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Is this allowed to be brought up?

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Bell1056

Junior Member
What is the name of your state? FL

Am Defendant, and have countercliam against Plaintiff in small claims case coming up for trial.

Part of my claim is that Plaintiff's failed to respond to calls and meetings to resolve problem.

Am I allowed to introduce evidence that shows the Plaintiff has a pattern of such behavior? (The evidence is failure to repsond to the BBB regarding complaints against them, and a recent judgment and fine against the Plaintiff for not stopping work when ordered to do so by the county.)

Thanks.
 


You Are Guilty

Senior Member
Absolutely, it's small claims. There are no rules of evidence there. That being said, there's no requirement that the court accept the evidence, but you are certainly entitled to "bring it up".
 

BL

Senior Member
The BBB report will most likely mean nothing to the Judge.
In fact I've had the Defendant in a case bring up the Fact I complained to everybody I could ( like It's part of their poor poor me defense ).

The only thing the Judge is concerned about is evidence and facts,and what you know personally about the case .
 

JETX

Senior Member
Blonde Lebinese said:
The BBB report will most likely mean nothing to the Judge.
Actually, that is not true.

The 'evidence' you have can be used to impeach their testimony. Personally, I would try to lead them into making a statement as to their 'customer care', hoping that they would make some type of claim like "We always handle customer complaints and comments promptly and with courtesy" (or similar). THEN, you present your evidence of their dishonest statement.... with a note to the court that with that, can ANY statement of theirs made in court be trusted.
 

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