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You gotta laugh.

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S

streiteben

Guest
I live in Wisconsin.

This fella files in small claims court and later has his attorney represent him in court.

The fella files the complaint (as eviction and replevin action);

Stating the Tenancy was Terminated.... and that all appliances are to reamin. From June thru Oct.1, furniture and improvements were added to the property. The following items are the plaintiff's and are to remain: (then lists items of furniture).

The lease was signed: 30 May 2001
The attorney did send a notice of 'INTENT' to vacate the premises Dec, 12 2001.

In court the attorney states: "The basis for the eviction is that -- well, on a 28 - day notice, it's our position without a lease..."

To which the court asks: "So you're saying we pretend there's never been a lease?"

Attorney replies: "That's our position."

(chuckle) - I'd laugh if I could find the statute or something concerning that one! Later the attorney wanted to cross examine again: "Well, I guess now that the lease has been introduced I would like to call {the fella} so he can testify."

NOTE: the defendent {me} brought forth the lease into evidence upon taking the stand. (The attorney wanted to 'pretend' there wasn't a lease)

Any one got some citations for those issues????


In a brief (yes they appealed) - the attorney argues that the Court abused their discretion by not allowing evidence to the replevin action.... which I think I have covered. {as the lease states furnishings in the lease } and that as he wanted the items to REMAIN anyway.

In the brief: the attorney also mentions: "At the time (of filing the complaint) {this fella} filed this action he was 'pro se' and wasn't sure if the proper way of getting his {property} and belingings contained within it returned was via eviction or replevin.

(question) - isnt' there something about filing wrong? Or wasting the courts time? In any event, as he is on record as having the attorney prior to on this same action, isn't there some law to cite which would place the responsibility of knowledge of the law on his attorney? YES, why if the attorney sent the notice, didn't he follow up with the filing in court?
 



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