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Consumer case in Small Claims Court=FOOL
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Posted by p
(198.81.26.170) on October 30, 2002 at 00:35:28:
There have been a number of recent post that suggest some take their consumer case to Small Claims Court. And a number of people posting they are thinking about fieling a small claims action. A small claims court in Calif, and one in Oregon do not have the same laws of procedure. If you take any case into an Oregon Small Claims Court, you just might find yourself headed out the court room door two minuets after your case is called. A defendent in Oregon has a right to an attorney. The first thing the Judge will ask the defendant is, "does the defendant wish to be represented by an attorney?" Sense an attorney cannot try small claim cases in Oregon, if the defendant says they want an attorney. The case is dismissed. The plaintive is then told the small claims court cannot hear the case. Now you have to go to another court. Every State has it own laws and ruls. What if in your state a defendant could have an attorney. And your defendant show up at small claims with an attorney haveing filed a counter at you. And then the defendant won. Can you say one step forward, and two steps back.
I don't think there any state were a small claims judgment can be appeal. If you have a case, there an attorney that will take it.
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