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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4201
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have no money to hire an attorney! I left some valuable Persian

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I have no money to hire an attorney! I left some valuable Persian carpets 7 of them with my neighbors when I went to the hospital for amputations. When I came back this jerk says I don't have them all. i don't have a receipt from him! If I took him to the small claims court what are my chances of winning? Should I get the court scripts? Will that help to prove that he has used them, and not storing them?
I have pictures of the carpets and doc to show that we did go to mediation and more. He took out a restraining order on me when I picketed in front of his apartment ( My old building) in the court the smart judge got him to admit to ever having them,. he lied and said he stored them in the laundry room, and then the judge gave me a 25 ft stay away which was a blow to him. I hope I am clear about my explanation. If not then please ask me your questions so I would clarify them. Thanks.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

If the neighbor admitted to everything during the previous court hearing, then you should absolutely contact the court to get a copy of the "record". You want the record to be "certified" by the court reporter. This will be from the court reporter and you will have to pay a fee for them, which can be quite expensive.

Then you can use this as evidence in your small claims case. If he admitted to it on the record, then you have a good chance to win.

The next thing you need to think about it how to prove the value of the Persian carpets. You need to either have some sort of written document which establishes their value, or you need to get a person who sales rugs to come in to the court to give his opinion about how valuable the rugs are. This person can also give you a written report that you can take to court to use as evidence to establish the value of the carpets.

Please let me know if you need further information.
-ZDN
Customer: replied 2 years ago.
What would be my opening statement to the small claim's court? What would be my demonstration's as he robbed me when these valuables were left to him for safe keeping, besides the expert written report and the admission of him to the court? You see he game me back 4 inexpensive type and kept three most expensive. Do you see the glitch?This guy happens to be an attorney. Thanks.
Expert:  TexLaw replied 2 years ago.
Small claims courts are a bit different from regular court. So there won't really be an opening statement in the regular sense of the word. You just need to explain your case:

My name is _________. The Defendant is _________. He was my neighbor. On (date) I had to go to the hospital to undergo some difficult surgeries that resulted in amputations. Because I was going to be gone for a long period of time, I asked the Defendant to watch over my rugs, which I gave to him. When I returned, the Defendant refused to return my rugs to me. Instead, he has converted the property to his own in violation of my rights. I have hear pictures of the rugs that I left in the Defendant's care. I submit this to the court as an exhibit. I also have here a report from an experienced carpet dealer which states how much the rugs are worth. I submit this to the court as an exhibit. Finally, I have a transcript from a previous hearing involving a restraining order issued by another court in my favor against the defendant. In this transcript, on page ____, line _____, the Defendant admits on the record that he had possession of my carpets and has refused to given them back to me. I submit this transcript as an exhibit to the court. I am requesting that the court find that the defendant has converted my property and is liable to me for the value of the rugs, plus prejudgment interest from the date of the conversion.

That's all you need to say and then the court will handle the hearing from there by asking you questions, etc.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4201
Experience: Lead trial/International commercial attorney licensed 11 yrs
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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs