion or agreement to pay her money. She offered you the space. But let me ask you this... how did she come up with the amount of money that she is demanding? Did you send her a demand letter stating that if she persists you will be filing a counterclaim and will be suing her for all the damages as a result of her frivolous lawsuit?

When you file the counterclaim, you should be sure to have evidence of your hardship in addition to making mention in court that this is a frivolous lawsuit and that there is no good faith dispute and is extortion. The "policy" argument is that if the plaintiff is allowed to get away with this then what is to stop people like your friend from extorting money from people threatening to waste their time and inconvenience them? They can and should be punished and paid for your time. There are only certain areas where the court can award damages so read the booklet and see what they are.

Best to do would be the time and money you spent making arrangements with regard to transportation. Even if you didn't rent a vehicle, you may have had to make alternate arrangements that caused you expense or inconvenience, e.g. cab fare, bus, etc. There is also the insurance and registration paid on the vehicle during the period it could not be used. Additionally, the value of having a vehicle to which you were deprived due to a frivolous claim.

You may also want to subpoena the "keeper of the Peace" or at least try to obtain an affidavit that the plaintiff refused to open the door or even discuss the matter.