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Small claims - I'm confused and need help

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Upset Tenant

Junior Member
What is the name of your state (only U.S. law)? NY

My case (small claims) was heard before an arbitrator and I won, the other side appealed the decision of the arbitrator. At the appeal the defendant didn’t appear the judge gave me an adjournment for two weeks later. Two weeks later I appear for my case and the defendant is not there once again. The judge asked me to prove my case. I presented my case to the judge and the judge stated I had enough evidence and awarded me monies. I waited the month and ordered my transcript when I didn’t receive the transcript I called the court office to follow up and they stated that it was on hold because the other party has filed a show cause. Apparently, I am supposed to be informed of this and I have not received anything as of today and its next Thursday. My question is what is a show cause, do I need to appear, and can I appear? What are the chances that I will lose my case? I've won twice will I lose the third time. Does this mean the other party automatically gets a new trial? Does the judge have any documentation from the previous case that was presented before him? Does he review it and then decide? What happens if I do not receive this letter from the other party? Unfortunately this is a case where I am suing the town which I live in for property damage that was done to my car.What is the name of your state (only U.S. law)?
 


BL

Senior Member
A Guide to Small Claims Court

SHOULD I CHOOSE A JUDGE OR AN ARBITRATOR?

In Town and Village Courts and in many other courts, only judges are available to try cases. However, in New York City, Nassau and Westchester counties, the cities of Buffalo and Rochester, and some other locations, both judges and arbitrators are available to try cases.

An arbitrator is an experienced lawyer who serves without pay. Where arbitrators are used, there usually are many arbitrators available and only one or two judges. Your case can be tried by an arbitrator if both sides agree. If you and the defendant agree to have your case heard by an arbitrator, the case probably will be heard sooner because there are more arbitrators than judges.

Do not hesitate to have your case tried by an arbitrator. He or she will apply the same law to your case as the judge would apply. The hearing before an arbitrator is less formal, and you may not be as nervous as you might be before a judge. When an arbitrator determines a case, the decision is final and there is not further appeal by either the claimant or defendant.
Check your record carefully about arbitrator .

Show cause is that the defendant ( LL ) is trying to have the Judgment set aside .

You should have been noticed and the reason why .

Check with the clerk first to see the reason and why you weren't notified , then appear if need be .
 

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