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Recent content by mahstmacat

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

  1. M

    File duces tecum for *only* records, not live witness?

    Oh, I'm sorry -- should I do that and delete this one?
  2. M

    File duces tecum for *only* records, not live witness?

    What is the name of your state? Oregon I've filed the claim in Multnomah County for the misrepresentation of an item I purchased and I'm trying to find out how to subpoena the records of the furniture company that supposedly sold (but didn't - they never sell cheap knockoffs) the chair to the...
  3. M

    continuing the DWR womb chair--for some reason the thread closed

    Well I was thinking that if I subpoena them, they wouldn't be able to claim I was asking for confidential information--it might make it harder for them to refuse to testify.
  4. M

    continuing the DWR womb chair--for some reason the thread closed

    Hello again, someone else kind of hijacked the thread and then I see it's now closed for further questions...so I'm starting a continuation thread because I have a question: if DWR won't talk about a person's purchase or not because it's privileged, wouldn't they be able to tell me if they've...
  5. M

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

    Thank you both, adjusterjack and PAPP. I will try to find an authenticator who would be willing to testify, so that s/he could be cross-examined, rather than just offer a letter, which as adjusterjack describes, is less optimal. (adjusterjack, what do you mean by 'with no foundation'? Is that...
  6. M

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

    So I have hit a roadblock and have a question. Is it possible to subpoena information from DWR? The manager there said that she can't do anything officially, i.e. confirm/deny the authenticity of the chair or state whether the seller ever bought such a chair from DWR, because corporate tells...
  7. M

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

    Yes, thanks, quincy - from what we're reading, what he did specifically qualifies as misrepresentation. It's not a matter of degree or condition, it's a matter of hat it is or isn't. An analogy that comes to mind is if someone buys a cubic zirconia advertised as a diamond and then later learns...
  8. M

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

    Thanks, adjusterjack. We were planning to file as two plaintiffs, my husband and I. Otherwise I'd say I...should I just file as myself? We were thinking we should do it together because he was there too... Well, we have photos of real womb chairs and photos of this one...the style of foot...
  9. M

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

    Oh, one thing though -- I asked him for the receipt and he said, NOT that he didn't buy it there after all (I was trying to give him an out), but rather that "I don't have it anymore." So he doesn't claim he has the receipt, just ftr.
  10. M

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

    thank you, shadowbunny! Once again, didn't realize the ramifications -- so don't want to veer into the 'unauthorized practice of law'. And I hear you re word-nerdism -- editing other people's work is so much easier and more fun than generating one's own :) Really appreciate your advice :)
  11. M

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

    Hi again Quincy and y'all, We're preparing to file the Small Claims suit and I'd like to run the claim statement by you...does it give away too much? Am I too repetitive? Does it say enough? Is it irritating in any way to the court officials? This style of writing and this audience are...
  12. M

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

    Thanks, Quincy. I'm so glad I saved the messages and the ad. And your help has been invaluable.
  13. M

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

    Oops, didn't see your reply before I wrote my long one! Thanks.
  14. M

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

    Yes, for sure. The facts do speak for themselves. On a related topic: the relevant statutes seem to be re breach of contract, not fraud - fraud seems to refer back to the breach of contract statutes. Is that usual? Here's one part...does this relate? 72.7110 Buyer’s remedies in general...

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