Small Claims Court: What is appropriate to defend a case? - business and professions code a liquor license
I learned that my contract has been violated in many different levels and found the specific business and Professions Code have been violated. I'm new to these things, but I do not know if I go to court with my code or the judge should wrap to leave matters in the legislation and codes? I will not bore you with the thought that I know nothing about the law, because no / maybe add something else.
In addition, if a contractor needs the license, and not one and it bothers me is not true that you can not sue if you need a business-license? I want the judge first? or not with the amount of money they say I owe? I am the defendant.
4 comments:
Small Claims Court is more informal than most types of dishes. Everything you need to do is go tell your story to judge any of you want information about and decide is fair on the basis of the law. Small Claims Court apply only to matters of contract law and secondary, such as the right to sue and license information only if the case is too complex, it is competent for a court's scope. You do not need the presence of a lawyer, but you can create a wish, if you wish.
Do not assume that the judge knows all the intricacies of the law. S / may be new, the bank (or) in this specific area of law and have no real true experience in contract law (with fear, right?) Also, judges know something very few people either in the economic sector. You need to (make your own case or to hire a lawyer to do it for you.) Accounting code) (or other documentation showing the judge.
Writing (and decided) to tell the judge, he only thinks the contractor is not wrong, in the order you think most (if the judge cuts you off before you have to say what I mean.)
I would definitely mention that the contractor has been working without a license! If you are instructed, are to provide a service that requires a license, but you have no license, the contract is illegal! (for example, can not force) a contract to supply 10 kilograms of cocaine for a price. One could simply say: "Your honor, a contract with me for a service, which under the law (or code, etc.) can be achieved only by a publicensed contractor. When I signed the contract, I knew she was a licensed contractor. Because she is not legally entitled to this service, which will be freed from this illegal contract must perform. "
But not rely upon this point. Try any number of large gaps in the market possible. Take pictures of course, when you say that the work was of poor quality. Bring witnesses to support their claims. For example, you can use a picture that a declaration to be understood by a contractor for a neutral judge, what is wrong to do so requires in this way. Ask the contractor to inform the judge of his skill in short neutral, and then explain the right way to do it, but as you can clearly see it was so, etc.
If you believe) on damages (money, right, do not forget to ask for it, and have documents to back up their claims. (eg other contractors, the cost of fixing their mistakes and / or appreciate the conclusion of the work.)
Whatever you're polite to the judge andthe other side! Not to act like people of "Judge Judy" or act better (that does not mean that one should not draw the correct law simply does not fall into complacency if it seems to be their way or discuss with the court if s / with you disagree.) Try a poker face, especially if the other person to speak (not to sigh and shake their heads when they say something I do not agree.)
Even if you can hire a lawyer to represent you a good idea to a conversation about your rights under the law and legal strategies. Good luck!
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