auroraopal
Junior Member
What is the name of your state?What is the name of your state? I live in California
I filed a small claims suit in Sept 2004 for storage fees and the balance owed on a loan. Prior to going to court I had made several attempts, in writing, to reach a resolution. The defendant refused to respond to any of my letters.
The defendant filed a counterclaim for the "value" of some of the items she had stored in my garage. The day of our hearing I brought the items she had listed in her counter claim to court with me. In additon to returning those items the Judge and I also made arrangements for her to pick up the rest of her things the following Sunday.
I didn't receive the Judge's decision until February18, 2005 The decision does not take into consideration the return of the items listed in the counterclaim. In his Statement of Decision the Judge acknowledges the fact the defendant admitted in court to owing me money however, since "it is next to impossible for the court to determine the actual purchase/sale value of those items that might be established between a willing buyer and a willing seller in an "at arms length" transaction. Because of these problems, the court has no choice but to find that the obligations between the parties cancel themselves out. Therefore the court leaves the parties in that condition in which it found them."
I contacted the local court to see if there was anything I could do and was told I should consider myself lucky I didn't owe anything on the counterclaim. Consider myself lucky? I returned the items, I didn't profit from them. It is my understanding when a defendant files a counterclaim the plaintiff has the right to file an appeal. Can I file an appeal? Is there anything I can do since the Judge's decision completely omitted the return of the items listed in the counterclaim?
I would apprecite any advice you could give me.
Thank you. Debbie
I filed a small claims suit in Sept 2004 for storage fees and the balance owed on a loan. Prior to going to court I had made several attempts, in writing, to reach a resolution. The defendant refused to respond to any of my letters.
The defendant filed a counterclaim for the "value" of some of the items she had stored in my garage. The day of our hearing I brought the items she had listed in her counter claim to court with me. In additon to returning those items the Judge and I also made arrangements for her to pick up the rest of her things the following Sunday.
I didn't receive the Judge's decision until February18, 2005 The decision does not take into consideration the return of the items listed in the counterclaim. In his Statement of Decision the Judge acknowledges the fact the defendant admitted in court to owing me money however, since "it is next to impossible for the court to determine the actual purchase/sale value of those items that might be established between a willing buyer and a willing seller in an "at arms length" transaction. Because of these problems, the court has no choice but to find that the obligations between the parties cancel themselves out. Therefore the court leaves the parties in that condition in which it found them."
I contacted the local court to see if there was anything I could do and was told I should consider myself lucky I didn't owe anything on the counterclaim. Consider myself lucky? I returned the items, I didn't profit from them. It is my understanding when a defendant files a counterclaim the plaintiff has the right to file an appeal. Can I file an appeal? Is there anything I can do since the Judge's decision completely omitted the return of the items listed in the counterclaim?
I would apprecite any advice you could give me.
Thank you. Debbie