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Small Claims suit turned out badly. Do I have a chance if I appeal? Should I appeal?

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Macpark

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

Hi,

I was the plaintiff in a small claims suit yesterday that was heard in front of a magistrate and he judged against me. I have seven days to file an appeal to have my case heard in front of a judge.

The defendant LIED repeatedly, under oath. Basically I was suing for medical expenses from when the defendant attacked me. The attack was very quick -- 2 minutes at the most -- but the defendant had written a "prepared statement" and claims we had an actual conversation.

The magistrate was also SUCH a jerk (even my pastor who accompanied me said so, though in a nicer way, of course). He was an elderly guy who shouted, interrupted, and pontificated on and on, just to hear himself speak. But that's neither here nor there, it's just the way it was.

The magistrate chose to focus on legal action the defendant filed against ME on July 23, 2010, rather than the assault which occurred on June 16, 2007 (there is a 5 year statute of limitations for domestic violence assault in Michigan). I had these small claims forms completed for two years, but after July 23, 2010, I was sick of being harassed by the defendant, so I got the courage to finally submit them.

If I appeal, of course I won't say negative things about the magistrate to the judge, but I will point out the lies the defendant told, which were pretty BIG lies. I tried to refute the lies to the magistrate but he was shouting so loudly I thought he was going to have a stroke, a heart attack, or both. So I kept quiet.

Do I have a chance? Any help will be appreciated. I was just SO UPSET.

P.S. The magistrate did say that the words exchanged in the hearing will NOT be part of the record if I decide to appeal. Of course, I'm sure the judgment will be part of the record, and if it's not, the defendant most certainly will mention it, and I want to take the chance to mention in my "prepared statement" every lie he told and the fact that I told the truth.
 


BL

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

Hi,

I was the plaintiff in a small claims suit yesterday that was heard in front of a magistrate and he judged against me. I have seven days to file an appeal to have my case heard in front of a judge.

The defendant LIED repeatedly, under oath. Basically I was suing for medical expenses from when the defendant attacked me. The attack was very quick -- 2 minutes at the most -- but the defendant had written a "prepared statement" and claims we had an actual conversation.

The magistrate was also SUCH a jerk (even my pastor who accompanied me said so, though in a nicer way, of course). He was an elderly guy who shouted, interrupted, and pontificated on and on, just to hear himself speak. But that's neither here nor there, it's just the way it was.

The magistrate chose to focus on legal action the defendant filed against ME on July 23, 2010, rather than the assault which occurred on June 16, 2007 (there is a 5 year statute of limitations for domestic violence assault in Michigan). I had these small claims forms completed for two years, but after July 23, 2010, I was sick of being harassed by the defendant, so I got the courage to finally submit them.
If I appeal, of course I won't say negative things about the magistrate to the judge, but I will point out the lies the defendant told, which were pretty BIG lies. I tried to refute the lies to the magistrate but he was shouting so loudly I thought he was going to have a stroke, a heart attack, or both. So I kept quiet.

Do I have a chance? Any help will be appreciated. I was just SO UPSET.

P.S. The magistrate did say that the words exchanged in the hearing will NOT be part of the record if I decide to appeal. Of course, I'm sure the judgment will be part of the record, and if it's not, the defendant most certainly will mention it, and I want to take the chance to mention in my "prepared statement" every lie he told and the fact that I told the truth.
Was there a countersuit involved ?
 

Macpark

Junior Member
There was no domestic violence in 2010. There was another civil suit in 2010 filed by the defendant, and yes, he obtained a judgment, even though the entire suit was bogus and replete with lies, but I was unable to defend myself against those lies (I also received poor legal advice from my attorney, and afterward he actually refunded me all of my money because he knew how badly he had done his job).

Yes, I was attacked by the defendant in 2007, and I sustained injuries and have medical documentation. The magistrate said, "You went to the hospital because you chose to go, even if you couldn't move your neck and were in pain, you CHOSE to see a doctor!"

I guess he didn't believe in seeing doctors when injuries occur. I don't know.

I just wonder if I should appeal, and prepare a statement, refuting the lies told yesterday before the defendant has a chance to speak. I have 7 days to appeal to have the suit heard in front of a judge.
 

BL

Senior Member
There was no domestic violence in 2010. There was another civil suit in 2010 filed by the defendant, and yes, he obtained a judgment, even though the entire suit was bogus and replete with lies, but I was unable to defend myself against those lies (I also received poor legal advice from my attorney, and afterward he actually refunded me all of my money because he knew how badly he had done his job).

Yes, I was attacked by the defendant in 2007, and I sustained injuries and have medical documentation. The magistrate said, "You went to the hospital because you chose to go, even if you couldn't move your neck and were in pain, you CHOSE to see a doctor!"

I guess he didn't believe in seeing doctors when injuries occur. I don't know.

I just wonder if I should appeal, and prepare a statement, refuting the lies told yesterday before the defendant has a chance to speak. I have 7 days to appeal to have the suit heard in front of a judge.
Appealing is your choice .
A prepared statement of prior proceeding " lies " will not be accepted .

You basically start from scratch .

Your conduct in court is important ,even though small claims is informal.

Speak clearly and loud enough to be heard but not overly loud.

Do NOT ramble.

Have your documents/proofs in order .

State your facts in order ( holding up your proof so the Judge knows you have it ).

DO-NOT interrupt the Judge. Do Not pee off the Judge.

If you are speaking and the Judge interrupts to ask questions ,immediately be quiet and listen and answer.

Be clear and confident and try not to loose your thought on important issues .

The Judge at the ending may ask if there is anything else either wants to say.
 

Macpark

Junior Member
Thanks.

The defendant yesterday asked if he could read a prepared statement, and he read a one-page statement, most of which contained nothing about the case at hand.
 
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Macpark

Junior Member
Appealing is your choice .
A prepared statement of prior proceeding " lies " will not be accepted .

You basically start from scratch .

Your conduct in court is important ,even though small claims is informal.

Speak clearly and loud enough to be heard but not overly loud.

Do NOT ramble.

Have your documents/proofs in order .

State your facts in order ( holding up your proof so the Judge knows you have it ).

DO-NOT interrupt the Judge. Do Not pee off the Judge.

If you are speaking and the Judge interrupts to ask questions ,immediately be quiet and listen and answer.

Be clear and confident and try not to loose your thought on important issues .

The Judge at the ending may ask if there is anything else either wants to say.

When the defendant mentions the fact that this was already heard in small claims court and the magistrate ruled in his favor, how do I counter that?
 

BL

Senior Member
When the defendant mentions the fact that this was already heard in small claims court and the magistrate ruled in his favor, how do I counter that?
Well sometimes defendants do mention the prior ruling in there favor .

You were advised on another board .

The next trial is a do-over from scratch. You can certainly try your luck with the next judge.
Remind the court this is a trial de novo ( search it ).

Direct your remarks to the Judge, not the other party; Speak clearly and loudly enough to be heard; Maintain eye contact with the Judge; and Use exhibits wisely.
 

Macpark

Junior Member
How likely?

How likely is it for me to appeal a magistrate's decision in small claims court -- and have the judge rule in my faor?

I have more info no....

Please help
 

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