What is the name of your state? Detroit, Michigan
Short version: Is there basis under which one could appeal a judge's decision in small claims. Defendant admistted to theft in open court but confused the issue so much with slanderous attacks not germaine to the case, that even the judge got confused. He allowed last second evidence which I never got a chance to address, and skipped the issue of the theft of my mail entirely.
Novel: I am a divorced father of 2 young girls 5 & 8. I had been engaged to marry a woman "Camilla" with whom I had dated with for 3 months and then resided for several months. I moved in just before we got engaged (10/04). Despite having many financial obligations due to my divorce I paid $1,000+ per month for ALL groceries, entertainment, dinners out, and misc utilities unasked, as well as gave her teenage son hundreds of dollars outright, a car, clothes, video games, spending cash, etc. I found out that she was estranged from her other 2 sons (1 a pot-smoking punker who stole from us and the other was a SEX OFFENDER!) who didn't live with so I tried not to give her grief over this (she claimed it was all ex's fault).
When my mother moved she gave us several appliances (washer/dryer, fridge) predicated on the fact that we were to be married. My Contractor job allowed me to sub out work to her for $25 an hour. She got in an accident and lost her $7.50 an hour job and was no longer able to work w me. I was unable, however to pay ALL her bills and 2 mortgages (she had an unrented investment property) so she had to dip into part of the $20,000 she had in the bank pending her car accident suit (other driver at fault). This went on for 3 of the 3 1/2 months I lived with her. During this time I also fixed up her house and rental property, advertised it at no cost to her, located tenants, did background checks, and met w/ employers, rented out (this covered her mortgage now). She then got a $15 dollar an hour job at a financial frim and intimated how the bosses all flirted with her.
I wasn't comfortable with this and told her that beginning March 2005 I would be moving out. I took to spending the nights at my sisters that month but only took my computer to check e-mails and search for apartments. I found a place, but 2 weeks later when I was to move in I came to find that there was a mix up and my 'reseved apartment' had been rented out. I found another due to vacate in 2 more weeks and put a deposit to hold it, made arrangements for my friend in the upper penninsula, a cancer survivor and small business owner, to come help me move, and informed 'Camilla' that I would be back in the beginning of april to pick up my belongings and asked for my mail, she said I had none (not even junk mail?!?).
When we went by her house in April we found notes taped to the door stating the locks were changed and that "Everything was out" (nothing was) "Leave forwarding address and she would send mail, and that I owed her money per a spreadsheet she invented (the implied threat that she would keep all my worldly possessions unless I paid her $3K!!!) When I knocked she informed me that "Possession is 9/10th's the law, She was going to report her son's car stolen (I had been driving it since shortly after his B-day when my car's motor seized taking him to soccer practice, I had tried to teach him to drive it, a stick shift, and he didn't like it and burned up the electrical system somehow [I fixed it for him, but they 'gave it back to me in all but title]). As I had no other transportation right then I paid her $350 for my car's title back and asked for my mail and stuff, she refused until I paid her "the money I (supposedly) owed her. I couldn't cave to this extortion, so left. She was also leaving and almost ran my friend and I down! I filed suit and in retaliation she filed a counter-claim for $3K as a red herring to offset my original, legitimate claim.
The first case went before a magistrate. She slandered me saying among other things that she had to buy my daughters clothes, supposedly since I didn't (She bought some summer clearance clothes from her job at Kohl's where she applied employee discount and saved them for Christmas) and perjured herself in court claiming that I had agreed to pay 1/2 of her mortgage(s). The one truth she told (sort of) was that I had offered to dismiss my case and go on the "Judge Judy" show (they apparently looked up the case and offered to pay all expenses plus an appearance fee), so no matter what, neither side would pay out of pocket (I fully expected to win since I was the only party in the suit um, who wasn't a perjurying extortionist thief). She claimed that I sought out the Judy" show and this infuriated the magistrate for some reason (Ican't help who contacts ME?!) The Magistrate claimed this was an "un-married divorce", said her claim was 'baseless' (true) but that since it was my word vs. her I hadn't met my burden, and both cases were dismissed.
I appealed the Magistrates decision and a judge was set to hear the case. It was delayed twice (I don't know if by her request) and we finally went to Judge Terrence Brennan's court on Aug 2nd 2005. We pled our cases. I was quiet, concise and professional while she rambled on beligerantly. She REVERSED her position from previous trial and admitted to stealing my mail (still never returned!), tools (which is my livelihood), appliances ('wedding gift' from mom), and that she had returned my saw she bought me for birthday and clothes that she bought my daughters for christmas (that she was so keen to brag about to the judge, they never even got a chance to wear) but had returned my daughters bed, toys and bikes, (in May - to minimize judge's sympathy for me) and she claimed that she was entitled to keep my property for non-payment of rent.
Now after both sides had responded she asked to submit some receipts (which I never got to review or even RESPOND TO, most unfair) including some for moving vans and expenses for moving into and out of her house (I work for a moving company and boss loaned me the truck for move in - I have chauffuers - and my friend from U.P provided his uncles flatbed trailer, so I don't know who she moved or on what date, judge had already made decision). She misrepresented almost all the facts (except those she now owned up to, the theft of mail and property) including that 'camilla' and her friend helped me move w/o pay (her friend has cerebral palsy and merely picked out a few items I was giving away, and 'Camilla' was still on light duty from accident and 'supervised' on one day of multiday move). I did also give a pastor friend of hers a few kitchen items (which I thought I would no longer need) and she made in part my generosity on the move-in the basis of retaining my property on the move out, that I was giving "everything" away.
The judge said even IF he believed me (Um, I had receipts and she ADMITTED to prior perjury and theft of our property) that I hadn't adequately proved my case (no, he's right, she ADMITTED IT!!!) and that there was a presumption that I would pay 1/2 of her mortgage(s) even if we had never made any expressed arrangements thereto (In fact she did EXPRESSLY request that I pay anything BUT the mortgage until we get married and put my name on the house(s). I thought that sounded so honest that I went out of the way to make sure that I (and my daughters) were never a burden.)
I made a small move to raise my hand to ask to see the bogus receipts or counter the new slew of lies, but he made it clear that he had heard enough and reached his (premature) decision. For awhile I was dumbstruck at the injustice of not being able to address these last second accusations and by the growing feeling that he was going to award HER damages (If he wasn't biased, then why wouldn't he have either cut her off (if he made decision) or allow me the 2 minutes rebuttal?!? Next thing I knew he reaffirmed the original ruling and dismissed both cases!
My Question: How do you enforce a non-existant contract (or use it as a basis for negating original claim)? If all the money I was throwing at her teenage son (including a car) wasn't enough, then I don't know what WOULD be half. If the judge wasn't (grossly) in error, do I have any other recourse for the ADMITTED theft (perhaps such as filing a different case or at least notifying the postmaster at least to get the mail (Judge never addressed it even though it was brought up in both cases, I mean, isn't that like a federal offense or something?!?!)
Short version: Is there basis under which one could appeal a judge's decision in small claims. Defendant admistted to theft in open court but confused the issue so much with slanderous attacks not germaine to the case, that even the judge got confused. He allowed last second evidence which I never got a chance to address, and skipped the issue of the theft of my mail entirely.
Novel: I am a divorced father of 2 young girls 5 & 8. I had been engaged to marry a woman "Camilla" with whom I had dated with for 3 months and then resided for several months. I moved in just before we got engaged (10/04). Despite having many financial obligations due to my divorce I paid $1,000+ per month for ALL groceries, entertainment, dinners out, and misc utilities unasked, as well as gave her teenage son hundreds of dollars outright, a car, clothes, video games, spending cash, etc. I found out that she was estranged from her other 2 sons (1 a pot-smoking punker who stole from us and the other was a SEX OFFENDER!) who didn't live with so I tried not to give her grief over this (she claimed it was all ex's fault).
When my mother moved she gave us several appliances (washer/dryer, fridge) predicated on the fact that we were to be married. My Contractor job allowed me to sub out work to her for $25 an hour. She got in an accident and lost her $7.50 an hour job and was no longer able to work w me. I was unable, however to pay ALL her bills and 2 mortgages (she had an unrented investment property) so she had to dip into part of the $20,000 she had in the bank pending her car accident suit (other driver at fault). This went on for 3 of the 3 1/2 months I lived with her. During this time I also fixed up her house and rental property, advertised it at no cost to her, located tenants, did background checks, and met w/ employers, rented out (this covered her mortgage now). She then got a $15 dollar an hour job at a financial frim and intimated how the bosses all flirted with her.
I wasn't comfortable with this and told her that beginning March 2005 I would be moving out. I took to spending the nights at my sisters that month but only took my computer to check e-mails and search for apartments. I found a place, but 2 weeks later when I was to move in I came to find that there was a mix up and my 'reseved apartment' had been rented out. I found another due to vacate in 2 more weeks and put a deposit to hold it, made arrangements for my friend in the upper penninsula, a cancer survivor and small business owner, to come help me move, and informed 'Camilla' that I would be back in the beginning of april to pick up my belongings and asked for my mail, she said I had none (not even junk mail?!?).
When we went by her house in April we found notes taped to the door stating the locks were changed and that "Everything was out" (nothing was) "Leave forwarding address and she would send mail, and that I owed her money per a spreadsheet she invented (the implied threat that she would keep all my worldly possessions unless I paid her $3K!!!) When I knocked she informed me that "Possession is 9/10th's the law, She was going to report her son's car stolen (I had been driving it since shortly after his B-day when my car's motor seized taking him to soccer practice, I had tried to teach him to drive it, a stick shift, and he didn't like it and burned up the electrical system somehow [I fixed it for him, but they 'gave it back to me in all but title]). As I had no other transportation right then I paid her $350 for my car's title back and asked for my mail and stuff, she refused until I paid her "the money I (supposedly) owed her. I couldn't cave to this extortion, so left. She was also leaving and almost ran my friend and I down! I filed suit and in retaliation she filed a counter-claim for $3K as a red herring to offset my original, legitimate claim.
The first case went before a magistrate. She slandered me saying among other things that she had to buy my daughters clothes, supposedly since I didn't (She bought some summer clearance clothes from her job at Kohl's where she applied employee discount and saved them for Christmas) and perjured herself in court claiming that I had agreed to pay 1/2 of her mortgage(s). The one truth she told (sort of) was that I had offered to dismiss my case and go on the "Judge Judy" show (they apparently looked up the case and offered to pay all expenses plus an appearance fee), so no matter what, neither side would pay out of pocket (I fully expected to win since I was the only party in the suit um, who wasn't a perjurying extortionist thief). She claimed that I sought out the Judy" show and this infuriated the magistrate for some reason (Ican't help who contacts ME?!) The Magistrate claimed this was an "un-married divorce", said her claim was 'baseless' (true) but that since it was my word vs. her I hadn't met my burden, and both cases were dismissed.
I appealed the Magistrates decision and a judge was set to hear the case. It was delayed twice (I don't know if by her request) and we finally went to Judge Terrence Brennan's court on Aug 2nd 2005. We pled our cases. I was quiet, concise and professional while she rambled on beligerantly. She REVERSED her position from previous trial and admitted to stealing my mail (still never returned!), tools (which is my livelihood), appliances ('wedding gift' from mom), and that she had returned my saw she bought me for birthday and clothes that she bought my daughters for christmas (that she was so keen to brag about to the judge, they never even got a chance to wear) but had returned my daughters bed, toys and bikes, (in May - to minimize judge's sympathy for me) and she claimed that she was entitled to keep my property for non-payment of rent.
Now after both sides had responded she asked to submit some receipts (which I never got to review or even RESPOND TO, most unfair) including some for moving vans and expenses for moving into and out of her house (I work for a moving company and boss loaned me the truck for move in - I have chauffuers - and my friend from U.P provided his uncles flatbed trailer, so I don't know who she moved or on what date, judge had already made decision). She misrepresented almost all the facts (except those she now owned up to, the theft of mail and property) including that 'camilla' and her friend helped me move w/o pay (her friend has cerebral palsy and merely picked out a few items I was giving away, and 'Camilla' was still on light duty from accident and 'supervised' on one day of multiday move). I did also give a pastor friend of hers a few kitchen items (which I thought I would no longer need) and she made in part my generosity on the move-in the basis of retaining my property on the move out, that I was giving "everything" away.
The judge said even IF he believed me (Um, I had receipts and she ADMITTED to prior perjury and theft of our property) that I hadn't adequately proved my case (no, he's right, she ADMITTED IT!!!) and that there was a presumption that I would pay 1/2 of her mortgage(s) even if we had never made any expressed arrangements thereto (In fact she did EXPRESSLY request that I pay anything BUT the mortgage until we get married and put my name on the house(s). I thought that sounded so honest that I went out of the way to make sure that I (and my daughters) were never a burden.)
I made a small move to raise my hand to ask to see the bogus receipts or counter the new slew of lies, but he made it clear that he had heard enough and reached his (premature) decision. For awhile I was dumbstruck at the injustice of not being able to address these last second accusations and by the growing feeling that he was going to award HER damages (If he wasn't biased, then why wouldn't he have either cut her off (if he made decision) or allow me the 2 minutes rebuttal?!? Next thing I knew he reaffirmed the original ruling and dismissed both cases!
My Question: How do you enforce a non-existant contract (or use it as a basis for negating original claim)? If all the money I was throwing at her teenage son (including a car) wasn't enough, then I don't know what WOULD be half. If the judge wasn't (grossly) in error, do I have any other recourse for the ADMITTED theft (perhaps such as filing a different case or at least notifying the postmaster at least to get the mail (Judge never addressed it even though it was brought up in both cases, I mean, isn't that like a federal offense or something?!?!)
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