Can I require a specific employee to appear in small claim court?
tima...@yahoo.com
company I dealt with during the whole process. He signed everything,
promised everything. Can I requir that this person to show up in the
court? Is this necessary? What should i do? Thanks
McGyver
news:1126012966.6...@z14g2000cwz.googlegroups.com...
You can subpoena a witness. The company decides who will represent the
company. I don't know enough to advise on whether it's a good idea to
subpoena the perspon you dealt with. Sometimes the person who made the
promises will lie. Sometimes the plaintiff testify that the defendant did
this and that, and some company person promised this and that, then the
defendant company denies it, but since they didn't bring to trial the person
who made the statements, sometimes the judge can conclude that the company
has not effectively denied the charges.
McGyver
tima...@yahoo.com
I rent an office from B (sublet), signed a contract for 2 years and
paid a 3 months deposit. (Note: the contract was titled with a
company's name, which was the one I sued, but I want B also present on
the small court).
After 4 months, I asked B if I could move out and get deposit back. He
told me that I can get my deposit so long if I found somebody to rent
the office at the same price, put same amount deposit. I did just what
B told me. At the time they signed the contract, I asked about my
deposit, B told me that I'll get it within 10 business days.
After 10 days, B told me the company have to give it to me in 4 months,
each month a portion of it. I checked about his name online, and found
he was on a rip off report for not refunding $3500, which made me
uncomfortable.
To get some evidence, I insist a writen payment plan from him and start
to tape our phone (It is legal in our state). He told me the payment
plan, but said he could not write it, but if I wrote it, he could sign
it. I typed it out, and he signed. When I came back, compare it with
the lease contract, I found his signature doesn't look much like the
one on the lease!
4 months passed, I got nothing.
During these 4 months, I went as our appointment to pick up the checks
twice, he never showed up. Then he told me he mailed the checks to me,
I never received anything. Then I asked his new office location to pick
them up, he gave me an address (in another city) which can't be found
on the internet, and the police dept. told me there is no such street
listed in that city.
Last time I called, he told me that payment plan doesnt' work anymore,
the new plan is ....pay me in two years.
My questions are:
Do I have enough evidence to win the case?
Will the payment plan also serve as an evidence that I was released
from the contract?
===========
ps.
Now he start to accused me:
" you broke the lease"
"I'm not in the position to make that decision to let you leave"
" you just left without our agree"
" the new renter constantly delay paying rent"
" They (new renter) are subletting from you, you are still
responsible until your lease ends"
"we have the best lawyer in the city, that is our business"
People told me a good lawyer is everything in court. I'm not good at
argument and speaking.
McGyver
news:1126099007....@g44g2000cwa.googlegroups.com...
> The whole story:
>
> I rent an office from B (sublet), signed a contract for 2 years and
> paid a 3 months deposit. (Note: the contract was titled with a
> company's name, which was the one I sued, but I want B also present on
> the small court).
Why? Do you expect B to tell the truth and therefore you will win your case
against the company?
> After 4 months, I asked B if I could move out and get deposit back. He
> told me that I can get my deposit so long if I found somebody to rent
> the office at the same price, put same amount deposit. I did just what
> B told me. At the time they signed the contract, I asked about my
> deposit, B told me that I'll get it within 10 business days.
Either that statement was a description of rights you already had in the
lease, or it was a verbal change in the lease, or it was a waiver of a right
the tenant had, or it was an unauthorized statement having no meaning or
effect because the lease says that oral stuff doesn't count. I can't tell
because I haven't seen the lease. I'm not suggesting you post the lease
here, because even if I see it I won't know the law in your state. You
wouldbneed to see an attorney in your state.
> After 10 days, B told me the company have to give it to me in 4 months,
> each month a portion of it. I checked about his name online, and found
> he was on a rip off report for not refunding $3500, which made me
> uncomfortable.
Same answer.
> To get some evidence, I insist a writen payment plan from him and start
> to tape our phone (It is legal in our state). He told me the payment
> plan, but said he could not write it, but if I wrote it, he could sign
> it. I typed it out, and he signed. When I came back, compare it with
> the lease contract, I found his signature doesn't look much like the
> one on the lease!
Great. You have something in writing. I don't know what the writing says,
but it's better than nothing. Now you have a good chance of convincing the
judge that the tenant, through their employee, agreed to repay the deposit.
> 4 months passed, I got nothing.
>
> During these 4 months, I went as our appointment to pick up the checks
> twice, he never showed up. Then he told me he mailed the checks to me,
> I never received anything. Then I asked his new office location to pick
> them up, he gave me an address (in another city) which can't be found
> on the internet, and the police dept. told me there is no such street
> listed in that city.
>
> Last time I called, he told me that payment plan doesnt' work anymore,
> the new plan is ....pay me in two years.
That statement doesn't help you, so you won't be telling the judge about it.
If the company tells the judge about that statement, they will have a hard
time convincing the judge that this statements has any effect on your rights
at all.
> My questions are:
> Do I have enough evidence to win the case?
It's possible. That's the beauty of small claims - you tell your story and
take your chances. You don't need to agonize over what the probabilities
are. Just go for it.
> Will the payment plan also serve as an evidence that I was released
> from the contract?
Yes. Exactly.
> ps.
> Now he start to accused me:
> " you broke the lease"
That may be what the company will contend in court. But they are wrong.
> "I'm not in the position to make that decision to let you leave"
That may be what the company will contend in court, and it may be true. But
they put that person in that position and allowed him to lead you to believe
that he had the authority. That's their fault, and they should be liable
for his committment.
> " you just left without our agree"
That may be what the company will contend in court, but it doesn't matter,
because you and the company reached agreement after that.
> " the new renter constantly delay paying rent"
That's the company's tough luck.
> " They (new renter) are subletting from you, you are still
> responsible until your lease ends"
That's silly. You didn't sign any sublease, right? And B did, right?
> "we have the best lawyer in the city, that is our business"
> People told me a good lawyer is everything in court.
Are lawyers allowed to represent parties in small claims court in your
state? Not mine.
> I'm not good at argument and speaking.
If lawyers are allowed, hire one to represent you, if the deposit money is
big enough to make it sensible to hire an attorney. If you go to trial
without an attorney, just be calm, tell your story in your own words. You
don't have to argue. If the other side lies, you can say so when it's your
turn. There is no need to be elequent. Small claims judges are used to
hearing stories from in-elequent people.
So, I still don't understand why you are thinking it would be good to have B
there.
McGyver
tima...@yahoo.com
> If lawyers are allowed, hire one to represent you, if the deposit money is
> big enough to make it sensible to hire an attorney.
It is allowed in NY
> If you go to trial
> without an attorney, just be calm, tell your story in your own words. You
> don't have to argue. If the other side lies, you can say so when it's your
> turn. There is no need to be elequent. Small claims judges are used to
> hearing stories from in-elequent people.
Thanks, that makes me had a good sleep last night :)
> So, I still don't understand why you are thinking it would be good to have B
> there.
I checked the company's registrate information and found that the
address is "C/O" by another company XXX LLP, and the Registered Agent
is NONE. It makes me feel the company is hiding somewhere. The only
link between between me and the company is B. So I felt he sould be
there. Otherwise, the company may deny all the evidences (his
signature, his voice and lies on the tape).
I just want him to show up as the "link", not as witness, because I
know he is going to lie again as I knew from our last phone call.
McGyver
<tima...@yahoo.com> wrote in message
news:1126183047.0...@g14g2000cwa.googlegroups.com...
OK, that makes sense. The company could still lie, and could even deny
knowing B. Or they could claim that B works for some other company and that
you sued the wrong one. But still, I think you are right to want B there.
It is harder for the company to lie because of the risk that B might say
something to expose their perjury. A subpoena might get him there and might
not. If he ignores the subpoena, the judge might not do anything about it.
A better approach would be to sue B as well as the company, in the same
small claims suit. If B shows up he can defeat the action against him only
by convincing the court that he was strictly the agent for the landlord and
was not acting for himself personally. That would help you greatly,
assuming you sued the right company and the landlord company is standing
there when B defends himself. In your shoes, I would sue B plus the company
you think is the landlord plus whatever company cashed your rent checks, all
at once.
McGyver