Attorney Representation Small Claims Court

[MHP]

What is the name of your state (only U.S. law)? Nevada

I know I can be represented by an attorney in Small Claims Court in Nevada, but do I have to be present or can just the attorney be there to represent me?

 

[justalayman]

What is the name of your state (only U.S. law)? Nevada

I know I can be represented by an attorney in Small Claims Court in Nevada, but do I have to be present or can just the attorney be there to represent me?

If you want a chance of winning your case you need to be there. Your statements cannot be brought into court unless you are there. Without your testimony, just what kind of a case do you think you would have?

 

[adjusterjack]

The attorney can only represent you, he cannot testify for you.

You need to show up and testify otherwise you stand a good chance of losing.

Are you the plaintiff or defendant?

What's the case about?

 

[MHP]

There are actually two cases. One against UPS, where it appears their employee stole a $2,000 package that I shipped. I have lots of evidence for this and UPS has no evidence they didn't do it. There was a chargeback for this package by the receiver because they didn't receive it. The other case is where a landlord deducted $4,000 from my security check refund when the issue could have been resolved for $200 or less. I feel confident that any neutral party will see it this way, as the deduction was over-the-top ridiculous.

I thought I could just provide the evidence to the attorney and they could present it. I don't think there is any personal testimony that I need to give. And even if so, what about an affidavit?

 

[justalayman]

There are actually two cases. One against UPS, where it appears their employee stole a $2,000 package that I shipped. I have lots of evidence for this and UPS has no evidence they didn't do it. There was a chargeback for this package by the receiver because they didn't receive it. The other case is where a landlord deducted $4,000 from my security check refund when the issue could have been resolved for $200 or less. I feel confident that any neutral party will see it this way, as the deduction was over-the-top ridiculous.

I thought I could just provide the evidence to the attorney and they could present it. I don't think there is any personal testimony that I need to give. And even if so, what about an affidavit?

Evidence is nothing without a person explaining why it is of value to your case. That requires your testimony.

To the ups case: what evidence do you have? You need to read your contract with ups as well. They do make payment for lost packages but it is a limited amount unless you properly insure the package.

The landlord issue; I can't imagine what issue could have such disparate valuations from two different people. Care to share?

 

[quincy]

There are actually two cases. One against UPS, where it appears their employee stole a $2,000 package that I shipped. I have lots of evidence for this and UPS has no evidence they didn't do it. There was a chargeback for this package by the receiver because they didn't receive it. The other case is where a landlord deducted $4,000 from my security check refund when the issue could have been resolved for $200 or less. I feel confident that any neutral party will see it this way, as the deduction was over-the-top ridiculous.

I thought I could just provide the evidence to the attorney and they could present it. I don't think there is any personal testimony that I need to give. And even if so, what about an affidavit?

MHP, why did you delete your other thread in the landlord tenant section of the forum ("Question about cashing a refund check from a landlord if you dispute amount")?

In that thread, you said your landlord sent you a check for $5000. You were told in that thread that, although you do not waive your right to dispute the amount of the check if you cash it, it is generally advised that you hold onto the check until the dispute is settled.

Several forum volunteers responded to your question and a link to the applicable Nevada landlord-tenant law was provided to you by adjusterjack. I provided a link to the Uniform Commercial Code on the timeliness of deposits (a bank has an obligation to honor checks up to 6 months old). Here again is a link to that: https://www.law.cornell.edu/ucc/4

Your thread had multiple very good responses from multiple very knowledgeable volunteers. It is too bad you thought so little of our efforts. In fact, you expressed how little you thought of our efforts in your final post ... which had to be reported due to its rather unpleasant content.

 

[MHP]

Explaining the evidence isn't testimony. Why are you people on here talking nonsense? An attorney presents evidence in court. The plaintiff doesn't need to explain the evidence, the attorney does that. Explaining evidence doesn't require testimony. Testimony itself is a form of evidence.

 

[justalayman]

Explaining the evidence isn't testimony. Why are you people even on here just talking nonsense? An attorney presents evidence in court. The plaintiff doesn't need to explain the evidence, the attorney does that.

Then go an hire an attorney to do this for you. If you know the answers, why are you asking the question?

An attorney submits evidence. He cannot testify to anything about it because all he knows about it is what you told him. If you aren't there to testify to the statements, what you said to the attorney cannot be admitted into evidence. It would be hearsay.

 

[Silverplum]

Explaining the evidence isn't testimony. Why are you people on here talking nonsense? An attorney presents evidence in court. The plaintiff doesn't need to explain the evidence, the attorney does that. Explaining evidence doesn't require testimony. Testimony itself is a form of evidence.

That's enough.

Have a nice evening.

 

[MHP]

That's enough.

Have a nice evening.

That's enough of what, you blood-drinking, inhuman POS? Delete this thread, you parasitic POS. I know you're not a human, and can prove it in court.

 

[quincy]

That's enough of what, you blood-drinking, inhuman XXX? Delete this thread, you parasitic XXX. I know you're not a human, and can prove it in court.

And THIS is an example of why the last post in your OTHER thread was reported. You are on a roll here, MHP, with your last posts.

Silverplum is, by the way, the forum's very favorite bot. Calling her parasitic and a blood-drinking XXX one, though? You really have no manners.

 

[Silverplum]

And THIS is an example of why the last post in your OTHER thread was reported. You are on a roll here, MHP, with your last posts.

Silverplum is, by the way, the forum's very favorite bot. Calling her parasitic and a blood-drinking XXX one, though? You really have no manners.

00110001001100101110110!!!



*we all <3 the Q*

 

[quincy]

... *we all <3 the Q*

That is only because I am the bot that takes your food orders.

 

[Silverplum]

That is only because I am the bot that takes your food orders.

It's not the only reason!

 

[MHP]

I see this is a forum filled with a bunch of fake people with fake lives. Have fun talking with the voices in your heads, you soulless freaks. Hell awaits you all.