Article View: oh.general
Article #504Re: How to sue for small amounts?
From: Martin Cordero
Date: Sat, 27 Apr 1996 00:00
Date: Sat, 27 Apr 1996 00:00
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Chris Wilds (cwilds@freenet.columbus.oh.us) wrote:
: Note also, it's very hard to prove a small claims case. You could be out
: four work days from massive continuances from a non-judge (What do
: they call them now, moderators?) demanding more proofs.
I disagree. It may be hard to prove in the initial poster's case
(put money in envelope at bank depository, nothing was recorded)
but I don't think that's a fair general statement. In small claims
the standard is preponderance of the evidence.
Facts that could help the initial poster could be evidence that
1. In the months preceding the loss, he regularly deposited $100
cash in the depository and never had a problem.
or
2. The $100 came from a paid off loan/sale of goods. Present the
testimony of the person who paid the loan/bought the goods.
or
3. Any other set of facts that tends to show the deposit.
[ As an aside let me say that depositing cash is not a good idea.
In fact many bank depositories specifically state "No Cash Items"
in order to aviod the situation here. ]
BTW, small claims cases are heard by Referees. You may be thinking
of mediators, they are not court personnel, rather a third party
who try to bring the parties to the negotiating table.
--
Martin Cordero
BSCIS ('92 Ohio State), JD ('95 Chicago-Kent)
mcordero@freenet.columbus.oh.us
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 106a7c,75aab11d5ce90640 X-Google-Attributes: gid106a7c,public X-Google-Thread: f95f9,75aab11d5ce90640 X-Google-Attributes: gidf95f9,public From: mcordero@freenet.columbus.oh.us (Martin Cordero) Subject: Re: How to sue for small amounts? Date: 1996/04/27 Message-ID: <4ltsm7$bln@acme.freenet.columbus.oh.us> X-Deja-AN: 151768506 references: <4khd9l$8ij@athena.your.net> <4lbrd3$3vs@acme.freenet.columbus.oh.us> <4lbtsh$c10@acme.freenet.columbus.oh.us> <4ltq48$1nq@acme.freenet.columbus.oh.us> organization: The Greater Columbus FreeNet newsgroups: oh.general,cmh.general