Ask Me Help Desk - Need Some Input

Need Some Input

I took my former fiancée to court (CA) and won a judgment! Now he is appealing this. In order to maintain my job all employees had to take a pay decrease! I can't afford a lawyer! Now my EX can't really afford one either but knowing him he will be late on a bill in order to obtain a lawyer!

I have gone to other divisions of the court with my EX each time he had a lawyer present. I would get advice from a lawyer and pay him/or her for their advice but never fully retained one. Moreover I have prevailed in the other divisions of the court!

I do not know if I am thinking about his waaay too much! If I can't afford a lawyer then will I still get a fair chance in court this second time around to present my case! I am going in with my evidence which makes up a witness, voice mail, contract, and photos...

Mind you part of the evidence is a contract signed by both my EX and myself agreeing to pay me relocation fees. My EX breached this contract!

I am not sure for the amount of money I won is worth hiring a lawyer! Any suggestions?

Has he actually filed an appeal? Or is he just telling you that he's going to appeal it? Appealing is a complicated process and he's not going to be able to do it without an attorney.

If he gets an attorney, you need to get one too. If you don't, I can all but guarantee you'll lose.

On what grounds is your ex appealing the judge's decision?

I do not know the grounds. In CA when the defendant loses they can file an appeal. Last time the judge asked us to exchange evidence before entering the court room. After we looked at each other docs we gave them back to one another. The defendant has 30 days to file an appeal. The paperwork for appealing a smalls claim judgement does not look complicated. It actually judt indicates the defendant is appealing and here is your new court date. The max you can file for is up to $7500. However I did not win that much. Never the less in the first trial I won. Another judge will be hearing this case. I just do not know if getting a lawyer will be cost effective for me!

What are his grounds for an appeal? The fact he lost? He would have to come up with a better excuse other than he was unhappy that he lost in court.

Quote:

Originally Posted by twinkiedooter

What are his grounds for an appeal? The fact he lost? He would have to come up with a better excuse other than he was unhappy that he lost in court.

My point exactly. You don't get to file an appeal and say, "Well, I lost so I want the trial to be heard again." It doesn't work like that.

Also, if this is small claims court, they generally don't permit attorneys.

Quote:

Originally Posted by ScottGem

Also, if this is small claims court, they generally don't permit attorneys.

I was told if I wanted to appeal my small claims case(s), I'd need an attorney because the process is too complicated. But that's Wisconsin...

In CAli for the initial case you can't have a lawyer, however in the appeal process again you do not have to have an attorney, but you are allowed to bring one to the hearing if you want.

How much time Do I have to Appeal?
Many states allow either party to appeal a small claims court decision within a short period, usually between 10 and 30 days. In some states, appeals must be based solely on the contention that the judge made a legal mistake, and not on the facts of the case.

Other states have their own unique rules. In California, for example, a defendant may appeal a small claims court decision to the Superior Court within 30 days and receive a new trial -- in which the judge addresses both the law and the facts of the case. And except in very limited circumstances, a plaintiff may not appeal at all.

What happens at the appeal hearing?
A new judge hears all the evidence again and makes a decision. That judge doesn't know what happened in the first trial, so this new judge looks at everything as if the case was being decided for the first time. You can have an attorney represent you at the appeal, and it is possible that the judge may award you $150 in attorney fees and/or up to $150 for your actual loss of earnings, expenses of transportation and lodging actually incurred in connection with the appeal. Also, if you or your attorney (if you have one) can prove that the appeal was filed in bad faith, it is possible that the judge may award $1000 in attorney's fees or in actual losses that you incurred due to the appeal. Click here for more information on a bad faith in appeals.

If you want to ask for attorney fees and/or earnings, transportation and lodging, be sure to speak up during the hearing. You may be asked to prove your actual loss, so you may need paperwork showing the charges.