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    stephanieann8's Avatar
    stephanieann8 Posts: 1, Reputation: 1
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    #1

    Nov 17, 2010, 06:58 AM
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 17, 2010, 07:07 AM
    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 17, 2010, 01:56 PM
    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?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Nov 18, 2010, 07:54 AM
    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?
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