Small Claims Question

[mailman]

If I am not mistaken I do believe there are a couple of 'legal eagles' here so I am posing a question hoping for a knowledgeable answer.

Friend leased a used car from a small dealership. After 6 months of ongoing issues with the vehicle and the dealer refusing to assist in repairs he took the car back and walked away. The dealer is now suing him for the balance of the lease payments. When the dealer served the papers he had them served on friend's wife at her place of work. Reading the rules/laws regarding Small Claims you have to serve the papers on the person you are suing or at least leave them with an adult at the defendant's residence. Given that the plaintiff did neither, and in fact didn't even attempt to serve the defendant can an argument for dismissal be made as the defendant was not served in accordance with the rules??????

The wife is not named in the suit by the way....

 

[gtamassage]

if guy not show up to court, judge can issue order for plaintiff. Guy can bring back to court saying not served and judge can open case again. problem is case will drag for long time and guy needs documentation to show plaintiff violate terms of lease.

 

[Celticman]

I have no legal experience, but perhaps he would have been better off to take the dealer to small claims court for his alleged damages. A few years ago I took Bell Canada to small claims court for endlessly messing me around. The amount was no big deal, but I had reached a point where I was not going to take it anymore and decided that retribution was in order. BTW, I won my claim.

 

[mailman]

One thing he has found is that the Motor Vehicle Dealer Act requires a couple of very specific phrases to be included in any lease agreement (the law actually states the exact wording). These phrases are not in the lease agreement so he is also thinking he could argue that since the phrases are not there and the law requires them the agreement in illegal and therefore unenforceable.

 

[Art Mann]

I have no legal experience, but perhaps he would have been better off to take the dealer to small claims court for his alleged damages. A few years ago I took Bell Canada to small claims court for endlessly messing me around. The amount was no big deal, but I had reached a point where I was not going to take it anymore and decided that retribution was in order. BTW, I won my claim.

That's called being proactive.

I suspect the outcome would have been quite different had you been forced to appear in small claims court for "messing" Mother Bell around.

That lesson may be too late for the OP, but we all can benefit from your experience.