Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Small Claims (https://www.askmehelpdesk.com/forumdisplay.php?f=303)
-   -   Small Claims court problem (https://www.askmehelpdesk.com/showthread.php?t=526686)

  • Nov 17, 2010, 06:58 AM
    stephanieann8
    Small Claims court problem
    In New York small claims court, after the plaintiff has won, can a judge call the plaintiff up and say he/she can sue for more because the judge overlooked a receipt? Even though the plaintiff was pleased with the amount already.

    Also, on my notice it said I was being sued for auto parts only. And ended up having to pay the plaintiff for labor, when the plaintiff doesn't own a shop, and no agreement was signed, is this correct?
  • Nov 17, 2010, 07:07 AM
    excon
    Quote:

    Originally Posted by stephanieann8 View Post
    is this correct?

    Hello S:

    I don't know.. You can appeal the decision based on that fact, and let another judge look it over. Hopefully you didn't wait too long.

    excon
  • Nov 17, 2010, 01:56 PM
    AK lawyer
    Quote:

    Originally Posted by stephanieann8 View Post
    In New York small claims court, after the plaintiff has won, can a judge call the plaintiff up and say he/she can sue for more because the judge overlooked a reciept? Even though the plaintiff was pleased with the amount already.

    Also, on my notice it said I was being sued for auto parts only. And ended up having to pay the plaintiff for labor, when the plaintiff doesn't own a shop, and no agreement was signed, is this correct?

    Yes, the judge can determine the amount is owed even though it may be more than the plaintiff calculated.

    Did the plaintiff himself do the labor to install the parts? How did the judge figure how much labor was worth?
  • Nov 18, 2010, 07:54 AM
    this8384
    Quote:

    Originally Posted by stephanieann8 View Post
    In New York small claims court, after the plaintiff has won, can a judge call the plaintiff up and say he/she can sue for more because the judge overlooked a reciept? Even though the plaintiff was pleased with the amount already.

    Also, on my notice it said I was being sued for auto parts only. And ended up having to pay the plaintiff for labor, when the plaintiff doesn't own a shop, and no agreement was signed, is this correct?

    Try reversing the situation: say you fixed someone's car and they didn't pay you for your time or for the parts you put in. Would you want a judge to award you money for your effort even if you didn't own a shop?

  • All times are GMT -7. The time now is 08:31 PM.