Intimidation tactic?

[brokenlull]

Recently me and my friend took a trip to Europe, where I put the hotel room and airline tickets on my credit card. After returning from the trip, he refuses to pay me his share of the cost. I have filed my case in small claims court, and my hearing is scheduled later this month.

My friend's father happens to be a lawyer. Today I recieved in the mail a letter from his office- an "Appearance and Notice of Appearance", where his dad (the attorney) states that he is filing his appearance on behalf of the defendant (my friend, who I am suing).

This statement seems to contradict the policy of my local court of not allowing an attorney to represent anybody in small claims court. To me, the only way he could use an attorney is if he moved the case to a higher court. Therefore, I believe this letter is nothing more than an intimidation tactic aimed at me.

Does anyone share the same opinion?Could someone help me out with this?

 

[freebird]

You may use an attorney in small claims court although it is not required. It sure sounds like a tactic and, if it is for intimidation, you can bet that the small claims court won't like it either. The most important aspect is to determine the basis for the defendant's alleged defense. Why does he refuse to pay you for the hotel room and airline tickets?

If it is a claimed "gift" of some sort, then the defense would have to prove it is a gift and not a loan and bears the burden of proving such. I wouldn't be afraid of Daddy coming into court since, unless sonny boy has a good excuse, it will only hurt your former friend. Small claims courts are supposed to even up the playing field and they will not like it if an attorney is in there in an attempt to intimidate you.

Don't worry about it. Just make your case and let Daddy fumble for words if they have no defense. If sonny boy warned you Daddy is a lawyer then you might even mention that fact in passing while making your case.

Originally posted by brokenlull
Recently me and my friend took a trip to Europe, where I put the hotel room and airline tickets on my credit card. After returning from the trip, he refuses to pay me his share of the cost. I have filed my case in small claims court, and my hearing is scheduled later this month.

My friend's father happens to be a lawyer. Today I recieved in the mail a letter from his office- an "Appearance and Notice of Appearance", where his dad (the attorney) states that he is filing his appearance on behalf of the defendant (my friend, who I am suing).

This statement seems to contradict the policy of my local court of not allowing an attorney to represent anybody in small claims court. To me, the only way he could use an attorney is if he moved the case to a higher court. Therefore, I believe this letter is nothing more than an intimidation tactic aimed at me.

Does anyone share the same opinion?Could someone help me out with this?

 

[VisionTilt]

some friend...

sorry.

 

[freebird]

Originally posted by VisionTilt
some friend...

sorry.

Seriously... with friends like that, who needs enemies? Unfortunately it happens all the time... be a good judge of character and be honest with yourself when choosing your friends...