Small claims appeal procedure help!!!

[klyncher]

What is the name of your state? RI
I am appeling a small claims case I lost through RI superior court. I'm also representing myself with no legal counsel and I dont really know what to do. I briefly consulted with an attorney who said said that the court notifies the plaintiff about my appeal and I must wait for an answer and that there are motions /documents/ interrogatories requests,etc. THe problem is dont know when, how or what is the correct manner.

THe court clerks office cant give me a definitive answer on procedures (what to expect once I filed an appleal) and insist I must simply wait for a hearing date.
I subsequently spoke to the clerks manager who informed me that I MUST ALSO NOTIFY the Plaintiff that I have appealed ! . I thought this was done by the court automatically as in small claims. Now, I fear the deadline for notificatioin may have expired. I filed on 7/6/06 however the superior court has the appeal date as 7/12/06. I did voice to the judge and plaintiffs of my intention to appeal after the small claim decision was rendered.

I've inquired with legal aid, legal referral services, legal volunteer services,etc ,etc etc and there isnt any help out there for those trying to represent themselves in civil court.

I just need some advice or low cost /free legal resources which can guide and explain what to do during the appeal process including how to notify the plaintiff properly, timelines for notification, what kind of motions or document request can I make , how , why and when,etc.
If no one knows the procedure I would appreciate any online resources to get this information. I cant go to my state's library because I live in a different state (NJ) and I cant afford an attorney nor will it be cost effective since the judgment is for $1550 (breach of contract ) and attorney fees would definitely exceed this amount.

I thank anyone with any advice or information I could use.

HELP!!!!!

 

[JETX]

I cant afford an attorney nor will it be cost effective since the judgment is for $1550 (breach of contract ) and attorney fees would definitely exceed this amount.

Then why did you appeal???

Anytime you consider appealing a court decision, you have to factor in the cost, time, energy, etc. If you can't afford any of them, accept the fact that you lost and move on. 'Standing on principle' is NOT cheap.

 

[klyncher]

I appealed the same day I lost 7/6/06 . I announced to the court I was appealing the decision, I paid the fees/filed the appeal immediately.
A friendly attorney was kind enough to fax me forms to send to the plaintiff to assist with the case such as production of documents, interrogatories, etc.

You're right in that it may not be cost effective to fight this based on principle, however I figured if I do it myself perhaps it will be done with a 1 day trial/hearing or have it dismissed (if there is such a thing)on the grounds of not being licensed and misrepresentations.

I think I have a good chance of winning the appeal based on the that one of the reasons the plaintif lost one of the 2 counts they sued for, is that they were not able to present a contractor license as requested by the judge , so the judge explained they wouldnt be entitled to any payment for work performed without proper licensing/insurance and even announced that he was notifying the attorney general of their violation. The plaintiff opted to dispose of the case during the hearing.

As for the other count which I lost, I presented to the judge an email from RI Realestate Commission confirming that they were also in in violation for conducting realestate services (prop management and rental services)without a brokerlicense but the email failed to describe the violation. It simply quoted the violation number or rule violation and the judge didnt bother looking it up.
The plaintiff claimed they did not need a license for their services and the judge believed them!!. The judge barely read the email and/or ignored it, which in my opinion appeared informal and even had typo errors (I accepted it from the RE administrator out of desperation and it backfired).
I recently requested and awaiting an official / notorized letter from the RE Commission confirming the violations by the plaintiffs which I have verified numerous times to make sure.

A realestate attorney told me if they can't produce a realestate license which I can demand through production of documents I could have good grounds to win the appeal.
Also I do want to make a point to the plaintiffs who took advantage with their services and assumed I wouldnt fight back since I lived 6 hrs away and they knew I was going through difficult financial times caused by the property they were servicing.

 

[klyncher]

I have searched for hours for any type of online or local resources for legal self representation to no avail. I've even checked for legal/court coaching, legal assistance, legal consulting , prepaid legal services, paralegal services,etc trying to ensure I'm following the proper civil procedures and I just cant find anything.

I cant believe this. Its near to impossible trying to find anything in a small state like Rhode Island .

I'm trying to determine if I need to notify the plaintiff's that I am appealing .Iam not sure if the appeal I filed and paid for constitutes the notice of appeal or do I need to file/send a separate notice of my intention to appeal. I've managed to find a couple of formats for this notice however I cant seem to find out if this must be filed or not?????? The instructions also say they must be filed within 20 days (alsready expired) of appeal filing (7/6/06).

When I filed the appeal at the district court I was told by the clerk just wait for your hearing date.
I've been told this also by the superior court clerks (who appear NOT to be knowledgeable about court process). The court manager did say I have to notify the plaintiff but I dont think he understood what kind of appeal I had (small claims appeal) and cant get anyone knowledgeable to answer my questions. Not sure if the small claims appeal to superior court differs from a superior court appeal initiated in superior court.

Please help anyone**************.!!!
Do I need to file a "notice of appeal" or not in Rhode Island?

thanks!!

 

[You Are Guilty]

I don't know for certain, so why not just send it to the plaintiff anyway? The worst that can happen is you're out $0.39 and a few minutes spent typing it up. Cover all your bases.

 

[klyncher]

Right, I do agree in sending it anyway, however I am concerned about the right form or format to send the notice. After reviewing the form 17 I found online I realized it happens to be for Bankrupcy court.
I 've been told also that notices/documenst not sent in the correct format or procedure can be considered invalid .
So , I'm back to square one.
I'll try to NAtional Bar Association for any resources I can use.

 

[acmb05]

Right, I do agree in sending it anyway, however I am concerned about the right form or format to send the notice. After reviewing the form 17 I found online I realized it happens to be for Bankrupcy court.
I 've been told also that notices/documenst not sent in the correct format or procedure can be considered invalid .
So , I'm back to square one.
I'll try to NAtional Bar Association for any resources I can use.

Why not try the county courthouse online where you filed. Quite a few have the forms you need to do this. You open it in PDF format and fill in the info, print it out and mail it off.

 

[klyncher]

Unfortunately, the Superior court doesnt offer the form online as Small claims court does. THere are numeours resources for Small Claims , however its almost non existent for higher courts. I guess they assume you would have a lawyer.

I called the clerks office again and explained that aparently I failed to notify the plaintiff of my appeal. THe clerk again wasnt sure, he asked around and assured me that they do send a copy of the appeal form I filed to the plaintiffs with a "green card" I think he meant certified mail???

Anyway, I left a message for the Clerk Administrator/Magistrate to call me back to get a clarification of the process.
THe clerk office again said that the plaintiff has to pursue the appeal?? It doesn make any sense. I am the one filing and pursuing the appeal .I dont want to sit around indefinitely to see if they're going to proceed and have this judgement affect my credit.
THis is the 2nd clerk who has said this to me. they claim since I lost small claims and have a judgement its up to the plaintiff to proceed.

I contacted the Real Estate commission on a complaint I'm filing against the plaintiff for violating RE rules and performing realestate services without a license. l was also advised by the RE Commission that I could file suit against the unlicensed agent(s) in ciivil court for not having a license,its a misdemeanor.
I really dont want to go that far , however I would like to know how or if I can use this new fact and information as a tactic to persuade them to drop the small claims judgement. This mgmt co is so deceptive and unprofessional and I would like to teach them a lesson or two.

Can I request a review of the small claims decision on the basis of new evidence (unlicensed agent) ??.
The judge did say that if they were not licensed they wouldnt be entitled to any payment, however, the judge chose to believe them over me when I explained they were not licensed. THe plaintiff claimed they didnt need a realtor license for property mgmt and rental services. I didnt dispute it since I didnt know if it was true or not and I naively assumed they knew what they were saying under oath and in court. I've since verified and confirmed with RI RE commission that "property management" and rental servcies falls under the same category as realtor and requires a real estate license which they admitedly dont posses.

HELP!!!!
How can I win this case quickly without a lawyer??