06-05-2008, 08:24 PM
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Join Date: Apr 2007
Location: West Hollywood, CA
Posts: 1,653
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 Quote:
Originally Posted by ossodiseppia
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Do your research. If you find that the clerk is wrong, you can probably take them to small claims court.
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Theoretically, you could try to fight an agency ruling in court, but you sure aren't going to do that in Small Claims Court. And, more importantly, you'll lose 100% of the time. Agencies are entitled to deference from the courts in the way they interpret their own rules and regulations; even if a court disagrees with an interpretation, the court can't substitute their own interpretation for that of the agency, unless no rational person could have made the agency's interpretation. This is well established under US Supreme Court precedent.
Peterlund, I really feel for you, but the only way to fight this is political--not legal. Contact your State Representative. Even better, contact a local TV station; maybe you can interest some consumer reporter in the story (you've got the car for some visuals). With some luck, you might embarrass the State into giving you the money back.
Good luck, but don't waste your time going to court.
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Ed
1970 Lancia Fulvia 1,6 HF
Last edited by 1,6 HF; 06-05-2008 at 08:30 PM.
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