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collection of small claims

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buffy

Junior Member
What is the name of your state? Iowa

A judgement was found against defendant for lawn care of $550 on rental property. First of all the lawn care was to have been divided in half which the judge did not plus the defendant was let out of lease early in which also the lawn care included that month in the judgement. So the actual judgement should have been one half of one half.

A copy that was submitted to the judge for the lawn care was a type written sheet of paper with the lawn care person's name and address on the paper with no phone number to contact said person which submitted item was notorized.

After investigation it turns out that the address of the lawn care person belongs to a meat wholesale store and they have never heard of the person and they do not and have never done lawn care. Plus with a search on the internet this person could not be found.

What should the defendant do? Filing an appeal is not available anymore due to the time frame of judge's signature and investigation of lawn care person.

Is this something that should be brought before the judge that the plaintiff submitted I don't know what you would call the evidence either perjury since they swore to tell the truth and submit truthful evidence or fraud of trying to collect on monies that who knows who the lawn care person is.

Defendant is willing to pay the one half of one half but plaintiff is not willing to accept the offer since the judgement.
 


seniorjudge

Senior Member
...

What should the defendant do? Filing an appeal is not available anymore due to the time frame of judge's signature and investigation of lawn care person.

...


Failure to appeal the judgment means you agree with it; so, as the Zinger says, pay up.
 

buffy

Junior Member
small claims

I understand but the appeal was not available due to time frame. first the court could not find the lawn care exhibit and then the defendant had to mail a certified letter to the plaintiff for a copy and said copy did not arrive the defendant had to drive 100 miles to court to get a copy and then the investigation started so appeal is out.

Can defendant take plaintiff back to court since the information given for lawn care person was not valid.
 

seniorjudge

Senior Member
I understand but the appeal was not available due to time frame. first the court could not find the lawn care exhibit and then the defendant had to mail a certified letter to the plaintiff for a copy and said copy did not arrive the defendant had to drive 100 miles to court to get a copy and then the investigation started so appeal is out.

Can defendant take plaintiff back to court since the information given for lawn care person was not valid.

Failure to appeal the judgment means you agree with it; so, as the Zinger says, pay up.
 

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