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    warned's Avatar
    warned Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 6, 2008, 05:20 AM
    Can I file appeal for small claims in NY
    I recently was taken to small claims court by my ex. He had lent our daughter money to purchase a car. They had a written agreement between them that both had signed. He did not want to register or insure the car in his name so I did so in my name. He then paid off the original loan. My daughter had spoken to her father about getting a different vehicle. He didn't object but she was still to pay. Well she didn't pay and the judge ruled against our daughter and myself. When I questioned as to why me since I had not signed any contract and our daughter was 19 at the time, the judges answer was because I signed the title over to her. Makes no sense to me. Am I missing something?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 6, 2008, 06:27 AM
    Um you were on the title as the owner of the car? If so, I see no grounds for appeal.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Aug 6, 2008, 06:29 AM
    Quote Originally Posted by warned
    I recently was taken to small claims court by my ex. He had lent our daughter money to purchase a car. They had a written agreement between them that both had signed. He did not want to register or insure the car in his name so I did so in my name. He then paid off the original loan. My daughter had spoken to her father about getting a different vehicle. He didn't object but she was still to pay. Well she didn't pay and the judge ruled against our daughter and myself. When I questioned as to why me since I had not signed any contract and our daughter was 19 at the time, the judges answer was because I signed the title over to her. Makes no sense to me. Am I missing something?


    I'm a little confused in light of your other post and the involvement of the car dealership. However, the appeal process (straight from the NYS Small Claims website is) is:

    "CAN I APPEAL THE CASE IF I LOSE?

    If your case was tried by a judge, you may appeal the decision if you believe justice was not done. You cannot appeal if your case was tried by an arbitrator.

    Technical mistakes made during the trial are not grounds for reversal. The appellate court will consider only whether substantial justice was done.

    Very few Small Claims cases are appealed. The expense of appealing is rarely justified in a Small Claims action. Taking an appeal may require retaining an attorney. In addition, the party who is appealing must purchase a typed transcript of the trial proceedings from the court reporter, or from the court when audio recording of the trial is authorized. If no stenographic minutes were taken, the party appealing will be required to prepare a statement of what took place during the proceeding or, in some courts, the judge or clerk will write this statement. If a statement is used, the party who is not appealing will have the opportunity to offer changes to the statement.

    If you decide to appeal, you must file a notice of appeal and pay the required fee within 30 days after the judgment is entered. Consult the Small Claims clerk if you wish further information about starting an appeal.

    The party appealing the judgment can temporarily prevent its enforcement pending the decision on the appeal. To do this, a bond or undertaking must be filed with the court to guarantee payment of the judgment should the party lose the appeal. If you receive a notice of appeal, you should call the court to find out if an undertaking has been posted: if not, you may take steps necessary to collect the judgment immediately, or you may wait until the appeal has been decided. "
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Aug 6, 2008, 02:15 PM
    What are your grounds for an appeal? All I can see is that you didn't like what the judge said about the title. Any time you put your name on a vehicle's title and have it registered in your name regardless of who you are doing this for, you are still the legal owner of the car. I believe his decision was correct and you just didn't like it.

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