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Judge Magistrate didn't do his job

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dawso008

Guest
Is there any recourse when you know the Small Claims Judge Magistrate didn't even take the time to read all the evidence in the case (submitted both before and during the hearing)? Is there any way to appeal a negative decision. I was the plaintiff and defendent was a individual small business owner. The judgment only provided the one line statement, "Judgment granted for the Defendent." Is this typical...no further information - no basis for the judgment?
Any assistance or guidance is appreciated.
 


JETX

Senior Member
Though exceptionally brief, the judgment pretty much said as it is... they won. I assume that this was done after hearing both sides of the case.

Since you didn't tell us where you are (see the RED text up at the top of the screen), we can't give you specific information.

Generally, either party has the right to appeal a Small Claims court (considered a lower court) to a higher court.
 
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dawso008

Guest
Halket said:
Though exceptionally brief, the judgment pretty much said as it is... they won. I assume that this was done after hearing both sides of the case.

Since you didn't tell us where you are (see the RED text up at the top of the screen), we can't give you specific information.

Generally, either party has the right to appeal a Small Claims court (considered a lower court) to a higher court.
I live in Indiana. Sad that after all the work and effort I put into the case, the Judge just took the quickest and easiest way through it. It would have meant more to me if the judgment would have at least shown how he came to his decision. During the hearing, the Judge indicated he had so much material from both sides to read and review that it would take him a week to 10 days to respond. Three months later (after repeat calls of inquiry), I receive the one line judgment advising the defendent wins. Nothing more, and it was rendered within a couple of hours after the hearing (the judgment letter was dated the same day of the hearing). I have no idea where this judgment was for three months, but I was told it must have gotten lost in the mail. At this point, I have no more energy for this. Thanks for the information, I'll not try a higher court - the case was less than $3K and quite frankly, I can't afford to take it higher. I'm just sounding off from frustration with the Small Claims process. If the Judge can get by with the one liner on the judgment, then I'm out of luck.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Steve, at least in California, a losing Plaintiff in Small Claims does not have the right of appeal.

And, speaking of appeals, if our writer feels "cheated" by a "one-liner" decision, he can only wonder how I feel when I get appellate decisions from the 2nd Appellate district saying two words: "Appeal Denied". No explanation. That's it. And, if he feels he's put in a lot of time with a Small Claims matter, just think how much time, energy and effort goes into the appeals process, when I only receive those two, lousy, words.

IAAL
 

JETX

Senior Member
In Texas, either party can appeal De Novo to a higher court. Small Claim is not considered a Court of Record.

At least you get two words... sometimes I just hear.. "Fat Chance!"

Best to you...
 
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dawso008

Guest
Halket said:
In Texas, either party can appeal De Novo to a higher court. Small Claim is not considered a Court of Record.

At least you get two words... sometimes I just hear.. "Fat Chance!"

Best to you...
Well, at least I know I am in good company. I don't think I have the energy to take this to higher court and it would be for the principle of the matter, given that the case is worth just less than $3K.

Thanks for the guidance and joining in on my pity party.

 

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