appealing from a won small court case. Dissmissed by judge with prejudice

[you_share]

What is the name of your state (only U.S. law)? washington state.


a guy sued 3 person at small court claim, and won from 1 person, but judge dismissed the other 2 with prejudice.


my friend left his car in person no 1, cause he was going for a vacation. the person no.2 asked person no.1 to use his car, but Person no.2 cant drive. and person no.2 asked person no.3 to drive his car. person no.3 wrecked his car. all of those happened without my friend knowledge.

judge dismissed person no1, and no2. person no.3 has to pay, but it seems like the chances my friend will received the money very slim. person no.3 is international student. person no.3 will go back to his country soon.

on my friend claim explanation, he wrote, "permitting, and driving my car without my concent". he did not understand how to write the good description, so he just wrote whatever he can think of at that time. and he lost it because its claim description.

is there any other way to get his money? he asked not much, only $3000, compared to what he lost in process, cause of good faith. Person no.2 promised him, will pay, but after he fixed his car, person no.2 did not willing to pay. it was like a setup, and he did not know about this.

how much is it cost to appeal this case?

what kind of lawyer does he need to find?

how much is the estimate cost for hiring a lawyer for appeal before judge?

is there a high chance if he appeal, he could win the case?

can he pay bond with installment? cause he has no money at all.

will there any consequences, if he lose the case?

can he get counter sued from any of this people?

he is very poor, but he is living a good honest hard working tax payer citizen. working in a minimum wages 7 days a week with 2 jobs, but still managed to pay his bills. until this thing happened.


thank you so much for your best reply.

 

[Ohiogal]

What is the name of your state (only U.S. law)? washington state.


a guy sued 3 person at small court claim, and won from 1 person, but judge dismissed the other 2 with prejudice.


my friend left his car in person no 1, cause he was going for a vacation. the person no.2 asked person no.1 to use his car, but Person no.2 cant drive. and person no.2 asked person no.3 to drive his car. person no.3 wrecked his car. all of those happened without my friend knowledge.

judge dismissed person no1, and no2. person no.3 has to pay, but it seems like the chances my friend will received the money very slim. person no.3 is international student. person no.3 will go back to his country soon.

on my friend claim explanation, he wrote, "permitting, and driving my car without my concent". he did not understand how to write the good description, so he just wrote whatever he can think of at that time. and he lost it because its claim description.

is there any other way to get his money? he asked not much, only $3000, compared to what he lost in process, cause of good faith. Person no.2 promised him, will pay, but after he fixed his car, person no.2 did not willing to pay. it was like a setup, and he did not know about this.

how much is it cost to appeal this case?

what kind of lawyer does he need to find?

how much is the estimate cost for hiring a lawyer for appeal before judge?

is there a high chance if he appeal, he could win the case?

can he pay bond with installment? cause he has no money at all.

will there any consequences, if he lose the case?

can he get counter sued from any of this people?

he is very poor, but he is living a good honest hard working tax payer citizen. working in a minimum wages 7 days a week with 2 jobs, but still managed to pay his bills. until this thing happened.


thank you so much for your best reply.

Was the car insured?

 

[Proserpina]

Was the car insured?

He posted this down the road, too. Yes, the car was insured.

(We seem to have changed pronouns too9)

Ultimately though, getting the judgement is one thing. Collecting it is another thing entirely. Also, he won't be deported, the OP can't sue him again and I did provide help-stuff.

And now the amount has changed? What exactly is going on here?

Are we being homework-ed?

 

[FlyingRon]

Yeah, and the wrong answer was given there as well. Appeals from Washington small claims are heard de novo, not in the traditional appellate format.
The issue is he's likely got no better shot at it in Superior court than he did in small claims (and it will cost him more to try).

http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.display&folderID=brochure_scc&altMenu=smal&fileID=appeal

 

[racer72]

He needs a valid reason to appeal other that not liking the decision.

 

[Zigner]

He needs a valid reason to appeal other that not liking the decision.

No, he doesn't.

 

[Proserpina]

Yeah, and the wrong answer was given there as well. Appeals from Washington small claims are heard de novo, not in the traditional appellate format.
The issue is he's likely got no better shot at it in Superior court than he did in small claims (and it will cost him more to try).

http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.display&folderID=brochure_scc&altMenu=smal&fileID=appeal

The information was correct for Whatcom County - and if I have proof of it myself.

(and I'm not the only one, either. Clearly)

 

[Proserpina]

I need to make, and eat, a hefty portion of crow.


It's just been pointed out to me that the court I alluded to has on several times ignored the actual law and made dreadful orders which, for a pro se litigant, won't be appealed due to (very simply) lack o' cash. Because of this, the information I provided does need to be corrected and thank you for correcting it for me. Sometimes, what happens in XYZ court is clearly not how things should happen.

I apologize, because I did get it wrong. I'll update the thread on the other board, too.

And..uh... stay out of Whatcom and Skagit courthouses. :embarrassed:

 

[racer72]

No, he doesn't.

I've seen enough of them tossed in Washington for just that reason.

 

[latigo]

He needs a valid reason to appeal other that not liking the decision.

Not so!

Appeals from Washington small claims courts are tried by the superior court de novo. (CRLJ 72(b); 75(c). Assignments of error (reasons) are not required.