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This is maddening!

Icarus

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You are suing a lawyer so you are already at a disadvantage.

That's not how small claims court works. There is no advantage to being an attorney in small claims court, which is the entire idea of having a small claims court in the first place.

It also works differently as far as the ability to appeal a small claims court judgment, depending on the jurisdiction. Every state is different, even courts within a state can be different. You have to look up the rules in your state and your county.

Years ago, when I sued a car dealer in small claims court in NYC, they were required to be represented by an attorney since they were a corporation. Either party could elect to have a judge hear the case, and the judgment could be appealed only in that case. If both parties agreed to have it heard by an adjudicator instead, the decision could not be appealed by either party.

-David
 

dmharris

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I think one telling thing stood out in what the "lawyer" said to you . . . he wants his credit record cleaned. He must want to buy something with a loan and can't get the loan in this tight lending market because of his record. You can look up other's credit records somehow, so you might find something to leverage in negotiations with him.
 

pjrose

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It'd be great to have this guy off your back - but he doesn't DESERVE to have his credit record cleaned! Correcting an inaccuracy is one thing, but that doesn't seem to be the case here.
 

dmharris

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It'd be great to have this guy off your back - but he doesn't DESERVE to have his credit record cleaned! Correcting an inaccuracy is one thing, but that doesn't seem to be the case here.


True, he doesn't deserve it, but let's remember, we reap what we sow. And if clearing his credit record is what it takes to get him to disappear, then it's up to Karen to decide what to do and what he has to do to make amends (he should not get off scott-free). Sometimes I like a good fight but other times I want to just be done with it.
 

pjrose

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True, he doesn't deserve it, but let's remember, we reap what we sow. And if clearing his credit record is what it takes to get him to disappear, then it's up to Karen to decide what to do and what he has to do to make amends (he should not get off scott-free). Sometimes I like a good fight but other times I want to just be done with it.

You're right - pick your battles and all that. It's like trying to argue with toddlers or teenagers (who are more or less the same).
 

Karen G

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Once owned these: FirstFairway@Walden X 2; Lawai Beach; ManhattanClub; PuebloBonitoRose; 4 South Africa--now timeshare-free
The rest of the story

In case anyone is interested, here's what happened:
When the judge at the re-hearing dismissed the second small claims case & the illegal judgement with it, we asked the judge if we could now sue the lawyer/tenant for the money he has caused us to pay. The judge said it was too late--we should have counter-sued the first time.

We consulted with a real estate attorney & he concurred with the judge. He did say we might want to file a complaint with Nevada State Bar Association, which we did. At least that consultation was free.

We received a letter from the State Bar that read like a form letter someone had stored in their computer--sounded like they didn't even read or understand our complaint about the unethical way the lawyer tried to circumvent the small claims court rules to get the illegal judgement. The letter said that since the bar association complaint department wasn't a "legal services agency" and couldn't help us with our case (what case?), we should just talk with the lawyer or file appropriate pleadings with the court.:confused:

So, I guess that's the end of it. At least the tenant/lawyer still has the mark against his credit & we got the judgement thrown out. If he does sue us in district court (though the amount is really too small for district court) we would countersue him then.
 

pjrose

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Frustrating, annoying, etc. I'm sure you'll still keep everything in case the jerk resurfaces.

The form letter you got that looked like nobody had a clue what your complaint was, reminds me of a complaint I filed many years ago. I had applied for a job in a male-dominated field, and was told I was "unsuited." I decided to file an Equal Opportunity Employment complaint. Filled out tons of paperwork, interviews, etc. After a YEAR I finally got a form letter from Equal Opportunity - basically I had 3 options. 1. Ask them to drop the case and admit that there was no discrimination, 2. Ask them to drop the case because I decided not to pursue it, and 3. Ask them to investigate. When I got to option 3, which is what I thought they had been doing all along, I opted for #2 and tossed it.

Bureaucracy is supposed to be efficient, but sometimes....AAARRRGHHHHH!
 
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