Appeals & their time limits. When filing gets rejected...

[Kristy Barnes]

Overwhelmed! When you send notice of appeal & it is rejected is the date of rejected appeal good to use? I'm doing E-File & it has been difficult understanding answers from the court so all my hard work is worthless cause they didn't count my initial filing date which was on time now it will be late.

 

[adjusterjack]

What state? What county? What court level was the original case in? What was the case about? What are your grounds for appeal?

Answer all that and maybe you'll get some helpful comments.

 

[Taxing Matters]

It matters in what state and type of court (district court, county court, or whatever) the case was tried, or if it is a federal court, exactly which federal court it is. It also matters why the appeal was rejected in the first place. Finally, what kind of case was this; what is the issue in the case?

 

[Kristy Barnes]

It matters in what state and type of court (district court, county court, or whatever) the case was tried, or if it is a federal court, exactly which federal court it is. It also matters why the appeal was rejected in the first place. Finally, what kind of case was this; what is the issue in the case?

 

[Kristy Barnes]

This started as tow hearing i requested. they towed my car from my private driveway & i went to jail reason being registration not in my name. Judge ruled in their favor. I objected to whole proceeding & said i would be appealing. So I look up procedures for appeal. Read somewhere I had to request findings of fact & conclusions of law, so i do then i submitted notice of appeal through e-file both rejected& then things got hairy with e-file cuz i was unable to navigate correctly through the e-file site & was unable to retrieve the answers or reasons for rejections...i emailed court & asked if i could go back to standard filing cuz of difficulty... that is what I'm attempting to do is get the info from those filings cause i was wondering same thing as to which appellate court I should be filing in...i know they arent supposed to help you but they flat-out don't give you NOTHING or the WRONG thing on your filing situation. the efile finally tells me, "We just file it." okay, so now i know they dont keep your filings. And i got email from court but upon trying to view one they already expired it so i was unable to retrieve any info. I'm not stupid, however, this is made extra difficult. I called e-file today & he tapped into my computer he did pull-up 1 of the reasons for rejection & it was due to me having wrong appellate court i believe, i am currently trying to find that info again but can not... i cant believe the state of Texas is

 

[Kristy Barnes]

I want my car back. I dont know what im doing & even attempted to retain an attorney (for filing help) but can't get one to touch it. My car was my first big step to get out of a 20 year abusive relationship. My kids & I are missing critical doctor & dental appointments amongst other things. Two attorney's tell me it isnt worth it being the case will cost more than my car. Well it's my only car so it's worth it to me. Gonna step away for a moment im seeing double!

 

[Zigner]

Why would you go to JAIL over this?
Is the car registered in your name?

 

[Kristy Barnes]

Overwhelmed! When you send notice of appeal & it is rejected is the date of rejected appeal good to use? I'm doing E-File & it has been difficult understanding answers from the court so all my hard work is worthless cause they didn't count my initial filing date which was on time now it will be late.

Overwhelmed! When you send notice of appeal & it is rejected is the date of rejected appeal good to use? I'm doing E-File & it has been difficult understanding answers from the court so all my hard work is worthless cause they didn't count my initial filing date which was on time now it will be late.

This is in Texas, Tarrant County, case started after pulled over (but made it to my home) was arrested & car towed from private driveway, reason given, "car not registered in my name", was not given a citation nor did tow co. leave anything as to who took my car. spent 2 days in jail. I finally obtained info from a Houston site about a "Tow Hearing" I also read the 10 day time limit is void if certain criteria are met...i met those criteria. I also read that they (city & tow truck co.) would have burden of proof. I got smeared @ hearing. Judge acting as attorney for other side, insisted i state why i was right first, he led the other side & basically handed them everything. There wasnt 1 first hand witness. He did not grant me judgement on fact my request was too late & he found they had probable cause. In shock all i could do was object to whole proceeding & state i would be appealing. Basis for appeal: No warrant. No probable cause nor reasonable suspicion. Took property w/o due process, 5th & 14th Amendments. Now my attempts to use e-file have caused me to go over time limit for appeal even though my rejected appeal made the time limit....hope i covered it.

 

[Kristy Barnes]

Iit.It was JoP court for Tarrant county, TX. I was pulled over as i pulled in driveway. Arrested & police called tow service to tow it out of my driveway. Reason given, "Registration not in my name". I was still addressing JoP court for my Notice of Appeal, i filed findings of fact & conclusions of law right before my notice of appeal they both were rejected I couldn't pull up what the rejections were about through e-file and then the clerk sent me another form for my notice of appeal with a reminder my count down was from date of hearing & it was not in PDF format, which is required format to send to court. (which confuses me, due to thats the format they insist you use & it takes me a bit to figure out how to transfer something into a different format)

 

[FlyingRon]

You need a lawyer, you're way out of your element. What you 'read' was incorrect. The "towee" is the one with the burden of proof at the hearing.
The tow time limit is 14 days, not ten (and Saturdays, Sundays, and holidays aren't counted). Cars displaying erroneous or fictitious tags (if that was has happened) is more than enough probable cause for the tow.

 

[Kristy Barnes]

Why would you go to JAIL over this?
Is the car registered in your name?

No i bought it used & never registered it. i have title & bill of sale. They had no paperwork & verbally while handcuffed I was told the reason I was going to jail was due to my car not registered. At hearing they threw in suspended license, no insurance. these other charges were not mentioned during arrest.

 

[Just Blue]

No i bought it used & never registered it. i have title & bill of sale. They had no paperwork & verbally while handcuffed I was told the reason I was going to jail was due to my car not registered. At hearing they threw in suspended license, no insurance. these other charges were not mentioned during arrest.

So you were driving an unregistered, uninsured car without a license?

 

[Kristy Barnes]

You need a lawyer, you're way out of your element. What you 'read' was incorrect. The "towee" is the one with the burden of proof at the hearing.
The tow time limit is 14 days, not ten (and Saturdays, Sundays, and holidays aren't counted). Cars displaying erroneous or fictitious tags (if that was has happened) is more than enough probable cause for the tow.

Am i the towee? No fake tags. When you look up probable cause, what is it you see? And the source, please. All I do is seek truth & not argument. From my understanding state statutes & codes do not take precedence over const. law. I know squat about procedure. I just know they are crooked as heck & what they did was totally against my God given rights, totally unlawful, illegal & against the state's & country's constitutions all done under the color of law. They are assuming everything. And can't get an attorney to touch this cuz my 2004 Dodge Neon is worth less than cost of trial. Well its all i got & my only way to anything.

 

[Just Blue]

Am i the towee? No fake tags. When you look up probable cause, what is it you see? And the source, please. All I do is seek truth & not argument. From my understanding state statutes & codes do not take precedence over const. law. I know squat about procedure. I just know they are crooked as heck & what they did was totally against my God given rights, totally unlawful, illegal & against the state's & country's constitutions all done under the color of law. They are assuming everything. And can't get an attorney to touch this cuz my 2004 Dodge Neon is worth less than cost of trial. Well its all i got & my only way to anything.

Were you driving the unregistered, uninsured car with no license?

 

[FlyingRon]

You're too emotionally involved to conduct an appeal on your own. Probable cause is not overly hard to generate. You've not managed to give us one shred of what you're talking about only what you're "not talking about."

You don't have to be guilty of the offense for which they had probable cause. Only that it was a reaonsable belief that you might be guilty. If they run the plates on the vehicle and they don't appear to match the vehicle or your license, that's probable cause.