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I would like to know the burden of proof needed in small…

I would like to...

I would like to know the burden of proof needed in small claims court.

Lawyer's Assistant: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?

CA. Plantiff has filed.

Lawyer's Assistant: Has anything been filed or reported?

I was given the envelope by my son's preschool teacher. My ex, father of son, left the envelope with my name on a step and the teacher found.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was a written contract for a loan over 4 years ago/ Plantiff claims I still owe money, I made payments in cash to fulfill the loan. Plantiff has been harassing me in Family Court. He was sanctioned because of bad faith conduct and using the court system to harass and bully. I have the transcript stating as such. I believe he is doing the same no through small claims.

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Answered in 2 minutes by:
5/24/2017
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,218
Experience: General practitioner with diverse legal experience.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The burden of proof in small claims court is "by a preponderance of the evidence." This means that in order for the plaintiff to prevail, the small claims court judge must find it is more likely than not that each of the essential elements of the plaintiff's claim are true.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 1 year ago
What are the elements of evidence does he need to provide to show I owe him money? At this point it is a he said, she said. I paid the loan in cash.Is it relevant to the Court that I have documentation via court transcript that Plantiff (ex, father of my son) was found to be harassing me through Family Court. I was awarded sanctions due to his bad faith conduct.What do I need to provide? I have no receipts as it was paid in cash.

Thank you.

It seems there is no dispute that there was a loan. The factual question here that needs to be proven by a preponderance of the evidence by the plaintiff is that you have not fully repaid the loan. In a he said she said, it just comes down to who the small claims court judge believes. Since the burden of proof falls on the plaintiff, the judge has to find it is MORE likely that they are telling the truth. If the judge simply believes it's a toss up, the plaintiff loses.

You can certainly try to admit evidence of the plaintiff being sanctioned in other legal proceedings. This would not ordinarily be admissible evidence, but small claims judges have a lot more leeway than judges in regular court.

If you have no physical evidence of your payments, then all you need to provide is your personal testimony.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 1 year ago
Is it relevant that Plantiff did not formally serve me? As stated to the legal assistant, Plantiff left an envelope with my name on our child's preschool steps.

Yes, absolutely. You can argue that you were improperly served. However, all this will mean is that the plaintiff will have to properly serve you and then you'll have to come to court a second time. If they have their wits about them, they'll simply hand you a copy of the complaint in the courtroom, thus "serving" you right then and there. So basically all this will accomplish is delaying the proceedings, and forcing you to spend even more time on this. It's not a defense tactic, it's just a delay tactic and it won't make the case go away.

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Customer reply replied 1 year ago
Thank you. Can you advise on how to best argue my position given I do not have receipts for the cash payments?

All you can really do is testify that you made the payments. You will want to provide as much in the way of detail as possible, which will add to the credibility of your claims. You will also want to be prepared to explain why you paid with cash and didn't get a receipt or acknowledgement of your payments in writing.

I hope this helps. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

LegalPro54
LegalPro54, Lawyer
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Customer reply replied 1 year ago
Thank you.
Customer reply replied 1 year ago
one more thing... The loan he provided was also in cash, therefore there is no withdrawl. Does this hurt the Plantiff's case?

No problem. This might have made it harder for the plaintiff to prove there was a loan in the first place, but it seems you are admitting that there was a loan. Since you are admitting there was a loan, it's irrelevant whether the loan money was given to you by check, cash, gold bullion, etc.

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