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Pro Se litigant in low value civil suit, next steps and responsibilities.
Omaha, NE
Viewed 70 times.
Posted about 1 month ago in Lawsuits / Disputes
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My wife filed suit against a client that owes her $675 for 12 months of services rendered, with no payment. She originally filed in small claims court, and the defendant responded by paying the necessary fee to move the case to civil court, and has engaged an attorney His attorney responsed that the debt was not owed due to lack of written contract.
My wife filed to get on the court docket. In that paperwork was a statement that (paraphrasing) the court will assume that the plaintiff has made an attempt to negotiate with the defendant. My wife doesn't want to negotiate. He used her services, he owes her the full amount. Must she contact his attorney and pretend at negotiating? Must she share with his attorney what her evidence of debt is? (invoices sent, history of having payed...
Additional information
The defendant is the non-custodial parent. The custodial parent chose my wife as daycare provider. The defendant has refused to pay his half of the daycare fees for the past 12 months (the custody agreement orders him to pay half, but doesn't specify whether payment is to be made directly to the provider, or reimbursed to the ex-wife). He continued to drop the children off on his mornings of possession, and up until a year ago did pay his half of the daycare fees (we have records to demonstrate that). To the hearing, my wife plans to take our records of payments, the custody agreement, and me as witness that he dropped the children off during the non-pay period. Our strategy is to use the past payments and the use of services as evidence of an implied contract fo pay for services, and the custody agreement as proof that he is to pay for half of the fee. Must my wife share that evidence and strategy with the defendant's attorney, or does that rule only apply to the prosecutor in a criminal case? Answers (2)Michael Ernest Chionopoulos
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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First, this answer is not legal advice and does not create an attorney client relationship. With that understanding, I will attempt to point you in the right direction. First, is all of this really worth $675? I'd probably walk away - from the tone of your writen question, it is obvious that this issue has already robbed you of more than $675 worth of life.
While I am not a Nebraska lawyer and cannot speak specifically to Nebraska law, I will tell you a few generalalities about what you will need to prove. Most states have a "Civil Procedure Code" or "Rules of Civil Procedure" that govern all non-criminal actions. It is there you will find the answer about disclosing certain information. Generally speaking, there is a "Discovery" phase of litigation - each side gets to ask the other questions, take depositions etc. Some states even have "standing discovery" - meaning that there is certain information you have to give to the other side without even being asked for it. You will need to check the Nebraska code. At the end of the day, it is most likely that you will have to provide copies of all "evidence" (i.e. bills and records) you intend to use at trial to the other side in advance of the trial (usually not later than some sort of pre-trial meeting witht he court). Your bigger problem is understanding what you can and cannot have actually entered into evidence and what foundation you need to enter certain evidence. For instance, as a general rule, most jurisdictions have some form of a "hearsay" rule. "Hearsay" is an out of court statement (i.e. not made under oath) offered to prove the truth of the matter asserted therein. In other words, if I offer a speeding ticket as evidence to prove that you were speeding, it is precluded as hearsay. It is an out of court statement (was written by a police officer not under oath when he wrote it) and I am using it to prove exactly what it says ... you were speeding. If, on the other hand, I offer that same speeding ticket to show that you were in Georgia, as evidenced by the ticket date/time/place, when the accident happened in Florida and, therefore, you could not have been driving the car involved in the accident ... then the ticket is admissible because I am not offering it to show the truth of the matter asserted therein, i.e. speeding. It seems like you have likely going to have some significant evidentiary issues with the "documents" you have referenced. You will likely first need to "authenticate" them by the "records custodian" (probably your wife) to show that they are "kept in the ordinary course of business" With respect to your testimony, you will not likely be able to say what you heard, but should be able to say what you "saw." I hope this helps. My best advice to you is to find a young lawyer - right out of school - who is anxious to cut his/her teeth and will do this case pro bono just for the courtroom experience. They'll be all hyped up about cross-examination etc. It will be good for both of you ... he/she can get some experience in a case that is not so complex his/her inexperience can really harm your case (they will know the basics from law school, but just may not speak as elloquent) and they will get some good experience. Good luck.
Irwin R Kramer
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