My question involves small claims court in the state of: Texas
Some 8 years ago, I entered into an open-ended barter agreement with an individual. I agreed to do taxidermy work in exchange for minor repairs on my classic car. By mutual agreement, there was no set time for completion on either of our parts, as we both had health problems and other concerns. I gave him partial payment in the form of another titled car for salvage purposes.
Understandably, the SOL has run out on the original agreement, but was renewed in Aug 2008. At that time, I let the defendent see that his work was completed, and he told me that the mechanical repairs were still not completed...that he 'would see to them.' I tried repeatedly to contact him after that- phoning (no answer), sending letters (half of them returned), sending another mechanic to retrieve the vehicle, etc. The vehicle had been stored behind a locked gate, inaccessable and hidden from view.
In Nov 2010, after some 26 months, I finally caught up with him at a store. I am assuming that the SOL had run out (unsure if the 2 or 4 year SOL applies here). At that time, he laughingly told me that he had disposed of the vehicle some 6-7 months prior to this meeting (approx. 20 months after out verbal renewal). I had to do some extensive searching before I found out that he had it towed, had pricey parts and the engine removed for his own use, and sold the rest for scrap (had it crushed!). At no time did he ever attempt to contact me or inform me of his intentions by certified letter (required by TxDOT), nor did he file any of the required DOT forms.
My question is, since I could not have reasonably discovered the injury prior to the SOL running out, doesn't the SOL restart (toll) at the time of actual injury-when he converted it for his own use? It was NOT a junk vehicle; it was registered, inspected and insured when he received it. I still hold the title.
He does not refute any of my accusations. His sole defense is that the SOL has expired. I believe he is wrong, as the injury to me should begin tolling at the time it occured.
Thanks for any info here.

