Consumer responsibilty

[nwestland]

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

I was sued in small claims court by a lawn care company who provided unauthorized services to my yard. The service was a carry-over from 2009 which according to their literature is done the following year by default.

During the trial, the lawn care company stipulated that we had told them (multiple times) not to do the service and that they were there in error. They contend that my husband returned home after they had completed 50% of the work and said "go ahead and finish the job". This was the pivotal point in which we disagreed.
The lawn care company's only "evidence" of what happened was based on here say from the technician who didn't speak english well. I had a sworn statement from my husband which stated that he spoke with the technician, told him again that he didn't want the service, and that he went inside to call the company to complain. The magistrate did not want to see our sworn statement.

I also had additional evidence detailing the lawn care company's deliberate attempts to provide unauthorized services, blackmail/bribe us into staying their customers, as well as our frustration with the quality of work which would have supported a common sense conclusion that there would have been no way that my husband would say "go ahead and finish". I used this information during a counter suit (93A) for the lawn maintenance which we had agreed to pay for. The magistrate claimed that all this information was irrelevant.

Judgement was awarded to the lawn care company for 50% of the cost of the service. I would like to appeal but I'm not sure what law this decision was based on. The magistrate mailed us the verdict and offered no explanation.

Was it really expected that my husband should have physically thrown them off the property in order for us not be held financially responsible?

Why were we held financially responsible for their admitted error?

How much weight does an initial judgement hold during an appeal process? I felt that this was an open/shut case but obviously I am missing something.

Thanks for your help!

p.s. Our counter suit was "forgotten" and never ruled on so after a phone call to the court clerk, we are waiting to hear on that.

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

 

[Mass_Shyster]

If the technician testified, it was not hearsay, it was testimony.

Why didn't your husband testify? It's pretty rare for out of court statements to be admitted into evidence. A sworn statement doesn't cut it.

It sounds like the lawncare company presented uncontested evidence that your husband told them to finish.

I don't know if the appeals process allows new evidence to be introduced or not. You should check the rules for small claims appeals in Mass.

If you do appeal, the the appeals process allows new evidence, bring your husband to testify.

 

[racer72]

On what basis to you plan to appeal? You can't appeal just because you did not like the decision. You would appeal based on judicial error or if you feel a law was wrongly interpreted. The judgment was awarded because you did receive the service. Your sworn statement by your husband was worthless, the plaintiff can't cross examine a piece of paper, that is why the judge ignored it.

p.s. Our counter suit was "forgotten" and never ruled on so after a phone call to the court clerk, we are waiting to hear on that.

I can gues where this is headed and you provided the answer.

I used this information during a counter suit (93A) for the lawn maintenance which we had agreed to pay for. The magistrate claimed that all this information was irrelevant.

There is your countersuit decision.

An appeal, if you choose to continue, will be in a higher court. Your post shows you were not ready for small claims court, you won't have a chance in an appeals court. The rules are different and procedures are held to a much higher standard. You and your husband need to talk to a local attorney and discuss your options. And you will have to determine if the expense of an appeal is worth it. If attorney fees and court costs are going to exceed your current judgment, you are throwing money away. See an attorney soon.

 

[Mass_Shyster]

On what basis to you plan to appeal? You can't appeal just because you did not like the decision.

Here in the Peoples Republik of Taxachusetts, you can appeal a small claims decision because you don't like the finding.

See:

District Court - I Lost My Case Before the Magistrate, What Do I Do?

f you appeared at the trial before the magistrate and you disagree with the magistrate’s decision on the other party’s claim, you may appeal for another trial by either a judge or a jury. To do so, within 10 days after you receive written notice of the magistrate’s decision you must file with the clerk’s office your "Defendant’s Claim of Appeal" form (available here and at the clerk’s office - if you use the online version of the "Defendant’s Claim of Appeal," please file four copies with the court), indicating whether you want a trial by a judge or before a jury, along with the $25 appeal fee (which is non-refundable) and a $100 appeal bond or deposit (which is refundable if you win on appeal, or is credited against what you owe if you lose on appeal). The appeal bond or deposit is larger if you are a landlord being sued for the return of a residential tenant’s security deposit. The appeal fee and bond may be reduced or waived if you are indigent. On appeal, the judge or jury will reach a new decision, but may take into account that the magistrate previously decided the claim against you.

 

[nwestland]

From Stevef:

> If the technician testified, it was not hearsay, it was testimony.

The technician was not there, only a representative of the company.

> Why didn't your husband testify? It's pretty rare for out of court statements to be admitted into evidence. A sworn statement doesn't cut it.

He had to travel for work and was unable to be there.

So it was a sworn statement vs. heresay.

Given that information, what law did the magistrate make the decision under? The plantif admitted being there in error and the point of contention was here say vs. a sworn statement.

Perhaps I should ask a different question: how *should* my husband have reacted when he discovered them trespassing on our property performing an unauthorized service in order not to be held financially responsible?

Thanks for your feedback. Based on yours and racer72 responses, I doubt I will appeal. I am just struggling to understand how they won to begin with...

Natasha

 

[Mass_Shyster]

So it was a sworn statement vs. heresay.

Which is still hearsay v hearsay.

how *should* my husband have reacted when he discovered them trespassing on our property performing an unauthorized service in order not to be held financially responsible?

If someone's trespassing on my property, I call the police.

I am just struggling to understand how they won to begin with...

From what I've heard of Mass small claims, when they don't know who is telling the truth, they award 50%. The plaintiff cannot appeal, but the defendant (you) can.

If you appeal, you get a new trial, where you can introduce evidence not presented in the small claims adjudication. In this trial, the burden of proof would be on the plaintiff to show with a preponderance of evidence, that you are liable for the payment.