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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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Experience:  Lawyer
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Small Claims Question. My mom has a furniture store. She

Customer Question

Small Claims Question. My mom has a furniture store. She sold an entire bedroom set to a customer (1 bed, 2 nightstands & dresser w/ mirror). The customer accepted delivery then called back complaining the dressers drawers were crooked. So we called the
furniture supplier and supplier confirmed they are not crooked after photos being sent back and forth. Any how to avoid an unhappy client, we took back the dresser and refunded the customer for the dresser cost. The customer now wants me to re order another
dresser and my mom is refusing to order because she said it will be the same thing again. She doesn't owe him money, he doesn't owe us however he sued my mom in small claims and i'm assuming his complain is going to be that he now wants to return everything.
Anyway, during this time, my mom was diagnosed with a brain tumor and she has had a brain surgery and undergoing chemotherapy and radiation so it's not the best time to take her to court. Is there anything I can do about this? If she doesn't show up, is she
going to automatically loose?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that all of this happened.

She can contact the court and ask to reschedule the court date based on her condition. Based on what you've said, it sounds like she has a very good chance of winning the case if she IS in court. A business may be represented in Small Claims Court by an employee, if the employee has access to the business records needed as evidence in the case. So if your mother has a manager or employee, that person could go to court for her. But it's usually best to have the person who did the transaction there, because most of the case is going to hinge on her testimony as to what happened, and the judge needs to be able to cross-examine her. It's possible that even if another employee appears, she could lose the case by not being there. Note that this will only work if it's the business being sued and not your mother personally. If she's being sued personally, she'll have to appear.

Here is more information:
http://www.dca.ca.gov/publications/small_claims/basic_info.shtml

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