Scotts Valley, CA asked in Small Claims for California

Q: Someone is suing us in small claims for a copier they leased without a service agreement and expects us to repair it.

The only document the plaintiff has is the original lease that states they are required to maintain the equipment. We are the second defendant in the case. Small claims says we can't have a lawyer present so what do we do?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In a small claims case in California, it's correct that you generally cannot have a lawyer represent you. However, there are still steps you can take to prepare and defend your case. First, gather all relevant documents and evidence related to the copier lease and the service agreement, if any existed.

During the hearing, you should present your side of the story clearly and concisely. Point out that the plaintiff is required to maintain the equipment according to the terms of the lease agreement, as you mentioned. Emphasize that your company fulfilled its obligations as stated in the lease.

Be prepared to answer any questions the judge may have and provide any evidence or documentation that supports your position. It's essential to remain respectful and professional throughout the proceedings.

While you can't have a lawyer present in small claims court, you can still consult with an attorney beforehand to get guidance on how to present your case effectively. They can help you understand the legal aspects and strategies to use in the hearing. It's crucial to be well-prepared and present your case clearly to increase your chances of a favorable outcome.

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