Edward Wallace Russey III's Answers

Am I allowed to use a copy of the security video surveillance from the mall parking where an accident occurred as evidence?

You've asked a lot here, but here goes. The rule about not being allowed to have an attorney represent you in small claims means that the attorney can not speak for you in court. He or she can come with you and sit at your side and advise you up until you get up in front of the judge. What he cannot do is speak for you to the judge. As to the other side choosing the commissioner, its not clear to me what the purpose is in your case, other than perhaps causing a delay. In wrongful...

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I have a question regarding an invoice for repairs done on my car in April 2009.

If I understand you correctly, you are saying the shop owner knew he had replaced the heads, rather than machined them, at the time you picked up the car and made your first payment of $700. If that is true, did he ever explain to you why the additional $411.10 did not show up on the initial invoice? Have you been able to determine if he did indeed replace the heads rather than just "machine" them? If you plan to take him to small claims court, make sure and have a professional look at the...

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What rights do I have in scheduling Mediation?

Both parties have to agree to the date of a mediation. However, in your case, there is a deadline, so there is a parameter in place. I suggest that you be as flexible as possible. Agree to as many of the dates that the other side offers as you can. Then, if it looks like they are not going to mediate by the 60th day, you can go to the judge and show him how you did everything you could to make it happen and that it was the other side that would not cooperate, that they acted in bad faith....

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Can my cable company charge me for services I did not agree to?

I basically agree with the first contributor. However, you mention that you "have a billing for Basic Cable on [your] bill for the month of June . . . " It sounds like you already have a relationship with the cable company if you are already receiving a bill on which "Basic Cable" was just now included. If this is true, what is the on-going bill for? And, if this is true, are you sure the company did not notify you in some way that it was getting ready to charge you? If they contend that...

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Floor Tiles beginning to loosen

I agree with the responses of the previous contributors. As to how it would work in small claims, it is a fairly simple procedure and the filing fee is very low. You are not allowed to have an attorney in small claims so you will be presenting the information your self. Given that attorneys do not present small claims cases, small claims court judges tend to be very lenient in allowing people to present their cases there. In other words, you don't have to know the rules of evidence or...

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Can a group of investors file a petition to Judge without an attorney. We can not afford an attorney.

Do you know why the SEC froze the club account? You can definitely file a complaint without an attorney, but as the other responders have indicated, you would be unwise to do so. I have worked on many consumer investment cases and would be glad to consult with you on this. My initial consultation is free. My number is 949-235-6617.

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How can a cell phone company charge taxes at a retail price for a cell phone being sold at a sales price?

I am not an expert in this area, but I am not aware of any principle of law, or specific law, that allows or requires Verizon to do this. Also, if Verizon is CLAIMING the $82 they are collecting from you is being paid to the government in sales tax, when in fact a portion of it is NOT paid to the government, that sounds like fraud to me. As to what you can do about it, at the very least you should write Verizon a letter challenging this practice. In the letter, make sure and ask them to...

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I sold my car to my sister for $2500 in the state of California and she has stoppped making payments. What can I do?

First of all, you have my sympathy. It is miserable being involved in something like this with a relative, particularly a sibling. For the amount in question, you will need to go to small claims court. In that court, you are not allowed to be represented by an attorney. Also, given the amount in question, it probably would not make sense to hire one. You said that she is ignorning your calls and e-mails. Do you know if she or others in her household have lost their jobs? Unless...

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Im a plantif I won the case.Know the defendent got a lawyer he sais the papers were not served properly. What can I Do?

I make the same assumptions as the first contributor and come to the same conclusions. I would add that, if you believe the defendant was properly served, you should consider hiring an attorney now to fight the motion to set aside the judgement. However, I agree with the first contributor that it is very likely the court will set aside the default. Also, you seem to be extremely focused on the cost of the attorney. While that should be one consideration, the main thing is you want some...

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I ordered furniture in another state but want to cancel the order.

Mr. Garner has given you a pretty thorough answer. My only question to you would be, what is the fabric issue? If it is something you knew about at the time of purchase, then it adds nothing to the inquiry. However, if you learned after the fact that it was not the fabric you thought you were purchasing, or you were told you were purchasing, that is another matter.

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