What will be the likely outcome of a trial de novo?

Question

I won a dispute out of small claims court about a month ago,for posesssion of a vehicle, and money that I paid to a mechanic to fix my car...anyhow the ruling disposition asked that the defendant would pay me 1200.00 plus he was ordered by the court to deliver my car, (in which he never did) on 8/15, so he goes and put my car up for lien sale because I owe him storage costs from the 8/15, so I try and go and talk to the defandant to try and pay the storage costs, and he tellls me that he's going to sell the car, and tells me that he will not accept my money for the storage costs, so I go over there with the police, they tell him to give me my car otherwise he would be in violation of a court order, however he has 10 cars which are all salvaged cars blocking my car, and tells me he can't move them, so the police advise me that they cannot make him move his cars and tell me to go back to court, so now I have a notice to go back to court on appeal of the original judgement

I'm alittle nervous because he's saying I owe him for storage costs from 9/2005, however the car wasn;t actually signed over to me until 6/2007 plus I do have title to the car, showing that he signed the car over to me on the pink slip that he sold the car to me for 750.00 but now he's came up with some phoney receipt that the car was 3500.00 and that I should have paid that as well so I owe him that what will the judge go by in a trial de novo?

Answer 1

The main reason for granting a trial de novo (new trial) is the granting judge has reason to believe that the new trial will end in a different result from the first one, so unless you won the first one on an airtight decision, he could well have new information that can help him win. You're screwed. Get a lawyer.

Answer 2

Unfortunately, it means that you have to basicly start all over again and go to a new trial. I would strongly suggest getting a dam* good trial attorney so you can beat this thing. The Defendant is just trying to take you for whatever he can get you for and I literally hate people like this. It makes no dam* since and I just can't believe the losers out here in the world. Good luck on your case, but yes it means you have to get a new trial now. Whatever you do since you were the originally complaintant and/or the Plaintiff DO NOT MISS YOUR COURT DATE. UNFORTUNATELY YOU LOSE ALL IF YOU DO!!!

Much love peace and happiness!

Answer 3

No way to tell -- that's the whole point.

A trial de novo means "a new trial" -- all over again.

That is used when the old trial is not deemed fair or proper -- and the only remedy is starting over from scratch.