Lost in small claims court

[cogs29]

New York
The case was heard by an arbitrator. The claim was against me for nonpayment. I countersued. Damages to my home were caused by a painter who claimed to have 35 years experience. The house is a mess now and it will cost 1000's to correct. It was not a fair hearing. The arbitrator wasn't very interested in my side of the story. He ruled in favor of the painter in both cases. My witnesses could not come to court with me that evening but I do have winesses. I also was unable to get estimates for the damage correction because businesses were not willing to give estimates without deposits. I could get some contractors to do so now that I have investigated further. I did have pictures that should have at least proven the fact that damages were caused by the painter but I guess it didn't impress the arbitrator. The painter only had receipts for the paint. And a video that showed he painted the entire house. I was not arguing the fact that he painted. The contract was verbal. He is not a registered contractor nor is he registered with the better business bureau. What type of recourse do I have?

[sandyclaus]

Originally Posted by cogs29

New York
The case was heard by an arbitrator. The claim was against me for nonpayment. I countersued. Damages to my home were caused by a painter who claimed to have 35 years experience. The house is a mess now and it will cost 1000's to correct. It was not a fair hearing. The arbitrator wasn't very interested in my side of the story. He ruled in favor of the painter in both cases. My witnesses could not come to court with me that evening but I do have winesses. I also was unable to get estimates for the damage correction because businesses were not willing to give estimates without deposits. I could get some contractors to do so now that I have investigated further. I did have pictures that should have at least proven the fact that damages were caused by the painter but I guess it didn't impress the arbitrator. The painter only had receipts for the paint. And a video that showed he painted the entire house. I was not arguing the fact that he painted. The contract was verbal. He is not a registered contractor nor is he registered with the better business bureau. What type of recourse do I have?

None, since you choise to argue before an arbitrator instead of the judge. Arbitration is BINDING (which is why they call it BINDING arbitration). You don't get a second chance to go before the judge.

Plus, if you knew you would be having your case heard that day, why didn't you get all of your witnesses and evidence ready beforehand? Even a judge will remind you that if you don't have it with you, that's like admitting it doesn't exist. (May not be true, but its one way folks try to excuse their actions.)

Oh, and not all jurisdictions require a painter to be a licensed contractor or a member of the BBB to do the job. Did you even ask to see his license or membership credentials before giving the painter the job, or did you just assume that he had them?

I think we're done here.

[cogs29]

They fell through the last minute. I thought the evidence I had would be enough. This is my first experience. I am not familiar with the term binding arbitration. Sorry I'm educated but never had to get involved in legal matters. So why so rude? I live in NY and am sure I never met you. This will cost me a lot of money to correct.

[sandyclaus]

Originally Posted by cogs29

They fell through the last minute. I thought the evidence I had would be enough. This is my first experience. I am not familiar with the term binding arbitration. Sorry I'm educated but never had to get involved in legal matters. So why so rude? I live in NY and am sure I never met you. This will cost me a lot of money to correct.

Proper planning would have assured that you had both the proper witness testimony and evidence in time for your arbitration hearing. Plus, arbitration hearings could be rescheduled for when both parties were ready with what they needed.

Being a layperson, you probably are unaware of the judicial process and what is needed to prove your case. The burden of proof in SC is the preponderance of the evidence, i.e., what is more likely to be true given what is presented. So, especially in that situation, one should get all their advice to educate them on the process ahead of time. Otherwise what could happen is exactly what did.

I'm not saying that your case wasn't winnable, but presentation is everything. If you didn't have the evidence to back you up, there was no way a judge could have ruled in your evidence. And a judge may have even asked you the same questions that I did.

Forewarned is forearmed. If this ever happens again, at least you'll be more prepared.

[BL]

Originally Posted by cogs29

New York
The case was heard by an arbitrator. The claim was against me for nonpayment. I countersued. Damages to my home were caused by a painter who claimed to have 35 years experience. The house is a mess now and it will cost 1000's to correct. It was not a fair hearing. The arbitrator wasn't very interested in my side of the story. He ruled in favor of the painter in both cases. My witnesses could not come to court with me that evening but I do have winesses. I also was unable to get estimates for the damage correction because businesses were not willing to give estimates without deposits. I could get some contractors to do so now that I have investigated further. I did have pictures that should have at least proven the fact that damages were caused by the painter but I guess it didn't impress the arbitrator. The painter only had receipts for the paint. And a video that showed he painted the entire house. I was not arguing the fact that he painted. The contract was verbal. He is not a registered contractor nor is he registered with the better business bureau. What type of recourse do I have?

None. Learn a valuable lesson .

[url=http://www.courts.state.ny.us/Ithaca/CITY/webpageGuidetoSmallClaims.html]A Guide to Small Claims Court[/url]

SHOULD I CHOOSE A JUDGE OR AN ARBITRATOR?

In Town and Village Courts and in many other courts, only judges are available to try cases. However, in New York City, Nassau and Westchester counties, the cities of Buffalo and Rochester, and some other locations, both judges and arbitrators are available to try cases.

An arbitrator is an experienced lawyer who serves without pay. Where arbitrators are used, there usually are many arbitrators available and only one or two judges. Your case can be tried by an arbitrator if both sides agree. If you and the defendant agree to have your case heard by an arbitrator, the case probably will be heard sooner because there are more arbitrators than judges.

Do not hesitate to have your case tried by an arbitrator. He or she will apply the same law to your case as the judge would apply. The hearing before an arbitrator is less formal, and you may not be as nervous as you might be before a judge. When an arbitrator determines a case, the decision is final and there is not further appeal by either the claimant or defendant.

Also see : Preparing for trial: 2. Subpoenas

[sandyclaus]

HEY! Didn't I already say that? Ok, without all the links, but essentially the same message...

[cogs29]

I was scheduled with the arbitrator when I filed the counterclaim because the painter chose an arbitrator. Subsequently, I would have had to request a jury. A little different than being given a choice when submitting a claim. I do understand what has happened now that I have hindsight. One last question... (and I hope that no one bites my head off) I cannot have any work done until the spring when I hope to regroup financially. I have been warned that problems may arise as a result of this paint job like cracking, peeling etc. If that happens during this time would that be considered a new claim or is every aspect of this job and all that can come of it closed as a result of this arbitration?
Thanks for bearing with me. I won't annoy you all again. Besides my lessons learned, hopefully my posting will catch someone's attention and help them avoid my mistakes.

[sandyclaus]

Originally Posted by cogs29

One last question... (and I hope that no one bites my head off) I cannot have any work done until the spring when I hope to regroup financially. I have been warned that problems may arise as a result of this paint job like cracking, peeling etc. If that happens during this time would that be considered a new claim or is every aspect of this job and all that can come of it closed as a result of this arbitration?

Sorry, but no. Here, it's a matter of mitigating your damages. The cracking, peeling, etc. would happen as a result of time passing while you wait to paint. While I understand it's a financial constraint for you, the flip side would be that it wouldn't have gotten to that point had you repainted sooner.

If its that much of a concern, is there any way to borrow the funds necessary to repaint now? Maybe someone you can trade or barter with to accomplish the task? Not popular options, but certainly a way to get the job done before things get worse.

[cogs29]

Great constructive advice. I'm moving on. You've been big help.