Small Claims Discovery help needed

[onefrostykat]

Alabama

I contracted with a professional fabricator to do work on my classic vehicle. I asked him his shop rate initially and he was evasive, saying he billed by the project and couldn't give me a cost until he got into the job a bit.

This went on for 7 months until I finally just picked up the car. He hit me with a ridiculous invoice for $3,333.00 even though I had already paid him over $4400.00. I wrote a check planning to sue him for the money.

Towing the car home the all new rear end ($2000.00) locked up causing $2100.00 in damages. It was because he had put no fluids in the rear end...which he admitted at the time and now denies. At the time he said he'd fix it...now denies making such a statement.

Then, over the next few days I discovered just how bad/unsafe his workmanship was. Qualified expert witnesse will attest to this in court. The repairs cost me $2500.00.

Feeling that all this amounted to Just Cause, I placed a stop on my $3,333.00 check.

I have a damage claim for $4,600.00 but I am suing him for $3,000. as that is the amount most I can get back in small claims.

Here's my question. He hired an attorney and is trying to intimidate me with a flood of legal paperwork. He filed a counter-claim accusing me of Breach of Contract, Fraud and Libel (I posted a warning on an internet automotive site). His attorney has just sent me a 10 page Motion to Allow Discovery and Requests for Production. They basically want me to provide all the materials to make their case and tell them what every one of my expert witnesses will say.
Shouldn't THEY be the ones stating the grounds on which they made these accusations...and shouldn't this be a simple process not requiring me to know law.

I thought that's what Small Claims was supposed to do.

I need some guidance. Thanks for any help.What is the name of your state?

 

[tranquility]

While I don't know much about Alabama, one of the features of small claims is the reduced discovery. I'm not sure what you are asking, but it seems like there are many problems. (Discovery, lawyer involved, amount in controversy etc.) You do need to know the law, but the process is usually more informal.

The bottom line is that you need to describe *exacty* what is happening right now. Your description does not comport with what I would suspect is the usual way things are done.

 

[dcatz]

Oringinally Posted By tranquility
While I don't know much about Alabama, one of the features of small claims is the reduced discovery. I'm not sure what you are asking, but it seems like there are many problems. (Discovery, lawyer involved, amount in controversy etc.) You do need to know the law, but the process is usually more informal.

The bottom line is that you need to describe *exacty* what is happening right now. Your description does not comport with what I would suspect is the usual way things are done.

I agree, but what’s transpiring seems to come closer than we might expect. There also appears to be an online conspiracy to make the AL Rules of Court inaccessible. AL Code, such as it is, can be found here:
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
but Title 12, Sect. 31, 70 and 71 seem to be the only parts that relate to Small Claims.

Attorneys are allowed and the form the attorney is using is consistent with that in higher courts. I couldn’t find anything that says discovery is or isn’t permitted in Small Claims. That might be covered in the Rules of Court, if one could find them. For the moment, I’d guess that they are entitled to propound requests.

OP – is the counter-claim for an amount exceeding the $3,000 jurisdictional limit of Small Claims? If yes, has a motion been made to transfer the matter to higher court?

Tranquility is right: you do need to learn the law or get your own attorney, even if the matter stays in Small Claims. Right now, you’re getting “out-lawyered”. That’s not good, and it’s not the Court’s responsibility to help you.

 

[onefrostykat]

Thanks Tranquility and dcatz

I know I am being out-lawyered and agree that's not a good thing.

Basically, due to repairing the damage he caused to my car and re-doing his poor workmanship ($4600 total) I am forced to represent myself.

I realize I am taking a knife to a gun fight here...but haven't the money to do otherwise.

I have taken his Motion to Allow Discovery and First Interrogatories and Requests for Production and re-written them...changing the Defendant/Plaintiff wording accordingly.

I have so much proof, and quite a few great witnesses, actual ruined parts, 100 photos of damage I am hopefull I will prevail.

Can I add in my costs of duplicating photos and all the hours this preparion is taking to my claim?

No, his attorney hasn't ask for a change out of Small Claims...and their claim is for $3333.00 (plus damages for supposedly tarnishing his reputation).

The statements I made were pretty calm, 100% truthful...and I started every sentence with "In my opinion..."

As to Breach of Contract...did't he do that the first time (and every subsequent time) he failed to answer my questions of where we stood financially or promised he would meet dealines that he didn't make?

I appreciate your help greatly.

 

[dcatz]

Q. Can I add in my costs of duplicationg photos and all the hours this preparion is taking to my claim?

A. No. "Costs" are generally to be comprised of filing and service expenses. Copying, time off from work etc. etc. are not included. However, you're doing the right thing to prepare your case, if that's any consolation. I recently posted here about preparing your evidence for effective presentation. If you have "100s" of photos, plus witness testimony, try to distill it down to the essentials that most clearly and succintly tell the story. A marked and numbered binder and one for the court to follow along can help, but this may be getting prohibitively expensive.

Again, if it's consolation, they have to be going through the same thing. With a jurisdictional limit of $3,000, costs are soon going to kill these cases.

Since we couldn't help you on discovery, in addition to your local law library, you might consider calling the local Bar Association to see if you could get a pro bono (free) consultation with an attorney. Maybe your closest law school does something similar.

 

[onefrostykat]

Thanks dcatz

I figured my costs would not be recoverable...just thought I'd ask. I am quite amazed at the complexity level at which they are escalating this simple matter.

It won't help in court that the Defendant never responded to two attempts by the BBB to mediate the matter per my requests.

I am sure that asking the Defendant to provide corporate records will put a scare into him as he probably doesn't follow tax requirements by the book. I know he pays employees in cash.

Thank you very much for your valuable assistance and replys.

Tom

 

[dcatz]

You're welcome, but one last point (?).

If you asked for production of corporate records, and they're not relevant to the issues in dispute, the attorney will probably object successfully. If you mimicked their discovery and something similar was asked of you (as a "make-work" exercise), you could object as well. The same thing is true for the BBB mediation - not likely to get in.

Despite how inflated they've made this, it really is in your best interest to get some hands-on guidance, if you can.

 

[onefrostykat]

dcatz

The Defendant can't prove any Fraud as he can't prove that I ever intended to not pay him. I only stopped payment on the $3,333.00 check AFTER my car was damaged by his negligence and I was made aware of multiple problems with regard to his workmanship.
This was 4 days AFTER I wrote the check, and the idea of a friend. I was just going to sue to recover my money.

As to libel...my statements were simply my opinions and Defendant never went on the web site to state his objections...nor did he ever rquest that I retract the statements.

Also, I went on the website and placed a retraction on the existing thread; and on a new thread. Copies will be submitted to the court at time of trial. That should kill his libel contention.

Thanks again for your help.