• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Judge violated my constitutional rights and showed bias in small claims case

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Im a girl by the way and my stuff was at her house in a utility trailer because my fiance had just died. And some of my stuff was in the garage. Thats what she kept.
Yes they are. I believe she was jealous of my friendship with my other best friend she always had been and thats what started the whole thing and the fact that she started a whole bunch of drama with my son and his ex wife and I told her to mind her own business because she has a problem with starting trouble. The money she owes me is money that she loaned me for a car. I didnt ask to borrow money she offered. It was for $2200 . i gave her my child support card( i get back child support for my son) she set up the account on it and kept the card. Mind you i never got it every month . 3 yrs had gone byand my other best friend told me. I needed to check my account because it should have been paid off a long time ago. When we got into the fight i looked into my child support account and i had overpaid her by $8000. I never thought she would do that to me.
 
So there is nothing I can do about my rights being violated? Im not so much concerned about the small claims case, its only money and material things..Im more concerned with the judge.My greatgrandfather retired from the navy my stepfather retired as commander in the navy at the pentagon , 2 of my step brothers are in the navy my uncle served in vietnam my brother was a marine and just retired as a sheriff in florida my best friends uncle who just passed away last year was a congressional medal of honor recipient. My daughter served 4 years in the navy. They fought for mine and everyone elses constitutional rights and for this judge to be able to violate those rights, Im sure im not the only one he has done this to, is an outrage. There has to be something that can be done
 

Zigner

Senior Member, Non-Attorney
So there is nothing I can do about my rights being violated? Im not so much concerned about the small claims case, its only money and material things..Im more concerned with the judge.My greatgrandfather retired from the navy my stepfather retired as commander in the navy at the pentagon , 2 of my step brothers are in the navy my uncle served in vietnam my brother was a marine and just retired as a sheriff in florida my best friends uncle who just passed away last year was a congressional medal of honor recipient. My daughter served 4 years in the navy. They fought for mine and everyone elses constitutional rights and for this judge to be able to violate those rights, Im sure im not the only one he has done this to, is an outrage. There has to be something that can be done
I understand that you feel your rights were violated. I'm not sure I agree, but I understand that's how you feel.
 
He is what is wrong with our judicial system. Had i not had proof of my claims and It was just my word against hers and the judgement went in her favor i could understand that but that wasnt the case. Once he heard about my past thats all he was concerned with. She even admitted to some of the money and having my belongings and he still ruled in her favor.
 
During the hearing after he seen the pictures he just wanted to know about my drug use i had never lied about my past drug use i have always been open with everyone about it. I never dreamed that it would be an issue because it had nothing to do with my case. And then told me i couldnt speak anymore. I wasnt allowed to participate. Thats not violating ny rights?
 

Zigner

Senior Member, Non-Attorney
During the hearing after he seen the pictures he just wanted to know about my drug use i had never lied about my past drug use i have always been open with everyone about it. I never dreamed that it would be an issue because it had nothing to do with my case. And then told me i couldnt speak anymore. I wasnt allowed to participate. Thats not violating ny rights?
No, it's not violating your constitutional rights. Was there some error in the application of the law? Possibily, but it doesn't matter, since you gave up the right of appeal by pursuing this in small claims.
 
I had no idea at the time that they didnt use transcripts, nor did I know that that particular judge was going to be hearing the case.It was supposed to be a different judge.Had i known this judge was going to hear it I would have done some homework on him and would have asked for a different court date because he used to be a deputy district attorney with a 100% conviction rate which is unsettling to me. I thought he was the judge that was assigned I didnt know until a couple of days after that he wasnt the assigned judge
 

Zigner

Senior Member, Non-Attorney
I had no idea at the time that they didnt use transcripts, nor did I know that that particular judge was going to be hearing the case.It was supposed to be a different judge.Had i known this judge was going to hear it I would have done some homework on him and would have asked for a different court date because he used to be a deputy district attorney with a 100% conviction rate which is unsettling to me. I thought he was the judge that was assigned I didnt know until a couple of days after that he wasnt the assigned judge
It sounds like your case may have been heard by a Judge Pro Tem (a court appointed temporary judge). Is that the case? If so, then you signed a form before your case started stating that you consented to this.
 
I had no idea at the time that they didnt use transcripts, nor did I know that that particular judge was going to be hearing the case.It was supposed to be a different judge.Had i known this judge was going to hear it I would have done some homework on him and would have asked for a different court date because he used to be a deputy district attorney with a 100% conviction rate which is unsettling to me. I thought he was the judge that was assigned I didnt know until a couple of days after that he wasnt the assigned judge
I strongly urge everyone to watch Ted Talks a prosecutors vision and how a judge can show respect. This is how are judicial system should be modeled
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top