Somebody wanted me to pay half of there impound fee of $1200($600 after it sat in the pound for over a week in a half, they are stating since they had improper plates and i had marijuana that the impound fee should be split. They tried to get me to pay this money for 6 months now. I finally pay them $6 (not towards the fee just to leave me alone and stop asking me about it) they gave the money back and demanded they wanted more and wouldnt take the $6 cause it was all i had. I then told them in writting that the impound fee is not my fault and im not paying it. They attacked back stating this was a verbal agreement when i obviously have not seeing how even though they ask and bug i never said yes, and there was no witnesses, or in writting. And is now suing me for total of $1200+ interest.
they say that the car was impounded for my posession of the marijuana, but when "I" called the police station there is nothing on my record stating that the car was impounded for any violation/citation i actually have no record of a vehicle being impounded for posession. And yes the car was in the impound for over a week, but they got paid 2 days later after it was pounded and could have easily got it out "they got $$$$".. they also made a statement saying they where the victims and im a bad influence but her son has many citations prolly triple of all my tickets in my life. And i never get any posession tickets unless im the passenger with there son. They also said in there statement that i have been to a mental institute for saying suicidal and homicidal thoughts and slander and fear for employees at my company..I NEVER BEEN TO ANY HOSPITAL/MENTAL INSTITUTE or no records of depression or nothing. We are all over 18 and all this is taking place inside work when all this incodent was not at work
What you have is a mess. I agree with you that it sounds like there was no verbal agreement, here. I do not see any basis at all for them to sue you for $1,200, when at the most, your "share" of this expense would have been $600.
What caused the impound fee to be so high in the first place? The plaintiff has a duty to mitigate his damages, and arguably, made no effort to do this. He cannot simply let his car sit in the impound lot for a year and say you owe him $2,400.
Having said this, once it goes to court, you never know what a judge is going to decide. It is possible that he might agree there was some obligation on your part. The other side of that is that you cannot pay what you cannot pay. They can sue you for a million dollars if they want. Even if they win, if they are unable to collect, they are out of luck.
Your summary does not state whether you are being sued in small claims court or district court. My guess is that it is small claims, in which case, there are no lawyers involved. You need to show up to court, or they will grant a default judgment against you. I would tell your side of the story and the judge will side with whichever party he believes. If you lose, I would try to arrange some kind of payment plan you can handle.
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Estate Planning Attorney
I agree with Atty. Frederick that there is no basis for a contract (no bargained-for exchange), however, there may be another claim that could be successful (the car wouldn't have been impounded but for the marijuana possession).
Good luck! Please let me know if you have any further questions.
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