I'm getting sued in Small Claims court

[blattino69]

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

I recently had a personal trainer who is now suing me for $1017.00 for services rendered. I never signed a contract and I haven't missed any payments that I can recall, and if I did it surely did not equal $1017.00. I have also requested on several occasions to see proof of his personal trainers certificate which was a huge part of his advertisement and he always has an excuse not to show me. Can I file a counterclaim for fraudulent misrepresentation for not having a certificate per his advertisement, and try to recover what I paid him? Which party has the burden of proof? I paid mostly cash and I have no receipts.

 

[dlw99]

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

I paid mostly cash and I have no receipts.

How do you plan to prove you ever paid him anything in your counterclaim?

 

[HomeGuru]

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

I recently had a personal trainer who is now suing me for $1017.00 for services rendered. I never signed a contract and I haven't missed any payments that I can recall, and if I did it surely did not equal $1017.00. I have also requested on several occasions to see proof of his personal trainers certificate which was a huge part of his advertisement and he always has an excuse not to show me. Can I file a counterclaim for fraudulent misrepresentation for not having a certificate per his advertisement, and try to recover what I paid him? Which party has the burden of proof? I paid mostly cash and I have no receipts.

**A: of course you can file a counterclaim. The burden of proof is on you to provide evidence of payments.