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Disagree with the judges decision

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Realmeancat

Guest
Took someone to small claims court in Plaistow, New Hampshire in August. A man did not pay me in full for my horse, so I took him to court to get my horse back. The defendant lied in court, and the judge caught him in a few lies. After the case was heard, the judge said he would take all the evidence under advisement, and I would receive the decision in the mail. The same day, the judge ruled against me. I had sworn statements from witnesses, which the judge would not even look at, and a statement from the chief of police where I live that there is an ongoing investigation, yet the judge never even contacted the chief to find out about the investigation. What else can I do, and how can I go about getting my horse returned to me? Please help me, I can't give up my horse and let this thief win.
 


I AM ALWAYS LIABLE

Senior Member
Realmeancat said:
Took someone to small claims court in Plaistow, New Hampshire in August. A man did not pay me in full for my horse, so I took him to court to get my horse back. The defendant lied in court, and the judge caught him in a few lies. After the case was heard, the judge said he would take all the evidence under advisement, and I would receive the decision in the mail. The same day, the judge ruled against me. I had sworn statements from witnesses, which the judge would not even look at, and a statement from the chief of police where I live that there is an ongoing investigation, yet the judge never even contacted the chief to find out about the investigation. What else can I do, and how can I go about getting my horse returned to me? Please help me, I can't give up my horse and let this thief win.
My response:

First, and foremost, you as the Plaintiff have no right to appeal the decision made in Small Claims Court. Only a Defendant in Small Claims can appeal.

Secondarily, a judge does NOT do any investigations for a party litigant; e.g., judges do not make phone calls, they do not investigate the evidence, etc. Judges only look at "acceptable" evidence presented at the time of the hearing.

Thirdly, Judges do not accept "sworn" written statements from anybody because those are not "business records" - - like a police report would be. If you wanted the judge to receive third-person testimony, it was up to you to subpoena those persons to court for "live" testimony. Pieces of paper cannot be questioned, and cannot be cross-examined. Since a witness is a potential "accuser", a piece of paper signed by someone takes away the Defendant's fundamental right to ask questions. Ergo, sworn statements are routinely rejected by courts.

In summary, since you have no right of appeal, and since you've had your "day in court", there is nothing more you can do. You've lost your horse, and that's the end of the story. You can't sue the Defendant again, in any court, over the issue because, to do so, would be "res judicata" (the issue has been once and for all time, decided), and could open youself up to an "Abuse of Process" lawsuit by the Defendant if you try it.

I would suggest that you read this site before you try to sue someone in Small Claims Court:


http://www.attorneyetal.com/Previews/SmallC.html


Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 11-25-2000 at 09:16 AM]
 

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