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Someone is suing me in small claims court. can i counter sue for legal expenses? law answers (492629)

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Q: 

Is my claim against Networking manufacturer meritorious?

A:  On Tue, 29 Jun 2004 17:34:05 -0400, oscar...jbex-removethis.com wrote: I tried to get my money back from Linksys, but they said I would haveto talk to the retailer, and the retailer has not answered at all,despite my threatening small claims court action. The wireless router is regulated by the Federal Government under part 15 , the FCC to be exact, and they claim jurisdiction over such device. Those wireless routers are subject to interference and any interference you receive while using the device is to be EXPECTED and ACCEPTED, if you cause interference to licensed radio services you must disconnect the device. Now I bet your problem is that it is a 2.4 GHz device and other 2.4 GHz devices in the area are interfering with it. Do you...

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for a civil case between landlord and tenant are lawyers allowed/encouraged to present the case in court.?

A:  yes and yes they can be in the court room but you must do the presentation yourself. If you are suing someone in small claims court you cannot have an attorney, unless you are a corporation. If you are being sued, you can have an attorney, because you did not choose the venue. I''m a paralegal and I don''t know specifically about California, but in general an attorney is not needed in civil court, but if you feel like you need one to present your case properly for you then you can get one, they are allowed. I have never heard of anywhere that you can not have an attorney represent you in a legal matter. Good Luck! Depends on the state...

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suing a company, who is the defendant?

A:  John Smith wrote: [wants to sue a moving company] I''m thinking of taking the company to a small claim court. Who should be the defendant? The company or a person in the company? If it''s a person in the company, who? . The Carmack Amendment (federal statute) pre-empts local and state law when it comes to suits against moving companies. What you can do is file a suit against the company. It may move to remove the suit to federal court where you''ll find it very rough going pro se. To answer you specifically - you file against the company. If it''s not local, then you need to serve its registered agent.-paul In article <1fjho1pf1ucl3cgauhvb7p06mnvgdpbgdq...4ax.com>, John Smith...

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question on auto ins/claims re: parking lot accident in PA

A:  Sorry, but you really blew it by not calling the police to the scene. The police would have recorded the position of the vehicles and would have gotten insurance information for you. Now, you don't have much of anything. Unless you want to file the damage claim with your own insurance company, all you have left is to sue the driver of the vehicle. Written statements won't do you any good. You'll need to have your witnesses testify in court otherwise their statements will just be inadmissable and you'll have only your word against his. And in a parking lot accident, that's usually a wash.   You have other options  if you contact the motor veichle department they can force him to prove he was insured at the time of the accident and...

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If You Don''t get Served Court Papers, Is there a trial?

A:  if they are trying to sue you in small claims court they are burdened with providing a proper address for the case so that you may be served... in higher level courts i am not certain, but i believe that they are not required to provide your exact proper address, merely to locate you... say at work or through an attorney... but i would tend to think that unless they have strong proof of your misdeeds you would want to be in court to defend yourself... and failing to be in court to present a defense would be detrimental to your case... Oh yes.the trial must go on.and if you did give the wrong information that is obstruction of justice.and believe me! BIG BROTHER knows where you are at, at all times! Yes,...

Q: 

Pro Se appeal SCC suit to Circuit court?

A:  Was that your strategy? Yes until I consulted with a lawyer, as I do have a laywer who has practiced in this court for over 15 years who allows appointments in even 20 minute slots. So for about $60 I can run things by him, which I have done abut 4 times. The problem had been, he gave me good legal advise but the SCC judge is such an ...#$%...#$% that he shoots everything down. I have a good case with excellent witnesses who will help me present more than a preponderance of evidence that the following happened: 1. I administered IV drug therapy to my wife for over one year with doctor''s orders for only one nursing visit per 5 day session which occurred once a month, every month. 2. The defendant wrote a false letter "clearly...

Q: 

I am taking the people that put up my kitchen cabinets in my home?

A:  If you bought the house with the cabinets in them, then you would sue the owner of the house or the realtor. If your nephew was injured, that''s a personal injury case, and would not be allowed in small claims court. Look in the yellow pages for a personal injury attorney, or call your local bar association for a referral, and get an attorney who works on contingency and will give you at least a free initial consultation. I think you''ll find out that you''re entitled to a lot more than small claims damages. Why small claims court? If your nephew was injured, he has a major case, worth...

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suing both current & former tenant

A:  First, it is perfectly legal to sue both parties to an agreement. That does NOT mean they will collect double. As soon as the full amount of the judgement is paid, then it ends. Now there are a number of things you left out here. You state there was a lease, did your nephew move out prior to the lease''s expiration? Does he have any proof of when he moved? Does he have any proof that the landlord agreed to cross him off? Unless he can prove that the landlord released him from his obligations on the lease, then he owes from the date he moved to the expiration date of the lease. The jury will have to agree to that as a matter of the law. What I suspect happened was that the landlord when after the gf, found he...

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Landlord to be sued for Sec. deposit

A:  Landlords take: Generally it is not all that hard to defend against an action in small claims court. But it does require some attention to the rules and facts and knowing a bit of what to say and what not to say. You need to pay attention to your state law as to security deposit returns--did you comply--quite important. My view is that tenant's duty to pay rent is NOT ovefr until such time as he has vacated unit--its his choice to use it to store his stuff on possibility that he might come back--UNLESS of course there was a formal surrender (in writing even better) So I'd be keen to chanrge him rent thru date of actual removal of his stuff. Generally you cannot charge a tenant for...

Q: 

counter or New Claim?

A:  The reality is that the factors that might give your question greater importance in a higher court generally don''t exist in small claims court. I am not aware of a state that has a provision for compulsory counter-claims or cross-claims in small claims court. In any event, there does not appear to be in your state. So questions like whether the counter-claim arose out of the same transaction(s) or occurrence(s) or interest in property etc. are not important. The reality is that it''s highly unlikely that anyone will care. If that''s so,...