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Was just wondering how important is the fact is that the plaintiff used an
address I know for a fact is invalid on a small claims lawsuit. I'm not able to
contact the man to try and work out a compromise or any resolution before
court. Is this an issue at all?
Also, are things such as harrassment considered in court? Would it make any
sense to bring up a list of wrongful actions the plaintiff is guilty of, if
such things can't be proved, just to show a pattern of behavior? Can someones
credit report be used against them?
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Sheellah wrote:
Was just wondering how important is the fact is that the plaintiff used
an address I know for a fact is invalid on a small claims lawsuit. I'm
not able to contact the man to try and work out a compromise or any
resolution before court. Is this an issue at all?
Also, are things such as harrassment considered in court? Would it make
any sense to bring up a list of wrongful actions the plaintiff is guilty
of, if such things can't be proved, just to show a pattern of behavior?
Can someones credit report be used against them?
For an invalid address, that will probably depend on the particulars of the
issue and state law.
If it is his address, then the court may not issue a judgement in his favor
on the basis he falsified the records deliberately.
By all means, present what ever the plaintiff has done to you verbally or
otherwise.
If you have witnesses, have them in court with you.
Unless the issue revolves around credit, I don't see where citing a credit
report is useful.
As always, legal advice can only be obtained by hiring an attorney.
A discussion group may not be construed as legal advice.
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I thought it would show that he had defaulted on several debts, and since I
might be filing a counter claim for monies owed me, I thought it would help.
No?
The man used an address where he is no longer a resident, and knew that at the
time the summons was filed. This was filed in NY.
<< Unless the issue revolves around credit, I don't see where citing a credit
report is useful.
Was just wondering how important is the fact is that the plaintiff used
an address I know for a fact is invalid on a small claims lawsuit. I'm
not able to contact the man to try and work out a compromise or any
resolution before court. Is this an issue at all?
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Was just wondering how important is the fact is that the plaintiff used an
address I know for a fact is invalid on a small claims lawsuit.
Very important, if you file any kind of motion with the court, and
the plaintiff misses the hearing because notice of the hearing was
undeliverable, and the court grants your motion by default.
I'm not able to contact the man to try and work out a compromise
or any resolution before court. Is this an issue at all?
No.
Also, are things such as harrassment considered in court?
Generally, no, unless (1) the harassment is the basis of a
counter-claim that you have filed against the plaintiff, or
(2) you offer the harassment evidence after and to rebut
evidence of good character that the plaintiff presents.
Would it make any sense to bring up a list of wrongful actions
the plaintiff is guilty of, if such things can't be proved, just to
show a pattern of behavior?
Evidence of bad behavior is generally inadmissible unless
(1) closely connected to what the lawsuit itself is about, or
(2) offered to counter evidence of good behavior that the
other side has presented at trial.
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I might need to use the harrassment in my defense. I have the police # of the
harassment case. Is that enough, or do I have to obtain a copy of the actual
complaint?
Also the small claims self help books say that a written testimony is useful,
although not as strong as the actual witness. My lawyer said such documents
aren't admissible. Is he right? I was also surprised to be told that the
plaintiff couldn't have a lawyer in small claims.
<< Generally, no, unless (1) the harassment is the basis of a
counter-claim that you have filed against the plaintiff, or
(2) you offer the harassment evidence after and to rebut
evidence of good character that the plaintiff presents. >>
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On 15 Mar 2004 16:41:07 GMT,
Sheellah <sheellah@aol.com> wrote:
I might need to use the harrassment in my defense. I have the police # of the
harassment case. Is that enough, or do I have to obtain a copy of the actual
complaint?
Also the small claims self help books say that a written testimony is useful,
although not as strong as the actual witness. My lawyer said such documents
aren't admissible. Is he right? I was also surprised to be told that the
plaintiff couldn't have a lawyer in small claims.
<< Generally, no, unless (1) the harassment is the basis of a
counter-claim that you have filed against the plaintiff, or
(2) you offer the harassment evidence after and to rebut
evidence of good character that the plaintiff presents. >>
Always take all evidence about a case with you to all court
appearnces.
--
Best Regards, Keith
NW Oregon Radio http://kilowatt-radio.org/
Pax melior est quam iustissimum bellum.
Replace spam.44aeb118 with wvi dot com & del _
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