Res Judicata

Nov 09, 2005 22:12

Man buys car. Man agrees to pay car in 12 monthly installments, becoming immediately liable for the entire balance should he ever miss a payment. Man misses two consecutive payments and is sued for those payments; he loses and a judgment for those payments is enforced. Man misses his next payment. Lienholder sues, but abandons the case when he raises the issue that when they sued previously he was liable for the full amount and they failed to claim it. Lienholder drops the suit, opting to repossess the car like a thief in the night. Man sues for theft. Lienholder objects, claiming he does not own the car. Court rules that the lienholder failed to make the claim for the full amount originally, and that his two monthly payments fulfill his contractual obligation. Man recovers for the theft.

Remember boys and girls, claim preclusion is bitch. Sue for everything you can.
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