Questions about representation and small claims

What is the name of your state? MN

Hi, I just had a small claims court date with ex-landlord yesterday and absolutely feel that we were not fairly given opportunity to defend ourselves or answer her claims.
My question is.... you are supposed to represent yourself, right? When we were called up front, she brought her boyfriend with her, and he has NOTHING to do with this claim...does not own the home, is not listed on the suit...nothing. So he is up front, holding all of the documents, ready to completely do all the talking. THe judge said "ANd who is this?" and landlord says, "He is a witness who saw conversations and things I am talking about."
The judge allowed him to remain sitting up front with her the entire time, and he basically told her what to say, what to do, what to hand the judge... is this right? FOr all the judge knew, he could have been an attorney....

Thanks!

While this seems more like a complaint than a question, you're right about SC court procedures.

Still, if it occurred as you explain, you also don't know that the judge gave him any consideration at all in making a ruling.

At times, in situations such as this, judges simply have to monitor themselves and apply relevant rules of procedure and evidence, because they are already "stuck" with what the litigants bring before them.

What Dcatz says is true, poor judges.


So you lost Souledout ???

I remember you, you are the one with the broken fireplace right?

ENASNI said:

What Dcatz says is true, poor judges.


So you lost Souledout ???

I remember you, you are the one with the broken fireplace right?

Click to expand...

I am the one with the fireplace...and then some! (According to slumlord!)
No decision yet, but I have the feeling we will be appealing it. It seemed the judge was willing to take her word for it, and didn't ask us to agree or disagree with charges, moved right on to something else.
She also gave me a dirty look and rolled eyes when I explained my portion of the suit that included the civil penalties for witholding deposit in bad faith. Not a good sign I can see....

Thanks!

Uh-oh Spaghettios...I just looked at your past thread. I remember now the landlord waited and waited and waited past the time limit.

I will keep my finger's crossed for you. Please post back when you get the results.

I didn't read your previous post and didn't purposely.

If you were defending/asserting a legitimate right, I'm sorry. We have presumably heard your version. But that doesn't change anything said at the outset, and your post doesn't augment anything, including what might have gone on at trial. There are good judges and bad judges, but you have some control over how the case comes out, either way. Something that happens to judges is that sometimes litigants operate on a "right makes might" theory. They are so certain that they are justified, that they don't prepare their case well. They convince themselves that they will prevail regardless.

Then, in your case, you bump heads with a "slumlord", who has probably been in court many times and understands the system

I'm not suggesting that you were derelict but, if you carry this forward on appeal and you didn't do it the first time, prepare before the hearing on appeal.

An appealed case is given a trial de novo, a new trial. It's unusual in the judicial system to get a "second bite of the apple". Think about what you didn't do or say the first time, and improve upon it. Think about what your adversary brought up that may have been damaging to you, and be prepared to rebut it. If you think that the "boyfriend" gave too much coaching, ask the judge at the very beginning that "witnesses be excluded until called". It's perfectly reasonable and something that the Court might have done on its own, if it thought that the witness was only there to coach. Again, that's something that's hard to control and, once it has happened, how do you un-ring the bell?

If you appeal, you'll know in advance what courtroom you're going to. Go there yourself for a day or two before and watch what the judge says and does, how he/she handles witnesses and evidence.

Above all, prepare and prepare. You have to convince someone who knows little about you or your case. That's hard. Even Judge Judy only hears two cases in 30 minutes and she has a script going in and breaks for commercials.