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MichaelDuignanFirstPaper 9 - 12 Apr 2010 - Main.EbenMoglen
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< < | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | > > | | | A Guide To Small Claims Court | | My legal victory was largely the result of imbalances in linguistic ability and cultural familiarity between parties, tilted in my favor. I think my pro se experience underscores an important purpose lawyers serve -- to level one corner of the playing field so clients have a fighting chance before they enter the courtroom (or better yet, so they don't have to enter the courtroom). If either of us had contacted one, maybe we could have saved ourselves both time and trouble. | |
> > | I'm surprised at your
conclusion. You appear to have sued on your debt to judgment, levied
execution and collected the whole sum in about the shortest time
possible, with little friction of any kind and no overhead. How you
could have saved either time or money by consulting and paying
counsel I do not see at all.
Nor do I see why you feel that you were too hard on the defendant.
She had plenty of opportunity to do right by you before you sued.
Tenant security deposits are special objections of legal solicitude,
and they nonetheless are a disproportionate contributor to the
societal dispute level. Your concern for her relationship to her
bank is misplaced. In the first place, unless she is a much larger
small business than you let on, her chances of actually having a
"lender" rather than just a place where she keeps a bank account are
small. Below $2 million/year in gross sales, even small business
credit cards, let alone small business lines of credit, are simply
not available. Liens are an administrative annoyance for banks,
which is why they tend to over-respond and force the account-holder
to straighten it out by freezing the account. But you won't have
caused them to call her loans. Yes, the language barrier had
something to do with why she defaulted, in all probability, but she
does business in the city on limited English, and she could have
managed in court, too.
I think the most promising line of revision is to look more deeply
into your own ambivalence about your actions. Intuition tells me
that's where something interesting is to be found. | | | |
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