small claims appeal & subpoena

What is the name of your state? California

Thanks in advance to everyone who is kind to take his/her time to read and respond to my questions.

I am the plaintiff in a small claims case that was awarded the full amount requested. The defendant retained an attorney who filed an appeal. I was served yesterday. I thought small claims cannot be represented by an attorney... if this is allowed, do I need to retain an attorney for a case that is asking the defendant to pay $1000? I know the defendant is trying to delay the process of paying as he is clearly at fault. What exactly happens in an appeal? If I attend the appeal by myself without an attorney, is there a high chance of losing my claim because his lawyer has more experience? During the small claims case, the judge asked all of the questions... Will this be the same for the appeal? Or, will i be subjected to questions from his attorney? If so, what can I do to prepare myself?

Secondly, his lawyers office constantly calls me over and over. The paralegal demanded all documents I have pertaining to the case. She indicated that she, as well as the lawyer for the defendant, have the right to subpoena documents over the phone without an actual subpoena issued by the courts. I also received threats over the phone. Each time I hang up the phone, they call again. She's like a manic psychotic person. She also stated I will be placed in jail for contempt of California law for not sending them the documents. Then, she stated she will make me pay for the defendant's lawyer fees. I called her a "b" and hung up the phone. To be honest, I am confused and scared. Is there anything I can do to stop the calls?

Thank you!What is the name of your state?

The appeal will be heard in an appelate court, not small claims court. At a minimum, I would suggest you talk to an attorney for guidance. It will depend on the complexity of the case whether you will need an attorney or if you can handle the case on your own.

As to your initial questions, the appeal will be a “trial de novo” (new trial) in the Superior Court before a different judge than heard the case originally. Small Claims rules apply, except that either or both parties can be represented by counsel. The court may permit parties or their attorneys to conduct direct or cross-examination, subject to its discretion to control manner and duration (see Cal Rules of Court 157), so nobody can say with certainty that it will or won’t happen. Some judges require more formality at a trial de novo when attorneys are present than when they are not. If the original case was “cut and dried”, whether a $1,000 case is worth the cost of consulting counsel or simply re-telling your story must be your decision. (For what it’s worth, if you were to lose, attorney’s fees are capped at $150.00. How much would you pay an attorney to protect or defend against a $1,000 judgment?)

As to your second problem, I think they’re blowing smoke. Aside from the fact that you don’t “have the right to subpoena documents over the phone without an actual subpoena” in any proceeding at any level, SC hearings generally function without the usual rules of evidence (see Houghtaling v. Superior Court (1993) 17 CA4th 1128, 1139) and Calif. Code of Civil Procedure sect. 116.770(b) provides “the hearing on an appeal to the superior courts shall be conducted informally. The pretrial discovery procedures described in Section 2019.010 are not permitted . . . .” Rather than using the “b” word, suggest that they read the case and the Code.

Thank You!

THANK YOU DCATZ!!!

You just put a smile on my face after worrying for days. Most attorneys will not even take the time to listen to my case because they said small claims appeal for $1000 is not worth spending the $ for representation. A few have told me to call the California Bar Association to file a complaint against the lawyer and paralegal who are harassing me. But they also warned me that I need hard evidence as it might get ugly with that crazy lawyer retaliating with a lawsuit. I'm going to first reference your advice to them over the phone... and if they continue to call me, then I'll file a complaint. Is there any consequence to filing a complaint to the California Bar? Can I record the calls?

Thanks!

Don’t record calls without notice and consent. They won’t give you authorization and that should be that.

A complaint to the State Bar will make his life miserable with paperwork, but it’s a $1,000 case. My advice would be to focus on preparing for and winning your appeal. Then collect your judgment and move on to something more productive and rewarding in life. Until you win and collect, the stress continues. If you win and must still bump heads with the attorney to collect, why have him hindering you out of spite, when it’s no longer cost-beneficial for the judgment debtor to pay for his services?