What is the name of your state? New York State
Recap : On Feb , 05,2004 a small claims hearing was held.
On Feb,13,04 a decision was mailed of an award to me of $201.39.
A M/O was sent to me by the Defendant in that amount.
On 3/11/04 I filed for a Trial De Novo. Hearing held on Apr.,02,04.
The Judge said I couldn't bring up what was said at the DMV hearing,only what I knew.
Today 5/17/04 I received the City Court Judges Decision, and award
Of $559.25 . It stated I could now cash the $201.00 Leaving a net Judgment of $384.24 .
I had a DMV hearing on Apr,01,04 that resulted in a finding by that Administrative Law Judge findings of FRAUDULENT PRACTICES by the defendant ( used car dealer ) and ( the inspection station ). Both were given fines by the state . I received these findings dated Apr. 23,04.
On the DMV restitution form it stated If I wanted to recover addition actual ,incidental,or punitive damages I must sue in civil court.
The Latest City Court ruling sited substantive Justice. I don't think if I appealed I could prevail on what was testified to.I did not ask for punitive damages at that hearing.
Questions ? Can I now go back to small claims and sue for punitive damages and if so for what amount ?
The DA's office is reviewing the Fraud . I really think I deserve more that I was awarded, especially where fraud was involved .
Recap : On Feb , 05,2004 a small claims hearing was held.
On Feb,13,04 a decision was mailed of an award to me of $201.39.
A M/O was sent to me by the Defendant in that amount.
On 3/11/04 I filed for a Trial De Novo. Hearing held on Apr.,02,04.
The Judge said I couldn't bring up what was said at the DMV hearing,only what I knew.
Today 5/17/04 I received the City Court Judges Decision, and award
Of $559.25 . It stated I could now cash the $201.00 Leaving a net Judgment of $384.24 .
I had a DMV hearing on Apr,01,04 that resulted in a finding by that Administrative Law Judge findings of FRAUDULENT PRACTICES by the defendant ( used car dealer ) and ( the inspection station ). Both were given fines by the state . I received these findings dated Apr. 23,04.
On the DMV restitution form it stated If I wanted to recover addition actual ,incidental,or punitive damages I must sue in civil court.
The Latest City Court ruling sited substantive Justice. I don't think if I appealed I could prevail on what was testified to.I did not ask for punitive damages at that hearing.
Questions ? Can I now go back to small claims and sue for punitive damages and if so for what amount ?
The DA's office is reviewing the Fraud . I really think I deserve more that I was awarded, especially where fraud was involved .
Last edited: