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Jonathan Leventhal
Jonathan Leventhal, Attorney
Category: Legal
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Experience:  Member State Bar of California
20036059
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im being taken to small claims court. the plaintiff is claim

Resolved Question:

i'm being taken to small claims court. the plaintiff is claim that we owe him $945.56 for windows that we purchased from him. we do owe him that money but not for the windows. i have the store reciept and my credit card reciept saying that we paid for them in full. since he is lying what are the chances of him having to eat the $945.56
Submitted: 7 years ago.
Category: Legal
Expert:  Jonathan Leventhal replied 7 years ago.

Most likely upon proving that you have paid for the windows the judge/magistrate will dismiss the case.

 

However, he is not prevented from refilling the case for what he did provide.

 

Be sure to bring all your papers with you. If possible bring the originals. Create a time line of all the events. This will be helpful to organize your thoughts when it is your chance to talk.

 

A few hints when you are in court.

1) dress in business casual.

2) be respectful to the court and to the plaintiff.

3) never interrupt the judge or the plaintiff even if he is flat-out lying. You will have your chance to make a statement and rebut what he is saying.

4. Come to court prepared, papers, witness, have an idea of what you are going to say.

5. Try and predict what the plaintiff might say and how you will respond to it.

6. Stay calm and if you find yourself getting nervous just pause and take a breath.

 

Good luck in court in the morning.

 

 

I hope I have answered your question to your satisfaction.

 

Jonathan Leventhal, Esq.

 

This is information only, NOT legal advice. No Attorney-client relationship has been created. Please consult an Attorney in your state for legal advice regarding this matter.

 

NOTE: Sometimes we receive your question before we receive your additional "optional information". If my answer does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

 

 

Customer: replied 7 years ago.
can he get into trouble for lying
Expert:  Jonathan Leventhal replied 7 years ago.

YES--- NEVER, NEVER LIE IN COURT!!!!

 

He is suing you for the windows. You told me that you paid for the windows and have the receipt. That is all that you are testifying to.

 

You are not required to volunteer information that is harmful to you.

 

 

Since he is suing to recover the cost of the windows and you can honestly prove with receipts that you paid for the windows, then the judge would have no reasonable alternative but to dismiss the case. However, keep in mind that judge's do not always act reasonably. But the odds are strongly in your favor.

 

I hop this clarified things for you.

 

 

I hope I have answered your question to your satisfaction.

 

Jonathan Leventhal, Esq.

 

This is information only, NOT legal advice. No Attorney-client relationship has been created. Please consult an Attorney in your state for legal advice regarding this matter.

 

NOTE: Sometimes we receive your question before we receive your additional "optional information". If my answer does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

 

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