Legal Question in Civil Litigation in Illinois

Small claims/contract law questions

I have been subpoena'd for a small claims court appearance and have the following questions

The property in question is a boat sold to the buyer for approx $18,000.00, sold on a written and signed contract/bill of sale with no further guarantees or warranties of any kind, so essentially as inspected on the date of purchase, He possessed the boat for about 1 month and now is claiming that due to improper maintenance during the period which i owned it, the motor has failed and that I am responsible for $5000, to repair the unit.

I am curious if you think I need to be concerned, or should the matter be open and shut due to the contract, Thanks, Pete


Asked on 8/11/03, 2:30 pm

3 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Small claims/contract law questions

Well, you should hire a lawyer to defend you. There really are few open and shut cases, and even when a case is open and shut, you cannot know that it was until after the trial, when it is too late to do anything about it.

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Answered on 8/11/03, 2:45 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Small claims/contract law questions

There sometimes can be issues of fraud/deception, etc. that may make a case like this sticky. It sounds like everything is OK but to say you will win is impossible even if all of the paperwork and circumstances were analysed - nobody can determine what the other side is going to come up with and that is the beauty of the law!

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Answered on 8/11/03, 3:14 pm
Nima Taradji Taradji Law Offices

Re: Small claims/contract law questions

In my years of practice I have come to the conclusion that there are no "open & Shut" cases. If you are proceeding under the assumption that it is so, you are setting yourself up for a major disaster.

You have not told us based on what law or doctrine you are being sued. Obviously, the complaint must have made use of certain law or doctrine or something that gives rise to a cause of action based on the facts as alleged in the Complaint. All allegations in the complaint must be answered within 28 days or service of process or they are deemed admitted in their entirety. Have you filed your answer to the Complaint? Do you know the possible defenses to a contract? If the answer to any of the above two basic question is "No" you better hire yourself a lawyer before you end up having to refund the $18,000 plus cost of suit and possibly interest...

I hope this helps,

Nima Taradji

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Answered on 8/11/03, 4:11 pm


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