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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 43661
Experience:  17 years practicing criminal defense.
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I have a smalls claim court date coming up next week can I

Customer Question

I have a smalls claim court date coming up next week can I bring in a back ground report on the defee
JA: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?
Customer: Pittsburg California I had the defendant served on a construction defect on a leaking Pool and Spa
JA: Have you talked to a lawyer yet?
Customer: yes he said I had a good case but it would take 2 to 3 years so I decided to sue for $10,000.00 in small claims court and get this behind me
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to get in trouble submitting a back ground check on the defendant and his spouse, the defendant has allot of liens against and his spouse has allot liens against her, is it legal to bring in back ground checks into Small Claim court this is a civil suit
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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No, you can't bring in evidence of prior bad acts or character evidence against the defendant to show he has acted badly before. The judge won't allow it and would claim it is prejudicial to the case.

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If you have a breach of contract action, you prove your case by proving that there was a contact, the defendant breached the contract, and you have suffered damages due to their breach...

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Evidence that they are a bad person is not legally relevant... you just need to show that they have caused you damages by their actions.

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thanks

Barrister

Expert:  Barrister replied 9 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister