What is the average life of drywall behind tile in shower?

[Andy Asberry]

Around here it is called discovery. The opposing party must provide you with evidence they will present in court so that you may have time to prepare a rebuttal. They don't have to provide copies of things you should already have, such a sales contract.

You can subpoena evidence from them. The first thing I would want is a copy of their home inspector's report to them. If he found nothing wrong with the shower, he will pretty much have to say so in court to protect his reputation.

--Andy Asberry recommends NewsGuy--

[J. Clarke]

Actually it is here too. GOTTA quit posting before coffee.

[Oren]

If in a juice trial, civil discovery is absolutely important. In this case I think it is a matter of KISS.

If it isn't documented it didn't happen. Subpoena, cost, court time, etc., in a winnable case? Not me.

Oren

[Edwin Pawlowski]

Demeanor is very important. I go to court a few times a year for comp claims and such. Speak in a solid manner stating facts. Do not get emotional, get loud, use swear words, etc. That is for the other person to make a food of themselves.

Have a list of solid facts to present your case. Date of sale, inspection notes, no problems in the past, no evidence the situation existed, probable it was caused by the new owner, can't disclose something that did not exist and you have no knowledge of.

[Oren]

Yes, maintain good eye-ball contact with the Judge...listen and be attentive when the Judge speaks.

With a big grin on my face; I would say, "Your Honor: the owner neglected her property over X period of time, supposedly causing X damage that I have never seen, nor was it there when I sold her the home. Can you help her understand that?"

Oren

[Andy Asberry]

Perhaps it is just personality, but I will spend whatever is necessary to collect what is owed me.

By the same token, I will spend whatever is necessary to make it right when I'm in the wrong. That hard rule has served me well in over 40 years in business.

In court, that means being prepared to defend or attack. I will not lose because I left a slip of paper at home.

--Andy Asberry recommends NewsGuy--

[J. Clarke]

So you'll spend a billion dollars to collect a penny?

[Andy Asberry]

I doubt it would take anything near that.

Let's say you had signed a promissory note for a pennys worth of education. How much aggravation would you endure before settling up?

I once filed a small claim case for a $25.00 bad check. Won my judgement for the $25 and my $28 court costs. Filed the judgement and kept it renewed. Twenty-one years later the guy was trying to buy a house and came in wanting to settle the judgement. Over $400.

--Andy Asberry recommends NewsGuy--

[Edwin Pawlowski]

Ha, I love it!

[mm]

But they are in small claims court. A lawyer could give some advice. A frienr had a lawyer when he sued someone, in advance and at the trial too, although I don't think the lawyer was much value that day. The respondent had already decided to cave. In some states you can only sue for money, but in Texas and maybe other states, you can sue for things, even in small claims court. His ex-wife had stolen a pre-wwii antique he inherited from his mother. Probably worth 2000 dollars. But he didn't want the money. he wanted the item, and she brought it, and there was no trial.

I think you can subpoena things and subpoena witnesses, I think in at least some states, but I get the impression no one does. They just take what comes. If the employer brings the employee that screwed up that might be good for the plaintiff, but the plaintiff never thinks to subpoena. Actually I sued someone who hit my car, and I don't recall what it said on the form about subpoenas, but it was another state anyhow.