Answer your post of 10/30 SCOTT
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Posted by P
(220.127.116.11) on November 02, 2002 at 13:11:58:
Scott, In kooking at your response to my post on 11/30. You quite boldly tell me I don't have a clue as to what I'm talking about. And of course you went on to correct me. Stating that in your state one can have an attorney , and also has the right to an appeal of small clames judgments. You did this with the tinier and tone that it's a constitutional right that all have. NO, you did not say just that, but you sure as hell were implying it. The fact is, I said a plaintiff in a small claims action could go out the court room doors two minuets after his case was called in Oregon. Oregon recognizes the Defendants right to counsel. An attorney can not try a small claims action in Oregon. If the Defendant wishes to be repusented by council the court MUST dismiss the action. For the Plaintiff to proceed, action would have to be filed in a court were the Defendant could be repusented by counsel. This is not a CLUE, It's fact, and it the law in Oregon. In Calif, That not the case. If the Defendant wins, It's over; there is no appeal for the Plaintive that loses. But if the Defendant loses, the Defandent has a right to an appeal WITH OUT REASON. An only at the appeal can eather party be represented by an attorney. That also not a clue, It's the law. The point of my orignal post was, and you know it. Is that when telling some one to go to small claims court. It is irrespnsible in less you also inform them of the drawbacks. A post yesterday by a person that had won in small claims was asking the question, "Is it now over, I won?" If that person lives in Calif or a state with like law, it may not be over. People need to know going in. And not asking is it over on the eve of victory. All state are not like yours. Telling some one to go to small claims is OK if you are willing to put as much effort into expressing that they also know the rules of there court
and there cause of action.
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