Headed to court again...for restoring classic trucks!

[Wreckless_71]

Holy **** man... I really hope the WSP doesn't start poking around mine or my dad's shops, they wouldn't like what they find. I deal on CL all the time, buying and selling parts. Doesn't mean I'm running a damn pick-n-pull...

[CharlieBrown]

it all boils down to


they can't collect taxes on your used part cash sales

[CSGAS]

Buying and selling on CL, eBay and any interstate or internet venue is interstate or international commerce and explicit outside of Washington's (or any other state's) venue. Add the existing business and how your stock of parts supports that interstate business, for good measure.

Your lawyer(s) should have filed for a move to Federal court--frankly I'm sure the $25,000 figure was chosen because that's the limit for state courts and no other reason. You can still move even after a ruling has been issued by the (wrong) lower court. I see the fact that your charges were initially thrown out by the state before being reapplied as an Admin charge as evidence to support any case you may bring.

Once your case reaches Federal court you will have a presiding judge that is not influenced by who signs his paychecks--the implication behind the threat of the "State-paid" judge (who is really paid by you if he ever thought about it) and the reason the laws regarding venue for interstate commerce exist. The Federal judge can also order the state to pay your legal fees and any punitive damages you see fit to countersue for.

Most likely, once the venue is changed the State will try to "be nice" by issuing a waiver of credit, which is not the same as admitting they are wrong (as long as the charges stay on any bill mailed to you they are guilty of fraud, even if they thought what they did was legal); then move on to actually removing the charges from your bill. That's what your lawyers are probably hesitating to see, since they have less chance of getting paid for their time if that happens. Seeing a countersuit through in a Federal court or including their pay in a settlement would be their only motivation on your behalf.

[Wreckless_71]

Originally Posted by CSGAS

Buying and selling on CL, eBay and any interstate or internet venue is interstate or international commerce and explicit outside of Washington's (or any other state's) venue. Add the existing business and how your stock of parts supports that interstate business, for good measure.

Your lawyer(s) should have filed for a move to Federal court--frankly I'm sure the $25,000 figure was chosen because that's the limit for state courts and no other reason. You can still move even after a ruling has been issued by the (wrong) lower court. I see the fact that your charges were initially thrown out by the state before being reapplied as an Admin charge as evidence to support any case you may bring.

Once your case reaches Federal court you will have a presiding judge that is not influenced by who signs his paychecks--the implication behind the threat of the "State-paid" judge (who is really paid by you if he ever thought about it) and the reason the laws regarding venue for interstate commerce exist. The Federal judge can also order the state to pay your legal fees and any punitive damages you see fit to countersue for.

Most likely, once the venue is changed the State will try to "be nice" by issuing a waiver of credit, which is not the same as admitting they are wrong (as long as the charges stay on any bill mailed to you they are guilty of fraud, even if they thought what they did was legal); then move on to actually removing the charges from your bill. That's what your lawyers are probably hesitating to see, since they have less chance of getting paid for their time if that happens. Seeing a countersuit through in a Federal court or including their pay in a settlement would be their only motivation on your behalf.

Lawyer..? lol

[Rat Bastid]

get jesse bro.....he would jump all over this