Need Pro Se advice

[onefrostykat]

Alabama

Won a judgement in small claims court being Pro Se. They appealed (he a had an attorney) asking for a motion to reconsider. We went to court again and the Judge denied their motion awarding me a judgement of $1600 but advising either party could appeal to a higher/civil court...which they did.

I represented myself again as I simply couldn't afford an attorney. Still awaiting Judge's ruling...but want to know what my options are.

Can I appeal based on my having important info that I failed to mention. Just got flustered and off-track by being out of my element with regards to legal procedure.

Yes, I know I should have had an attorney.

Also, they are suing for $100,000 in damages for some opinions I posted on the internet
regarding inferior workmanship I believe I was over-charged for. They offered no evidence of financial loss...and I submitted a retraction (unasked for). Have they any chance of being awarded damages if none were shown as evidence and the party in question never asked for a retraction?

Thanks for any help.

Pro Se with a poor client to boot.

 

[seniorjudge]

Alabama

Won a judgement in small claims court being Pro Se. They appealed (he a had an attorney) asking for a motion to reconsider. We went to court again and the Judge denied their motion awarding me a judgement of $1600 but advising either party could appeal to a higher/civil court...which they did.

I represented myself again as I simply couldn't afford an attorney. Still awaiting Judge's ruling...but want to know what my options are.

Can I appeal based on my having important info that I failed to mention. Just got flustered and off-track by being out of my element with regards to legal procedure.

Yes, I know I should have had an attorney.

Also, they are suing for $100,000 in damages for some opinions I posted on the internet
regarding inferior workmanship I believe I was over-charged for. They offered no evidence of financial loss...and I submitted a retraction (unasked for). Have they any chance of being awarded damages if none were shown as evidence and the party in question never asked for a retraction?

Thanks for any help.

Pro Se with a poor client to boot.

You have started 17 other threads; no one is going to wade through all of those to find out what you're talking about.

 

[onefrostykat]

To SeniorJudge

I wouldn't expect anyone to go back over the threads I have posted to know what I was talking about...that's why I provided a brief explanation and specific questions.

Wasn't asking for a ruling...just some advice from a non-hostile party.

As a Judge (if you are one) I would have thought that my posting would have given sufficient info (see quote below) to help a person give some helpful thoughts instead of some just a rude comment or so.

Thanks anyway for your advice/comments/opinions. I appreciate your giving it a moment of your time.

Can I appeal based on my having important info that I failed to mention.[/FONT] Just got flustered and off-track by being out of my element with regards to legal procedure.

Yes, I know I should have had an attorney.

Also, they are suing for $100,000 in damages for some opinions I posted on the internet
regarding inferior workmanship I believe I was over-charged for. They offered no evidence of financial loss...and I submitted a retraction (unasked for). Have they any chance of being awarded damages if none were shown as evidence and the party in question never asked for a retraction?

 

[tranquility]

Can I appeal based on my having important info that I failed to mention.

No. Appeals are for matters of law, not of fact. (Except for the rare exception where, ON THE FACTS PRESENTED, no reasonable person could come to the conclusion the court did. A very, very high hurdle which is almost never reached.)

Have they any chance of being awarded damages if none were shown as evidence and the party in question never asked for a retraction?

Yes. In written defamation, especially which of and concerns one's business or profession, damages are presumed.

Asking for a retraction is not an element of defamation.

 

[seniorjudge]

No. Appeals are for matters of law, not of fact. (Except for the rare exception where, ON THE FACTS PRESENTED, no reasonable person could come to the conclusion the court did. A very, very high hurdle which is almost never reached.)

Yes. In written defamation, especially which of and concerns one's business or profession, damages are presumed.

Asking for a retraction is not an element of defamation.

I agree with one caveat:

The FIRST appeal from a small claims judgment is GENERALLY really a trial de novo, meaning it starts all over again. In that case, new evidence could be entered.

However, "I got flustered" is not a legal argument and won't get you anywhere.

 

[lizjimbo]

Your new stuff

A trial de novo wipes out the judgement of the lower court, does not wipe out the evidence heard in the lower court. So you are starting over in a new trial and will be able to introduce anything you want. It doesn't mean the court will consider it.

When you make internet postings you must remember that you cannot go back and erase them. There are 2 defenses to defamation, or actually 3. One absolute defense is what you said the truth, or is what you said opinion. If you cannot prove it was the truth you better stick to opinion. The last resort is was the person of such notorious bad repute that no matter what you said about him your remarks would have had no impact. In other words he couldn't be slandered because the whole town knows he is up to no good.

 

[quincy]

A few clarifications on defamation:

There are more than just two or three defenses to defamation, although not all can apply in onefrostykat's situation. I believe this was discussed with onefrostykat in a defamation thread earlier?

There is a Constitutional defense, used by the media on grounds of their service to the public interest. There is the defense of privilege. There is opinion, and fair comment or criticism. There is truth. There is the defense that someone is libel-proof (although this is a defense that can be used only rarely and only under very special circumstances). And then there is retraction. A full apology without reservation, given the same space and/or time that the defamatory charge received, serves to mitigate damages. A retraction is not a complete defense, but it lessens the chances that any large damages will be awarded.

Also, one other slight correction. Even when a business has been defamed, injury is not always presumed. There must be more than just a suggestion of mere incompetence or lack of quality or whatever before a defamation action would hold. Defamatory statements made about a business or corporation are no different than defamatory statements made about an individual, and the same proofs must be met.

Some states have no provision in their defamation laws for "per se" or "per quod" defamation, and these states, therefore, have no provision for presumed or assumed damages. Certainly a word or statement found to be defamation per se in a state that recognizes per se defamation, however, will more than likely be found defamatory in the state that doesn't. The difference in the actions will be the need to prove damages.

 

[onefrostykat]

Libel case over-turned/thrown out...need help

Good news.

The Judge threw out the other sides' $100,000 libel/defamation/slander claim (3rd time that has happened). A relief and I will definitely watch what I say (or write) in the future.

When the Judge in civil court rules that "costs" are recoverable would that include legal fees if not asked for by OC...or simply court/filing fees?

The OC was in place throughout 2 seperate small claims actions and a Motion to Reconsider in small claims (I have always been Pro Se) where they lost all three times. Will I have to pay for that legal time spent...or just the legal appeal time in civil court this last/final time? My point is that small claims doesn't require an attorney...and that was the opposing sides' unnecessary option...so why should I pay?

Or, seeing as how OC never asked for recovery of legal fees in court is that even something that I'd have to pay? Can I dispute that by Filing any type of Motion? If so, what is the Motion called?

Thank you all for your helpful advice/thoughts.

 

[Rexlan]

Costs are awarded to the prevailing party. It sounds like that is you so they are SOL.

Your "costs" are all of your filing fees, copy expenses, mailing, service, etc. ... but not attorney fees (especially pro se). Costs are in addition to the judgment amount. So now they owe $1600 + costs to you.

Also, your judgment incurs legal interest from the date it is entered ... it is making good money in todays market ...lol. Get it recorded right away. Typically the legal interest rates on judgments is 7-8%.

You can offer to settle (by letter with a fixed $ amount paid by date certain) but be sure to add some monthly interest in the value. If they don't want to pay then you can go back to court for another hearing and they will get to pay the attorney fees this time (you just hire one) and your collection efforts begin.

 

[quincy]

I am glad to hear the libel action was tossed, onefrostykat! That is, indeed, good news.