Company wants to move this to a higher couirt!

[Mshugge]

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

We have sent a summons to two businesses jointly for a small claim civil suit in Colorado. We were falsely accused of tampering with a breathalyzer device, and my son temporarily lost his license, lost his job because of no license, and failed criminal charges. We were successfully able to defend the charges and won a Motor Vehicle Hearing, clearing the allegations of tampering.

Now we are going after the auto service shop and breathalyzer company for the false allegations of tampering, which resulted in significant financial costs to us. We are filing for the Colorado limit of $7500, although our losses were higher (over $15000).

The auto shop owner is angry that we are doing a small claims. He has called several times and says he refuses to go to small claims court and wants this raised to a higher court so that he can have his attorney.

We don't have more money for an attorney, which is why we are doing the small claims civil suit. Does this business have the right to go to a higher court and refuse the summons for small claims court in Colorado? I explained to him we already won in Motor Vehicle, and I have all of the evidence which says we didn't tamper. If he goes to higher court, he could be responsible for the higher amount of losses, plus our attorney fees. He says he doesn't care.

What are our rights and our next actions?

 

[LdiJ]

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

We have sent a summons to two businesses jointly for a small claim civil suit in Colorado. We were falsely accused of tampering with a breathalyzer device, and my son temporarily lost his license, lost his job because of no license, and failed criminal charges. We were successfully able to defend the charges and won a Motor Vehicle Hearing, clearing the allegations of tampering.

Now we are going after the auto service shop and breathalyzer company for the false allegations of tampering, which resulted in significant financial costs to us. We are filing for the Colorado limit of $7500, although our losses were higher (over $15000).

The auto shop owner is angry that we are doing a small claims. He has called several times and says he refuses to go to small claims court and wants this raised to a higher court so that he can have his attorney.

We don't have more money for an attorney, which is why we are doing the small claims civil suit. Does this business have the right to go to a higher court and refuse the summons for small claims court in Colorado? I explained to him we already won in Motor Vehicle, and I have all of the evidence which says we didn't tamper. If he goes to higher court, he could be responsible for the higher amount of losses, plus our attorney fees. He says he doesn't care.

What are our rights and our next actions?

He cannot refuse to go to small claims court. That is not an option for him. He can try to get the case moved to a higher court, but he cannot just arbitrarily refuse to go to small claims court. If he actually does that, he would lose by default.

 

[Zigner]

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

We have sent a summons to two businesses jointly for a small claim civil suit in Colorado. We were falsely accused of tampering with a breathalyzer device, and my son temporarily lost his license, lost his job because of no license, and failed criminal charges. We were successfully able to defend the charges and won a Motor Vehicle Hearing, clearing the allegations of tampering.

Now we are going after the auto service shop and breathalyzer company for the false allegations of tampering, which resulted in significant financial costs to us. We are filing for the Colorado limit of $7500, although our losses were higher (over $15000).

The auto shop owner is angry that we are doing a small claims. He has called several times and says he refuses to go to small claims court and wants this raised to a higher court so that he can have his attorney.

We don't have more money for an attorney, which is why we are doing the small claims civil suit. Does this business have the right to go to a higher court and refuse the summons for small claims court in Colorado? I explained to him we already won in Motor Vehicle, and I have all of the evidence which says we didn't tamper. If he goes to higher court, he could be responsible for the higher amount of losses, plus our attorney fees. He says he doesn't care.

What are our rights and our next actions?

As an attorney yourself, you should know the answer to all of these things. Oh, you're not an attorney? I would recommend that you cease the unlawful practice of law.

 

[Mshugge]

As an attorney yourself, you should know the answer to all of these things. Oh, you're not an attorney? I would recommend that you cease the unlawful practice of law.

What are you talking about? I asked a question about the small claims process and you accuse me of being "an attorney yourself"? Are only people that can pass the bar attorneys .. and everyone can't do research on the internet to figure out reasonable answers to their question? I'm not an attorney .. but I am a damn good investigator and that's what I'm doing. Trying to investigate where we go from here. The business we are suing will lose either way .. we already won our case in the DMV and now we need to get reimbursed for our losses

 

[LdiJ]

What are you talking about? I asked a question about the small claims process and you accuse me of being "an attorney yourself"? Are only people that can pass the bar attorneys .. and everyone can't do research on the internet to figure out reasonable answers to their question? I'm not an attorney .. but I am a damn good investigator and that's what I'm doing. Trying to investigate where we go from here. The business we are suing will lose either way .. we already won our case in the DMV and now we need to get reimbursed for our losses

I think that what Zig is saying...in his own vague and inscrutable way that most newbies do not get...is that this appears to be your son's case, not yours. If its not specifically your case, then your actions are seriously bordering on practicing law without a license. If you are going to be one of the plaintiff's because you were also damaged by this situation, then that would be another story.

 

[Zigner]

I think that what Zig is saying...in his own vague and inscrutable way that most newbies do not get...is that this appears to be your son's case, not yours. If its not specifically your case, then your actions are seriously bordering on practicing law without a license. If you are going to be one of the plaintiff's because you were also damaged by this situation, then that would be another story.

Isn't that what I said?

 

[Zigner]

What are you talking about? I asked a question about the small claims process and you accuse me of being "an attorney yourself"? Are only people that can pass the bar attorneys .. and everyone can't do research on the internet to figure out reasonable answers to their question? I'm not an attorney .. but I am a damn good investigator and that's what I'm doing. Trying to investigate where we go from here. The business we are suing will lose either way .. we already won our case in the DMV and now we need to get reimbursed for our losses

I don't know why you think that your son has such a good case. Simply prevailing at the DMV doesn't mean that the company did anything improper. They simply reported the results from the machine.

 

[Mshugge]

I think that what Zig is saying...in his own vague and inscrutable way that most newbies do not get...is that this appears to be your son's case, not yours. If its not specifically your case, then your actions are seriously bordering on practicing law without a license. If you are going to be one of the plaintiff's because you were also damaged by this situation, then that would be another story.

Clarification - this is a joint small claims action by my son and myself. We are both parties to this claim. The tampering was originally alleged to be to my son, and I paid for all expenses. Then the company did a web posting (BBB reply and a blog) that said that I had tampered with the device. So my son and I are both on the small claims filing.

The business is now angry that they received a summons and said that they won't go to small claims court and want to have their lawyer do a filing in a higher court. Maybe it's too early (case is still 2 months away) but I am trying to prepare now.

What are our rights and our next actions?

 

[Zigner]

Are only people that can pass the bar attorneys...

Yeah, that pretty much sums it up. Well, in order to be a legally practicing attorney in most cases. As was pointed out (by me and by LdiJ), your actions seem to constitute the crime of Unlawful Practice of Law (investigate it, that's what you're good at.)

 

[Zigner]

I don't believe that you have standing in this matter. But, the court will decide that.

Please be aware that the defendants DO have the right to be represented by an attorney upon proper notice to you. If they decide to seek such representation, then you will also be afforded the opportunity to retain counsel.

 

[Mshugge]

Yeah, that pretty much sums it up. Well, in order to be a legally practicing attorney in most cases. As was pointed out (by me and by LdiJ), your actions seem to constitute the crime of Unlawful Practice of Law (investigate it, that's what you're good at.)

Nope, not doing Unlawful Practice of Law. I am a party in the lawsuit, not provide legal advice for money

 

[Zigner]

Nope, not doing Unlawful Practice of Law. I am a party in the lawsuit, not provide legal advice for money

You haven't investigated the meaning of Unlawful Practice of Law, have you? You don't have to receive money. Furthermore, you WEREN'T a party to the DMV proceedings...

 

[tranquility]

Colorado allows for removal to a higher court if the defendant's counter-claim exceeds the small claims limit. There is even a form for it. ( https://www.courts.state.co.us/Forms/PDF/jdf251.pdf ) Does the defendant have anything resembling a claim under the same facts or occurrence that might give rise to more than $7,500 in damages?

 

[Mshugge]

Colorado allows for removal to a higher court if the defendant's counter-claim exceeds the small claims limit. There is even a form for it. ( https://www.courts.state.co.us/Forms/PDF/jdf251.pdf ) Does the defendant have anything resembling a claim under the same facts or occurrence that might give rise to more than $7,500 in damages?

The defendants have no damages.

 

[Zigner]

The defendants have no damages.

Nor do you personally.