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On July 5, 2016 I brought my tire into Cannon Tires to have

On July 5, 2016 I brought my tire into Cannon Tires to have a flat repaired. During the process of removing the flat tire from the chrome wheel my wheel was damaged in multiple areas. My initial complaint was left on the Cannon Tire voicemail Tuesday July 5, 2016 at 6:19 pm when the damage was noticed. I took the car there Wednesday, July 6, 2016 for Shawn Cannon, owner and Ralph, who responded to my voicemail from the day before, to inspect the damage. Mr. Cannon explained that they had reviewed the security footage, but it was not detailed enough nor was it trained on a specific area of the shop, but is a camera that shoots footage of the entire shop to determine if the damage occurred from the person who repaired the flat tire. He said he would take a picture of my wheel and see if he could locate a replacement. On Friday, July 8, 2016 I called and spoke to Mr. Cannon who said he was having difficulty locating a wheel, I advised him that there were 5 available from the Ford Dealership across the street. He immediately sputtered "I'm not paying $750!", which was considerably less than the estimate I received from the dealership July 6, 2016 to replace it. He said that he was still searching for a replacement. I informed him that he was not going to put a used or after-market wheel on my car. I told him I'd speak with him on Monday. No call came from Mr. Cannon on Monday July 11, 2016. On Wednesday, July 13, 2016 I called and spoke to Ralph and learned that Mr. Cannon had left on vacation on Monday, July 11. Ralph said he would attempt to contact Mr. Cannon to find out the status and give me a return call. Ralph did call me back July 14, 2016, and told me that Mr. Cannon had requested from the security company higher quality footage from the security camera.I filed a complaint with the Better Business Bureau of New Mexico on July 14, 2016. After a few back and forth messages with the BBB as facilitator we were not able to come to an agreement and the complaint was closed on August 1, 2016 acknowledging that I am not satisfied with the businesses' response and that my dissatisfaction was noted in their files.Mr. Cannon states that the damage to my wheel could only have come from me “clipping a curb” and that after ordering the “security footage and closely reviewed the process and manner in which the customer's flat was repaired...the damage to her wheel did not occur while the tire was repaired at our business.” However, I know for a fact that I did not and have not clipped a curb, that the damage was not present prior to taking my tire for repair at Cannon Tires.I have taken my vehicle to two reputable tire sales and repair service providers in Ruidoso and each have told me that the damage could not have come from clipping a curb. Each has agreed to provide me with a sworn statement attesting their findings. Please see accompanying photos of my wheel taken July 6, 2016, showing the chunks of wheel missing in the first photo and in the second photo that the tire was placed back on the wheel in the same location as it was when it was removed by Cannon Tires as you can see by the white mark indicating the location of the tire stem; this is of importance because Ronnie Walker at Ruidoso Ford Lincoln dealership advised that if I had in fact clipped a curb enough to damage my wheel as much as it is damaged that there would be visible damage to my tire. The damage to my wheel is on the opposite side of the tire stem and to conclude there is no visible damage to my tire anywhere.To add Mr. Cannon has not and will not share the “security footage” with me.The above is documentation I attempted to file with the court, but the clerk would not take. I have photos of my wheel damage as well taken 7/6/16.I filed a claim in Magistrate Court on Aug 11, 2016. On Aug 18, 2016 the defendant's lawyer filed an Answer to Complaint, in which the defendant denies the allegations and requests the case be dismissed siting:1. Failure to state a claim (the clerk would not accept my documentation when I filed the claim)2. Barred by the Doctrine of Latches3. Barred by the Doctrine of Unclean Hands4. Barred by the Doctrine of Accord and Satisfaction5. The property was already damaged prior to being delivered to the defendant.I don't know how to respond to the Answer to Complaint. Should I file my documentation with the Magistrate Court and forward it to the defendant's lawyer as well?Thank you for your time,Deena

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I received the reply, but, there is no subpoena served on

I received the reply, but, there is no subpoena served on this "Notice of Deposition", just service by the constable, which I accepted today getting a heads-up it was coming. Secondly, because the initial process server did not complete service at my offices, which was the correct address, it was apparently returned to this lawyer, who then give it to the constable to serve me at my home.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: In further, the Notice of Deposition cover sheet references the case that I have detailed as being closed, and the wording by the lawyer states, "and you are invited to attend"".JA: Thank you.Customer: Clearly, I am, post already speaking with the judges clerk, and the attorney for the Ar Supreme ct. Grievance Conduct committee that is investigating my complaint, answer that I do not intend to accept his "invitation" on a matter that is closed, referencing a case that is no longer open, and with a court that has already written that it does not have jurisdiction.JA: Has anything been filed or reported?Customer: From what the constable advised, and the clerk of the court, this lawyer filed this notice of deposition post the advice of the Judge, and on a case that is not open, so, I am told that "anyone can file something", it is just a matter of what happens post the filing. -- Correct?JA: Anything else you want the lawyer to know before I connect you?Customer: Now, I note that on his amended Sept. 1 letter to my office address, he states that I am "required to appear" on Oct. 18, in his offices in Arkansas, to be deposed. I just want to discern if besides the information that I have provided, simply put, am I obligated to accept an invitation for a deposition out of state, on a matter that has been settled mutually with prejudice, and signed by the judge, and then, the new judge post the original recusing herself, has written a letter ruling that the matter is settled and closed, with prejudice, and therefore, after review of case law, there is no jurisdiction and he is not going to hear or do anything, unless a appeals court tells him to.

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