Legal Question in Credit and Debt Law in New York
Civil court hearing/Small claims court
in march 2002 i owed 3 car payments on used galant car.office called me monday and i told them friday i will give all payments.that was fine with them but wednesday 2 men came and repossed car.they didnt actually toll car away but 1 man drove my car while other drove the vehicle they came in.auto place wanted more than the 3 payments i owed and 400.00 for the repossesion 2 get car back.not including what i would have 2 pay 2 get tags back.i felt after buying 3 cars from this lot that we had a personal relationship as well as business.they now want 2 have me in court 4 breach of contract and make payment plan of 3000.00 in Bronx,ny civil court.i live in putnam county but work in bx.do i have an excuse not 2 show due 2 where i live and can an auto place do this after an established relationship and verbal understanding.
1 Answer from Attorneys
Re: Civil court hearing/Small claims court
In essence you ask 2 questions. 1. Does the Bronx Civil Court have jurisdiction? and 2. Does the plaintiff have a valid breach of contract action.
1. Jurisdiction. There is no jurisdiction if the plaintiff commenced the action in small claims court. Pursuant to statute jurisdiction in small claims court is the residence of the defendant. However, if the plaintiff commenced the action in civil court (not small claims), the court does have jurisdiction to hear the action since you work in the Bronx.
2. Breach of contract. I think that you admit that you had a contract with the plaintiff. However, the issue is whether the plaintiff waived its right to the agreed upon payment schedule. Normally, additional consideration is needed for a party to waive its rights under a written contract. Generally, consideration means that you have to give something of value (money), not just a promise to do what you were originally obligated to do under the contract.
So as an answer, from the limited amount of information received from your question, since the plaintiff performed under the terms of the contract and since no consideration was given by you for the defendant to waive its rights, I think that the plaintiff is entitled to damages from your breach of contract.
Mike.
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