the judge rule with defendant , i was not happy with the out come ,every thing the defendant said look like it went in my favor. but i loss ,so i paid to get transcript and found that a lot of information was taking out.and in the transcript words like untelligible and phonic is used. how could a judge make a correct decision with out all the information?
2007-12-28 01:46:50 · 3 answers · asked by Michele M 1 in Politics & Government ➔ Law & Ethics
In my state, you can appeal a ruling in small claims court to a real judge in a real court that follows the rules and listens to the testimony. Also, you get a whole new trial, not just a review of what happened in small claims court. You do need to talk with an attorney to find out the process in your state. You do not necessarily need to hire an attorney, but get a consultation. Many attorneys give free consultations. In my state, if you call the state bar office they will hook you up with an attorney for a free consultation.
2007-12-28 04:31:25 · answer #1 · answered by David M 7 · 5⤊ 0⤋
No offense, but guessing by the broken English in your question, I'm guessing English is a second language for you. Were the words "unintelligible" and "phonic" used whem referring to your testimony? That would simply mean that the transcriber couldn't understand you when you spoke. It DOES NOT mean that the Judge didn't understand your case. In order win on appeal, you'd have to prove that the Judge also didn't understand you when you spoke and didn't make an effort to understand your case. But it would be most likely be very difficult to prove. And it is very likely you will lose the appeal and you'll have wasted more time and money.
It's rare to have a Small Claims decision over turned for something like that - or for anything for that matter.
In general, Small Claims decisions are very basic and it's just the matter of the Judge applying the law when two people disagree. It's not like a big criminal trial like you see on TV where there's all kinds of issues about evidence and admissibility and representation.
I'm sorry to be the one to tell you this, but if you lost your Case, your best bet is probably to just move on with your life.
Very few Small Claims cases are ever overturned on appeal.
2007-12-28 02:03:14 · answer #2 · answered by Z K 2 · 2⤊ 2⤋
First you need to find out if you CAN appeal. If you can, you would appeal in an APPEALS Court. Check with a lawyer, or check with the local courts system.
2007-12-28 01:55:30 · answer #3 · answered by Marvinator 7 · 3⤊ 1⤋