• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Seller claimed Womb Chair was a particular brand and it wasn't; it's a knockoff; small claims court?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

adjusterjack

Senior Member
I only know professional authenticators of fashion items and I know they issue a formal authenticity or inauthenticity letter for an item. It costs around $100. I'm guessing furniture dealing people do the same thing.

I don't know if a letter is good enough for the courts,
It's not. The OP would still have to have the writer in court to testify as an expert witness. Expert witnesses charge a lot more than $100 to testify in court and the fee might not be recoverable.

adjusterjack, what do you mean by 'with no foundation'? Is that a specific legal term?
Yes, it is.

Read any of the explanations in the following search results:

https://duckduckgo.com/?q=laying+foundation+for+documents+in+court&t=ffhp&ia=web
Yours is a Catch 22 situation. Without your expert witness, the documents are likely to be inadmissible. With an expert witness, the documents wouldn't be likely be necessary.

Which brings up the subject of qualifying an expert witness to testify in court. In regular court it's a comprehensive process. In small claims court, probably not so much.

More resources for you to read:

https://duckduckgo.com/?q=qualifying+an+expert+in+court&t=ffhp&ia=web
 


PAPP

Active Member
It's not. The OP would still have to have the writer in court to testify as an expert witness. Expert witnesses charge a lot more than $100 to testify in court and the fee might not be recoverable.



Yes, it is.

Read any of the explanations in the following search results:

https://duckduckgo.com/?q=laying+foundation+for+documents+in+court&t=ffhp&ia=web
Yours is a Catch 22 situation. Without your expert witness, the documents are likely to be inadmissible. With an expert witness, the documents wouldn't be likely be necessary.

Which brings up the subject of qualifying an expert witness to testify in court. In regular court it's a comprehensive process. In small claims court, probably not so much.

More resources for you to read:

https://duckduckgo.com/?q=qualifying+an+expert+in+court&t=ffhp&ia=web
I would like to apologize to the OP, I'm hijacking the thread. I would like to ask a question about a letter.

I'm a TV judge show fan and I sometimes see letters from auto mechanics and other specialists are good enough in the shows. Is it just the TV thing? Sorry for a silly question.
 

quincy

Senior Member
I would like to apologize to the OP, I'm hijacking the thread. I would like to ask a question about a letter.

I'm a TV judge show fan and I sometimes see letters from auto mechanics and other specialists are good enough in the shows. Is it just the TV thing? Sorry for a silly question.
That is a TV thing.

And, in small claims courts, the rules of evidence still exist but the pro se litigants often don't know enough about the law to challenge authenticity.
 

adjusterjack

Senior Member
Is it just the TV thing?
Yes.

And the people on Survivor aren't really on an island deprived of civilization. The catering truck is right behind the cameras and the resort hotel is not much further away. Reality TV is nowhere even close to reality.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top