Urgent -- I say again urgent -- request

[DieAnstifter]

What is the name of your state? Kansas

My Breach of Contract claim against a computer repair technician
was denied on the grounds that such persons do not provide guarantees. That is patently false. Every reputable computer repair person warranties his or her work.

I am considering an appeal, but -- as you know --that can get very complicated and I am told that (since 'twould be a civil suit) should I lose I could be assessed the defendant's legal expenses. Which (especially in light of what happened in Small Claims) gives me pause. I am a low income person, BTW.

My question becomes: Does an appeal on the grounds that the initial decision was based on a false premise have sufficient merit in and of itself?

There is much more, but 'twould take too much space to explain for present purposes.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Kansas

My Breach of Contract claim against a computer repair technician
was denied on the grounds that such persons do not provide guarantees. That is patently false. Every reputable computer repair person warranties his or her work.

=====================================


My response:

Patently false? That's a conclusion. You failed in your proof to the judge; e.g., bringing in an "expert" on the subject of computer warrantee, or a statute or case law, that would give you "grounds" for that "conclusion."

Judge's don't want conclusions or opinions when it is the Plaintiff that has the "burden of proof". Simply, you failed in your burden, and the defendant, who is a computer "repair person", had more credibility in his position than you did. You had your opportunity at the trial level, and you failed in proving your allegations with credible evidence. Since you can't proffer new evidence at the appeal level (because you failed to show the evidence at the trial level) your appeal will fail.

IAAL

 

[JETX]

"My Breach of Contract claim against a computer repair technician was denied on the grounds that such persons do not provide guarantees. That is patently false. Every reputable computer repair person warranties his or her work."
*** Though most do provide some assurance of quality, it is not inherent and a 'guarantee' is not automatic, nor is it a contractual breach.

"I am considering an appeal"
*** Unless you are talking 'big' bucks, save your money.

"Does an appeal on the grounds that the initial decision was based on a false premise have sufficient merit in and of itself?"
*** Assuming that this was heard in a small claims court (hence, this forum), an appeal really needs no basis in legal fact at all. Simply, file your appeal. However, you will have to appeal to a 'real' (higher) court that will require full formal requirements (Rules of Evidence, Rules of Court, etc.) which would normally indicate representation by an attorney. However, if you are appealing from a higher court, your appeal would need to be based on some judicial error in fact.

 

[Tercr6]

I am considering an appeal, but -- as you know --that can get very complicated

I'm not familiar with Kansas,but if it was not an accual transcribed trial ( in ny there are 3 phases ,1(small claims ) 2) if you fail-Trial dnova -transcibed trial ,starting from scratch ) 30 then appeals.
Ck with the clerk of small claims to see if thats how it operates in your state. Trial dnovas cost more to file,but since you start from scratch,you can do your homework,get documentation,prepare your argument.
If someone is advertizing expert repair and dont deliver,and you can get an estimate or 2 for the " same problem & repair " thats needed to fix the PC,then you have grounds to stand on.
But in reality if your PC worked after the fix,and then failed,and they dont offer garenties,it may not be worth your while.As they say you decide !!

 

[DieAnstifter]

First off, thanks for your response. However, 'tis not particularly germane. Most assuredly because I did not provide enough information. You will remember that I concluded my post by writing:

<<There is much more, but 'twould take too much space to explain for present purposes.>>

First off, I was not alleging a failure to honor a guarantee/warranty. Here was an issue introduced by the judge on his own hook in announcing his decision. Basically, he said that computer repair persons do not offer guarantees and that the amount of money involved ($59.01) was trivial. He *did* order that the defendant return a part he had replaced -- without authorization, be it known -- and that he had agreed to return after I had twice insisted that he do so. BTW, that is standard operating procedure among reputable (I say again, reputable) computer repair persons. Just as it is among, say, reputable auto repair persons.

Indeed, as I had made clear, 'twas his failure to honor *that* committment that impelled me to take him to small claims in the first place. As I told the court, I had been willing to eat his (ridulously small) charge for labor and parts but after a couple of months had passed -- during which he failed to repond to a couple of phone calls as well as an email -- and the part had not been returned as promised, I decided to take him to small claims just to teach him that he could not treat people this way with impunity. BTW again, altlhough the part had some value at the time I asked for its return, it was a worthless piece of junk to me by the time of the trial. So "thanks a bunch, judge!!!"

As for the business about guarantees, note that the judge did not aver that "not all computer repair persons gaurantee their work," nor that "some computer repair persons do not guarantee their work," nor that "computer repair persons are not required to guarantee their work." Rather, he made the sweeping generalization that "computer repair persons do not guarantee their work" which -- I say again -- is patently false no matter what legalisms you may legalize me!!!!!!!

There is still more. The defendant charged me for a new replacement part without any receipt showing that 'twas new, he gave me no invoice for his work, he gave a ridiculous explanation in court of that which he claimed to have done. For example, the evidence he offered for having gotten my LPT2 port (to which a printer was attached) working is that he performed a test. Well, yes he did. But 'twas a "self test" which is hardwired into the printer itself, is independent of the computer per se, and merely demonstrates that there is no mechanical malfunction. It says nothing about the function of the port to which the printer is attached. Further testing on my part showed that the latter was still on the blink. There is still more, but I begin to ramble.

To cut to the chase, should I pursue the appeal I will have to go pro se (Yes, yes, I know, I know!!! He who represents himself has a fool for a client.) So what I am actually looking for is someone who can perhaps guide me through the process. Like, say, read and critique my opening statement. I, of course, have further questions should you chose to continue with this colloquy

 

[HomeGuru]

First off, thanks for your response. However, 'tis not particularly germane. Most assuredly because I did not provide enough information. You will remember that I concluded my post by writing:

<<There is much more, but 'twould take too much space to explain for present purposes.>>

First off, I was not alleging a failure to honor a guarantee/warranty. Here was an issue introduced by the judge on his own hook in announcing his decision. Basically, he said that computer repair persons do not offer guarantees and that the amount of money involved ($59.01) was trivial. He *did* order that the defendant return a part he had replaced -- without authorization, be it known -- and that he had agreed to return after I had twice insisted that he do so. BTW, that is standard operating procedure among reputable (I say again, reputable) computer repair persons. Just as it is among, say, reputable auto repair persons.

Indeed, as I had made clear, 'twas his failure to honor *that* committment that impelled me to take him to small claims in the first place. As I told the court, I had been willing to eat his (ridulously small) charge for labor and parts but after a couple of months had passed -- during which he failed to repond to a couple of phone calls as well as an email -- and the part had not been returned as promised, I decided to take him to small claims just to teach him that he could not treat people this way with impunity. BTW again, altlhough the part had some value at the time I asked for its return, it was a worthless piece of junk to me by the time of the trial. So "thanks a bunch, judge!!!"

As for the business about guarantees, note that the judge did not aver that "not all computer repair persons gaurantee their work," nor that "some computer repair persons do not guarantee their work," nor that "computer repair persons are not required to guarantee their work." Rather, he made the sweeping generalization that "computer repair persons do not guarantee their work" which -- I say again -- is patently false no matter what legalisms you may legalize me!!!!!!!

There is still more. The defendant charged me for a new replacement part without any receipt showing that 'twas new, he gave me no invoice for his work, he gave a ridiculous explanation in court of that which he claimed to have done. For example, the evidence he offered for having gotten my LPT2 port (to which a printer was attached) working is that he performed a test. Well, yes he did. But 'twas a "self test" which is hardwired into the printer itself, is independent of the computer per se, and merely demonstrates that there is no mechanical malfunction. It says nothing about the function of the port to which the printer is attached. Further testing on my part showed that the latter was still on the blink. There is still more, but I begin to ramble.

To cut to the chase, should I pursue the appeal I will have to go pro se (Yes, yes, I know, I know!!! He who represents himself has a fool for a client.) So what I am actually looking for is someone who can perhaps guide me through the process. Like, say, read and critique my opening statement. I, of course, have further questions should you chose to continue with this colloquoy

**A: what is a colloquoy? Sounds like a dish ordered at a Chinese restaurant.