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SusanTis1 · Jun 8, 2013, 09:43 PM

HI I'm the plaintiff in a small claims lawsuit against a local customer furniture company. I was promised items and given photos from their website of exactly how the furniture would look and operate (reclining sofa) I was also told and shown on the receipt where the leather had a 10 yr warranty against wear etc. Upon delivery, this was not the sofa we ordered and immediately called the company to return it... of which they refused. The arms on the chair has also worn and it has ony been 5 months of use. They refused to do anything about it. I did some research and found they have had 4 other complaints against them with the BBB (I know I should have gone there first). I do not have a lawyer representing me, and he has a lawyer... if fact the day of complaint he told me to contact his lawyer gave me his name and number. I have to wonder why someone would even have one on retainer... they're not a big company. My lawsuit alleges he is being sued due to "Product not constructed & delivered as ordered and promised, and faulty leather. Breach of Contact. In his answer, all his lawyer said was... he had as General Denial and demands me to show proof thereby of a predonderance of evidence. And states I should take nothing and be awarded the defendants court costs. There is also a request for me to disclose, the information or material described in the RULE 194-2 (a)-(1)
So with this said, I'm wondering what I have to do... as this is a small claims suit. I'm not an attorney, that's why we are in a small claims court vs a disctrict court where I would hire an attorney. To how much of an extent do I need to furnish the attorney my evidence. I have pictures, emails, a video tape and more... do I just need to state what I am going to present in court (in general) as I have done above, or do I need to give him a copy of everything specifically? I thought small claims court was to help people like me, who aren't lawyers to help be righted if the court feels I have been wronged. I don't have the money to hire a lawyer.. and I'm sure he knows this... and feels that I will go away because he does. But this isn't fair to the common person like myself who has been already taken advantage of. Can you please help with soe guidance? Thank you so much for your time, help and consideration.
Susan

AK lawyer · Jun 9, 2013, 03:12 AM

Check the small claims rules in your state or country to determine the extent to which discovery is allowed. I have no way of knowing, without knowing which state or country you are in, what ".RULE 194-2 (a)-(1)" is, and whether it apples.

Some small claims rules do allow for discovery. At least one state (California, I think) doesn't even allow attorney representation.

To be safe, you could photocopy all of the pertinent papers you have and send the copies to the attrney. That shouldn't be to difficult for you.

ScottGem · Jun 9, 2013, 05:40 AM

Many companies have attorneys on retainer fror protection, not because they are shady.

Much of what you posted is boiler plate legalese. Just furnish copies of your evidence. Also remember, as the plaintiff, the burden of proof is on you.

Fr_Chuck · Jun 9, 2013, 07:09 AM

I would have been surprised if he did not have an attorney, most companies will.

But you will need a copy of the sales order, that states very specificly what you were getting, you should have copies of the photos, that shows what you are getting.

Most warranty is done though a warranty center, so have you contacted manufactor of the seat about warranty issues