Why did the judge do that? Was there any other sort of evidence?

Why documented the rental charge? Was it backed up by bank statements or some sort of money trail?

He has let his personal feelings overshadow his Judgment. I had documented rental income sheets for 3 yrs. Where I had traded some work out with this person in exchange for reducing the rental rate for 1 yr. I wasn't that concerned about the money because she did some work to the building. They installed carpet, framed up offices, etc. but... at her own expense because that was what she wanted. This wasn't brought up in the court case, but anyway
Her husband did some work to an adjacent building, he replaced wood on 2 spots in an old General store, he added a couple 220 outlets, and built a back deck on the back. I paid for materials. She said it would be $2500 and later when he was through she said for me not to worry about the $2500 she would take care of it and not charge me because up to this point I hadn't collected ANY rent from them. She helped me on 3 occasions with plumbing work at no discussed price. There are several buildings that are connected via the sewer, and the line became backed up and affected her unit, and she told me about it. The contract Clearly states that ALL Plumbing stoppages are the tenants responsibility. I brought this up, pointed it out to her and the judge. She went and got some guy and Supposedly he charged her $1700. NEVER saw a bill, wasn't brought to court. She had also taken a Very Large mirror that I let them USE.

I never received any money except for the initial $1100, first and last months rent, and when it was all said and done she left owing $9975 in rent and another $716 in water charges. I presented this and the defendant didn't object to it & was presented as evidence along with the water bills!

The only thing I did wrong, was wait almost 2 yrs. To try to get my money. I honestly didn't know that I had a recourse to get my money, I had heard so many people say you can't get blood out of a turnip that I didn't think I could get anything... until this same judge allowed a suit against me for $550 from a guy that had only filled out a rental application and had printed up Tshirts with the buildings address before I said he could have it. And, I didn't rent to him because 5 different people told me he was a drug dealer. This Woke me up to getting what was Rightfully Mine.

There was no money trail, just my documentation... against her word, and the judge left for about 3 min. and came back and said, " I rule in favor of the Defendant". And that is ALL he said.

It was UNBELIEVABLE!

What can you do when a judge takes a defendents word over documented rental charges? Hello r:

You can appeal it. The written judgment probably tells you how long you have.

excon

I realize I can appeal, but I need to address the JUDGE issue. How do I get his actions reviewed by a higher authority?

Hello again, r:

I don't think you quite understand... You don't just appeal... You appeal based on a legal theory. Your legal theory is the judge abused his discretion... You have to write legal arguments. It has to be filed on time, and in the right court.

excon

And if this is small claims court, often the judge rules on who he believes more than the other person. And also unless your documentation was signed contracts, and agreements signed by the other person, he may not have believed your argument.

And if this is small claims court, often the judge rules on who he believes more than the other person.Hello again,

The Padre knows...

The judge decides questions of fact & law. You CANNOT appeal questions of fact - only questions of law. In other words, if a judge believed certain testimony was true vs. what somebody else may have testified, (you, for example), that's a question of fact and cannot be appealed.

excon

So, are you telling me that if the judge Believes LIES... then they become FACT?? So, are you saying that I should have addressed EVERY LIE that she stated?
Because, the REAL FACTS are DOCUMENTS that I presented, and the defendant didn't dispute and I thought the judge was to make a decision based on FACTS, PROOF... not a LIARS testimony!

Can someone clear this up for me?

Can someone clear this up for me?Hello again, r:

No. We weren't in court. Look.. This is simple.. File for your appeal, and you'll win or you won't. If you lose, you can appeal that decision too.

excon

Know in Great lawyers here in SC that aren't afraid to take a matter like this and possibly go up against the system?

Know in Great lawyers here in SC that arent afraid to take a matter like this and possibly go up against the system?Hello again, r:

No, I don't... But, lawyers take on the system EVERY DAY. If you have the money, you can find a lawyer.

But, you're asking about a FREE lawyer, aren't you? That ain't going to happen.

excon

No, I can pay!

No, I can pay!Hello again, r:

Then get on the phone and start shopping.

excon

What specific type lawyer am I looking for? Just a real estate lawyer or what?

What specific type lawyer am I looking for? Just a real estate lawyer or what??Hello again, r:

Sure. Look in the real estate section. There's got to be hundreds of 'em, unless you live in Monks Corner - ain't nothing around there.

excon

I know why, because he wants to show me a thing or two. NO, the only evidence presented was what I brought.
I documented the rental charge because we were trading some work for rent, but only in a discounted fashion. And, the only reason I wasn't real concerned about the collecting on time was that she had added offices, carpet, other things to a vacant 1500 sf building, to suit "her needs as a tax preparer". Yes she paid the first and last months rental up front and then she prepaid me a $1000 the following Jan. for the next 6 months. She moved in on Sept. and then paid the 1000 in Jan. and it was like a false sense of security and I wasn't too worried about the rent and it just got out of hand.

But, no she was able to postpone the original court date because her witness was sick... and then on the new day of court she showed up w/ no witness and NO receipts or anything to back up her lies!

Now, I have started the appeal process and the issues seem to be... I can't file an appeal until I get a Judgment in writing from the case and since I am the Plaintiff I haven't received one. Yet, I have asked and PAID for a Transcript and what they gave me for $20 is in Verbal format, not a pdf. So, this is where I am at right now and I will handle this myself. Any advice?

First, you refer to documentation. But you don't describe the nature of this documentation. I can write a letter describing something that happened, but that's not proof. Its very possible the judge didn't find your documentation credible.

You really need to find an attorney who can examine your evidence, get the court decision and advise on whether an appeal is valid.

First off, I have 9 rental units in Aiken Co. SC and 4 here in Lexington Co. SC and though I did not enlighten this judge to that FACT I didn't feel I needed to!! I keep a monthly rental income record of the charge and the receipt and when it was all said and done she owed in excess of $11,000 and I reduced the amount to $7450 to keep it in small claims. She had done some work, with the agreement of $2500 in charges to be swapped for rent, that was done by her husband. When the work was done and because I had not been down her throat about collecting the rent money she told me not to worry about the $2500... that I wouldn't have to pay for that! There was no record, contract or witnesses to that conversation. I will take a polygraph test on that one. She had her husband and mexican come help with plumbing issues twice and she presented to the judge that she could conduct business there because I bothered her too much with work I needed done because I was unemployed for the 1st 6 months. Of her lease, just more excuses and lies.. she found another place that was cheaper... a friend of mines place, I intend to ask him what he is charging in rent to verify this FACT. She told me she left because she couldn't keep paying $650 a month when she only used the building 4-5 months. Out of the year.

He took my documentation a month to month record of charges... including a water bill that was in MY NAME that she was to pay her portion! And she had taken/STOLEN a 4x6 Antique Mirror and a custom sledge hammer, he left for @ 2min. And came back and said, I rule in favor of the defendant. And that was ALL, he said!

First, If you are running so many rental properties you should have an attorney on retainer.

Second, you have records of rental charges. Do you have any documentation that she agreed to pay those charges? Documentation has to prove your case. From what I'm hearing it didn't. And, since you were the plaintiff, the burden of proof was on you.

I am sad to say that the attorney you are presently using is inadequate for the job. Fire him, and get one who is actually experienced in landlord/tenant real estate law as well as contracts. Most lawyers are.

Yes I realize you most likely represented yourself--it was a mistake in this situation.

I suspect with an almost 10k claim, this was not small claims court, and therefore you were dealing with a no nonscense judge. There are rules (proceedure, evidence) that are very confusing and need be followed or you lose (as you found out).

I agree with Scott and others, you have a business and a complex one with many rules and regulations to follow, if you fail to heed one small rule you lose.

For example, you mentioned that the water bill was in your name and you had an agreement for her to pay her share. Was this laawful according to the laws of SC? (not your gut thought of what's fair). There are some things you can not contract away.

Perfect example is a pet deposit, a tenant wants to move in with a dog... ok you figure the dog might damage the property (reasonable right?) not here in Mass, it is unlawful for a property owner to charge a pet fee or any fee other than 1st last and security (with therare exception of a key fee) any other fee is a violation of the consumer protection statute and subjects the landlord to pay up to 3 times the tenants losses plus the tenants attorneys fees! So, get a real lawyer for the important stuff like the contracts the tenants sign and $9900 claims!

Yes the record I have of her agreeing to pay rental charges is the Commercial Rental contract that she signed with the stated & documented amounts.

She owed over 10K but I reduced the amount to $7450 to keep it in the local magistrate level.

Water bill, she used water... she agreed to pay her share did pay some and then the situation got complicated when I tried to let her work off some of the rental charges. Who's name it was in etc. never came up. Regardless, explain why the judge simply said, " I rule in favor of the defendant" With no explanation or any additional comments?

Regardless, explain why the judge simply said, " I rule in favor of the defendant" With no explanation or any additional comments??Hello r:

He's not required to say more. Besides, he might be a rookie judge. Small claims court is like training wheels for judges...

excon

And her defense was that you waived rent in lieu of improvements. The fact that you lowered what was owed to fit into Small Claims probably worked against you.

Small Claims courts are more informal. There is no requirement for a judge to do more then rule on the suit for or against.

Ok, maybe by lowering it did work against me... can I take the exact amount owed to the court that would handle claims higher than $7500 now... since I have taken it to the local court with the max of $7500?

So, am I better off appealing at this amount or taking actual amount to the higher court?

Thanks,

Scott

Frankly I'm not sure you have any grounds for appeal. And you can't try taking the same case to a different court.

So, am I better off appealing at this amount or taking actual amount to the higher court?Hello again, r:

You originally posted on Nov. 16. I'll bet your appeal rights ran out in ten days from the date of judgment. For sure they ran out after 30 days.

excon

NO as a matter of Fact. It took me going to the court of appeals and the county court in person after many many attempts to get someone to explain there own related documents and they kept saying that they're not lawyers can't advise me... didn't need advice,indeed someone to explain what the cryptic unqclear wording related to appeals meant... And finally I was able to get it out of them that until I receive the judgement in writing the clock doesn't start. And since, I was the plaintiff... well you guys are lawyers should know the rest.

So, again... appeal or can I start another case based on actual amount owed?

So, again....appeal or can I start another case based on actual amount owed?Hello r:

You only get one bite of the apple..

excon

So, again....appeal or can I start another case based on actual amount owed?

I answered that before, You can't refile for the same case. The only avenue left is an appeal.

Ok care to clarify exactly what are my options at this point?

Hello again, r:

An appeal. But, I'm not confident you'll win.

excon

Yes, you already sued, and lost, so you can't sue again in another court. You can only appeal, but you have to show a fault in the proceeding

Go to the local Law library and research appeals and find out how long you have (check in rules of court or similar for the appeals court for small claims).

That being said, if you really want to know why the judge ruled, you could make a motion for writn findings (though again that will need to be by the rules of court: i.e. time frame, requirements for filing, and jurisdiction.)

So, lets see... If you had at least consulted an attorney for say 500$ you might have at least learned not to decrease the amount, where to file with the best chance of winning, what motions to file to improve your situation, how to get in the evidence that would help you, and if done prior to the whole agreement maybe even a winning case.

My point from earlier was simply to ay that there are certain things you absolutely can not contract away, doesn't matter if the other person agreed or not. However, a separate contract say for their improvements and one as the rental agrement (seperate) would have worked, you could always have forgiven some of the rent for what you owed the person. Strangely enough, it sounds like you made it more complicated and that worked against you.

So, file it under educational costs and find an attorney to draft your contracts.