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Awkward situation... How would I defend my case?

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starbucksaddict

Junior Member
What is the name of your state? CA

Hi,

First of all, thank you for taking your time to kindly offer your assistance. I am currently preparing for a small claims lawsuit filed against a private individual who damage my car and stole my property. Unfortunately, he is an illegal immigrant and does not speak English. My insurance will not cover it because my deductible is $1000 and the cost to replace the window was estimated at $475 and $300 for my GPS. I wanted more for the GPS because I bought it on sale but is now listed higher at Bestbuy. And worst of all, he has an immigration lawyer and his paralegal assistant who has been threatening me over the telephone for filing a small claims case against his client. They didn't introduce themselves as from a law office. But, I wrote down the caller ID name (2 names with LLP initials) and number. I called that number back late in the evening to check who this company is working on that individual's behalf. And it was an immigration law office. I had my friend called the following day with a private number pretending to need legal advice. While on speaker, the individuals on the other end of the telephone was very familiar and had the same tone and demeanor as the person who threaten me. So I decided to call and told the paralegal that this was none of their business and I will call the police. But then the lawyer got on the line and told me "drop your claim and don't you mess with my client or you'll never see the light of day!" and he hung up. His paralegal called me again the next day saying they will defend their client at small claims this Friday! I just received a counterclaim notice for $5000 stating "frivolous lawsuit and malice which oppresses the well-being of my daily functions resulted in psychiatric injury." Now if that thief can't speak, write, or comprehend English, how in the world did he write this counterclaim that I couldn't even make any sense of.

Is this crazy or what? Their client broke my car and stole my stuff. I called the police, made a report, they arrested him and was let off on community service and all I want is just my car fixed and my stuff replaced. And now I am facing a counterclaim which I have no idea what it means. And I am going against a lawyer speaking on behalf of this thief.

I honestly can't afford a lawyer. I live paycheck to paycheck. I would really appreciate if anyone could please offer me advice on how to defend myself. The court clerk will not give me any advice but stated that any individuals who does not speak English can obtain a translator, whether it is a friend or professional; however, small claims judges and/or part-time judges/arbitrators do not allow representations by "counsel" unless it is a very unique situation. And that's all the clerk said and refused to answer my questions. So is this case very unique in that he is allowed to have a lawyer?

I am so confused. I was told by my friend that the courts do offer lawyers who work for free or is paid by taxpayers. I know it is a bit late... but do I quickly find or get such a lawyer in 3 days?

The only evidence I have is the police report, an estimate to fix the window, and the receipt for my GPS I bought at Bestbuy.

Thanks!
 
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