[lthsinc]

I'd submitted a question previously and we went to court. My daughter was sued by an unethical collection agency on an old account that she was neither aware of or had any records of. Obviously many other details, but the case finally went to court, and the judge ruled for the Plaintiff, in spite of obviously being bothered by lack of evidence of liability, and no evidence that the action was not time barred. Now we need to file an appeal, and I need advise and assistance to do this. It would seem that the primary reason for the ruling was the ruling for the Plaintiff's motion to deem admitted the requested admissions, in spite of having filed an opposition to the motion, which the substituting judge neither referenced or discussed. At trial, now with the regular judge, she did ask for a continuance in order to file a motion to compel the production of documents, (as recommended by the substituting judge), and a motion to set aside the previous ruling on motion to deem admitted requested admissions. Judge denied, and heard the case, which was comprised only of that old last page of a statement not reflecting any activity. Again, obviously many more details involved, but need to file the appeal, and any help or advise would be most appreciated. Thank you.

[twinkiedooter]

To properly file an appeal you need to state the judicial ERROR of the judge who ruled in favor of the plaintiff and give ample case law where his ruling was incorrect. And this must be presented within 30 days of the initial ruling. And it must be filed with the next upper court and usually a hefty filing fee to accompany the appeal.

And why are you appealing an obvious debtor matter since your daughter owes this money? YOu will only be throwing money at an attorney and court filing fees when you could be giving the money over to the creditor instead as they will probably win the appeal and your daughter will still owe the money. You are just trying to use a stalling technique that will cost more money in the end.

Did she do all of this with your help or an attorney's help? If you did not use an attorney chances are that's how the case went. Had you used an attorney the case would have turned out differently as judges don't usually like pro se defendants and the plaintiff's attorney usually runs over them with a steam roller (legally that is).