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i recently lost my case and judgement was made against me. my fault was that i didn't serve the main documents to the court nor to the other party.. because of misunderstanding.. i thought i only had to take to the court.. so judge didn't listen to me nor looked at my proofs which i supposed to serve before hand?

2007-06-30 15:17:28 · 6 answers · asked by destiny female 1 in Politics & Government Law & Ethics

i lost a case even though i had all the proofs i actually misunderstood and didn't file the proofs documents to court. but i did send to the other party's lawyer a list of witness from my side. so the other party's lawyer denied of receiving it. the proofs documents which i was supposed to serve to the court and the other party i thought i have to bring that to the court and not to mail anybody. so even though i had in the court but judge didn't look at them and when he asked to the other party's lawyer that u want these paper's to look at them now then he said sorry sir i dont have time, i need time for reading.. i think its unfair i should've got one chance cuz ppl make mistakes and im not a professional. the amount is over $3300 and i can t pay that much.. i dont have any choice?

2007-06-30 15:38:49 · update #1

i didnt ignore u could say, but i didn't know and no one was ready to give me any advice on it without fees. .i m not in situation to pay the lawyer's fee. besides if its small claims court then a person who is not a professional should get atleast one chance. i know it doesn't happen but the system is wrong.

2007-06-30 20:11:43 · update #2

anybody think its a good idea to go to my area's m.p or secretary of parliament. so that may b they can sign something for me and i could take to the court..

2007-07-01 10:11:36 · update #3

6 answers

From my experience, they will probably tell you that your ignorance in the matter is not a viable excuse. Sorry to hear about your misfortune!

2007-06-30 15:26:48 · answer #1 · answered by Anonymous · 0 0

This is a classic example of why a person shouldn't handle a matter pro-se. The court system isn't allowed to have one set of rules for pro-se litigants and another for those represented by counsel. In this cause, your ignorance of the rules of procedure is no excuse.

If you lost the case due to your failure to follow the correct procedure, you *may* have some recourse, but since you also didn't indicate what state you're in, no one here can give you any suggestions on that.

I suggest that if you want to explore your options, you consult an attorney licensed to practice in your state. For a referral, contact your local or state bar association.

2007-06-30 19:54:18 · answer #2 · answered by Phil R 5 · 0 0

NO

Looks like you are playing lawyer, which is ok if you understand that you are generally held to the same standards of following proper legal procedure as lawyers are. The court did not cut you any slack for messing up and not following proper legal procedure, and you are SOL. You would first have to go through the state appeals courts, end even then the Supreme Court can reject any case it does not want to hear.

2007-06-30 15:30:51 · answer #3 · answered by Ronin 2 · 1 0

No. Sounds like your case is dead. You can only go to the supreme court (state or federal) under very specific conditions that are spelled out in the rules of the court. Failing to submit documents in a timely manner would I'm sure disqualify you from appearing before them. It would be no excuse that you were trying to handle your own case, and "misunderstood."

2007-06-30 15:29:06 · answer #4 · answered by Anonymous · 0 0

I would think that you could appeal it. The supreme court is about ten steps up the list from where you are now.

Based on your grammer and tone of your post, I would recommend that you have an attorney handle this if you have any hope of getting the verdict dismissed.

2007-06-30 16:42:16 · answer #5 · answered by Anonymous · 0 1

No, you can't appeal this one. You gave up your right to appeal by not following proper procedure. This is what attorneys are for. Go hire one.

2007-06-30 16:11:42 · answer #6 · answered by cyanne2ak 7 · 0 0

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