Legal Question in Civil Litigation in California
purchased lame horse part two
I returned the lame hirse in october, seller said I'd be paid by X-mas, I requested payment on 19th
of dec (reminder) seller said i will have to sue.
that he has indefinately to sell horse and then pay. I sent promissary note request for payment installments of $100. per month on jan 11th. seller now says the $500. I paid was a deposit and nonrefundable. I am stttrrresssed out,cant sleep, afraid he will lie in court. could I sue for my accual losses on horse of $550.(shoes)and
court costs and attorney fees if I took him to real court? I am affraid he will keep selling this lame horse and ripping poeople off. can I ask for court costs and lost wages if this goes to
small claims???
2 Answers from Attorneys
Re: purchased lame horse part two
You may be able to recover court costs from the small claims court (assuming you win, of course) but not attorney fees. Litigants in small claims courts aren't even allowed to have an attorney with them, let alone to force the other side to pay the bill.
You also won't be able to recover for lost wages for the time you spend in court, but you might have better luck if the lost wages were the result of the transaction itself. This would depend on the specific facts and would be for the judge to decide.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
Re: purchased lame horse part two
Yes you can sue him, and small claims court is the right place. I can't say who will win
on the facts provided, but your case sounds good. No attorney's fees in small claims court, or
otherwise unless provided for by the agreement (or a specific statute). Usually, no lost wages.
Maybe you can get more if you can prove that the seller has done this before and is involved in a
scam, purposefully not disclosing the horse's lameness.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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