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.
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.