I am a contractor and i feel like i got cheated at small claims court. The lady, a former customer, sued me for 1276 and won. The issue is that she works at the small claims office and i feel this influenced the judge's actions. He didnt pay attention to the contract, cut me off when i spoke, and awarded more money than was due. What can i do? I know i can appeal within 10 days, can i get it moved to another court? Would an attorney take such a small case? Any help would be appreciated!!!
2007-07-31 04:37:00 · 5 answers · asked by ralph 2 in Politics & Government ➔ Law & Ethics
Don't know what state you are in. If you can appeal and take it to arbitration you might have a better chance.
2007-07-31 04:42:28 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I use to work in the Court House in the small claims division in los angeles, so my knowledge might help.
If you lost in a small claims as a defendant you could file an appeal. When your case goes to the appeals court, you will not be in front of the same judge, hence you will see another judge. Usually the small claims councel is a pro-tem or an attorney that is certified from the state to work in small claims.
With this said, you will be able to see a true Judge from the court.
Now that you go to the appeals court, you can get an attorney to represent you. Yes their is attorneys that will represent you in the small claims court. Usually they will ask you a little about your case and with that information they will make a decision in representing you at court. Note that If they represent you is because they know that you have a chance to win and they will get some money out of it. If they don't want to help then you know that it might be difficult for you to win and they dont want to take that chance.
Still if you think that the pro-tem attorney did not hear your case and you have that feeling that their was no justice on the verdict, then you should go to the appeals court.
I dont know the price to file for and appeal (usually around 100 dollars) but if you think you qualify for a fee waver then you should go ahead. If you need more information on how to extend you appeal date or if their is anything else I can help email me. :)
2007-07-31 09:37:27 · answer #2 · answered by peterpanseven 2 · 0⤊ 0⤋
I would appeal this case. It most likely will be in front of an arbitration panel. This panel is make up of 3 attorneys. If you loose again, you have a 3rd appeal in the court house. Good Luck.
2007-07-31 04:41:28 · answer #3 · answered by M v 4 · 1⤊ 0⤋
You can appeal it, in which case the issue will be reheard at the trial court level (different judge).
An attorney might take the case if it goes to the trial court, but you'd have to pay for his time.
2007-07-31 04:46:00 · answer #4 · answered by coragryph 7 · 1⤊ 0⤋
There are usually no lawyers in US small claims court.
2007-07-31 04:42:08 · answer #5 · answered by Eisbär 7 · 1⤊ 0⤋