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I have a Lawyer Father of a student of mine. We had a 1 hour

I have a Lawyer Father...
I have a Lawyer Father of a student of mine. We had a 1 hour driving lesson. They signed a contract. We spread out the driving lessons over a period of time. They wanted to finish ASAP. We do not do that. He wanted his money back $260. We have a no refund policy. Her is now harassing me. We are going to small claims court. He is suing me for $10,000 Claiming fraud, misrepersentation, infliction of emotional distress of a minor 17and a half. Can I sue him for perjury and fraud on the court and me. Use his allegations against him. What a Jerk. This is a lawyer. He owns a law firm supposedly.
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Answered in 1 minute by:
6/4/2013
BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
Verified

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Small claims court judges are very experienced at spotting "difficult" people and reasonable people. You strike me as a releasable person so here are some basic legal principles

Customer:

Thanks

BizIPEsq. :

regardless of what he is suing you for the underlying claim is $260 and not $10k

BizIPEsq. :

under a breach of contract tort claims such as infliction of emotional distress etc. are generally not permitted

BizIPEsq. :

it would have be a case of fraud for a tort claim to maybe come in and even then what exactly is the emotional distress on a $260 dispute....

BizIPEsq. :

in court be calm and reasonable and let the attorney bury himself. Judges don't like bully attorneys especially ones that are giving the profession a bad name

Customer:

I have recorded messages from him telling me he is going to show me how good of a lawyer he is. I even sent him a letter saying I would finish her ASAP....

BizIPEsq. :

In addition, if he has been bad mouthing you (your school) and you have evidence for that then you can use that as a counter claim

BizIPEsq. :

bad mouthing you to third parties, that is

BizIPEsq. :

bring all evidence to court. Note that you offered to expedite the course but that you cannot for professional reason teach all the classes in one shot and most importantly stay calm and collected

BizIPEsq. :

as far as suing him for perjury and/or fraud on the court that is not generally something that is done as your standing to bring such claims and the subject matter are questionable

Customer:

Seems like a dumb Lawyer. I can easily dispute his accusations on me and the time line of events. His first message to me was I suggest you google my name......BLAH BLAHBLAH

Customer:

I have a letter from him claiming outlandish accusations as well.... signed by him.

BizIPEsq. :

Let him bury himself. Be prepared to refund some of the money as the judge may decide that lessons that were not taken yet ought to be refunded but you can respectfully XXXXX XXXXX note that there was no refund policy

BizIPEsq. :

I trust this answers your question

Customer:

My program is 36 hours long. 30 hours of Drivers Ed which she completed. 6 hours of Drivers Training 5 Hours left.

Customer:

Should I only speak up to his accusations when its my turn. How would a judge handle this

Customer:

Thanks for your time and help AWESOME

BizIPEsq. :

you're welcome

BizIPEsq. :

please rate my service

Customer:

Any response to my last question

Customer:

Going to rate EXCELLENT

BizIPEsq. :

sorry. Generally, the judge will conduct the hearing and will let both sides speak. So wait for your turn. you will have it

Customer:

Have a great day !!

BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
Verified
BizIPEsq. and 87 other Business Law Specialists are ready to help you
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Customer reply replied 4 years ago

Hello again. I just went to court. I lost.??? I had a protem judge. I agreed for him to hear it.right before my case he JUST leaves. A new judge steps in. No explanation. The Lawyer got to talk first. I never got to show my EVIDENCE. I just got yelled at about his accusations. I never got to fight the accusations. I tried to play my recordings of his threats that show his real concern. The Judge said How come I did not file a counter suit. I could not play my 2 min recordings. He played his recordings of me. I just stood there and took it. All my papers were in my hand. And my recorder. What Happened ??? Is this legal.

It's very difficult to say what happened since I was not there. You do have the right to file an appeal. If you do file an appeal be mindful that you have a very limited time to do it and I highly reccomend that you retain an attorney for that. Please inquire with the clerk of the court when is the deadline to file an appeal
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Customer reply replied 4 years ago

The daughter was right there and she was never questioned ??? The Father admitted in open court his daughter has PHYSCOTIC episodes in the past. Some how I made them worse. She could not drive supposedly for 3 weeks ????

You should consider appealing.
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Customer reply replied 4 years ago

He did not Identfy himself as a lawyer in court. Should he have. Shouldn't a judge question that girl.

He most likely was appearing pro-se just like you. and therefore no need to identify as an attorney. Generally, judges do not have the obligation to question. In some cases/courts they cannot.
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Law Educator, Esq.
Category: Business Law
Satisfied Customers: 120,973
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
Thank you for your question. I look forward to working with you again.

If you went to court on this matter already in small claims, it was your duty and burden once the plaintiff presented his case and alleged evidence against you to present your own evidence and witnesses in your defense to the court. It was up to you to question the plaintiff about the allegations they made and present evidence to prove that what the plaintiff said was not true and to question his daughter since she was there for these events and could testify to the truth.

You cannot sue him for perjury or anything for what he said in court right now because you never proved in the court case that what he said was untruthful. You have to appeal the decision within 30 days to the Superior Court and then seek to better present your case in the Superior Court to show that his allegations are false. If you are able to prove that and the court says his allegations are false, then you can file a motion with the court for sanctions for perjury.



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Law Educator, Esq.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
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