Motion To Address Basis Of Claim For Public Record

[Reload]

What is the name of your state? Kansas Hi, I recently received a ruling on my behalf in a Small Claims case filed in Kansas against defendants living in Idaho. There were two issues listed in my petition that I filed against the defendants. One was refusing to give a refund upon me returning a defective firearm that I won at an on-line auction. The other issue was stating that the defendants commited fraud by misrepresentation of an on-line auction item. I furnished lots of documented proof concerning both of these issues. One of the defendants is an attorney himself and i can't help but think the judge hearing the case is protecting him from "Public Record". The issue of the defective gun, fraud and misrepresentation was not even addressed in the judges ruling. My question is: Either party has 10 days to appeal. I filed a "Motion To Address Basis Of Claim For Public Record". Will this motion extend the 10 days to file an appeal if the judge does not grant my motion? Also, does a judge have to address all issues concerning the basis of the claim when ruling? Also my appeal, if nessessary will not be against the defendants, but the judges act of deliberatley leaving relevant information out of the ruling so it will not be available to the public. Thanks

 

[justalayman]

You won your case and now you are not happy with how the judge ruled. You got what you asked for and now you want more. Why do you care what is on the public record and what isn't?

If the appeal is allowed, (which by my understanding is pretty much a given in small claims court in most states) you will be allowed to a re-trial, although my understanding here is that it is a trial de novo and the original trial becomes meaningless.

Either way, you are probably headed back to court to give it another shot.

Now my question to you; How are you going to collect a judgement in your state against the residents from another state?

 

[Reload]

Motion To Address Basis...

Thank you for your reply. In Dec. 2004 I won a gun at an on-line auction. The gun was defective. I contacted sellers. They said to return the gun and they would refund my money. I returned weapon and they received it on Jan. 7, 2005. I am still waiting for my money. I hope this explains my anger. The defendant is an LLC with 2 of its members being crooked attorneys. As for wanting this to be "Public Record", I can make life hell for these thieves. I have people waiting for this ruling. I want the ruling to explain the exact act these people have committed to show just what scum they are. As for collecting judgement. I have a couple of websites where these people offer guns for sale. They have informed me that they will not have people of this character conducting business through them. One website thes people have sold almost 700 guns. One of these sites will boot them off till the pay me. If this doesn't work, I will attack the LLC with a garnishment or what ever I need to do. I have threatened to use Public Record against them, because I will be able to use there personal names associated with the LLC due to the fact that they are listed with the State Of Idaho as members and owner of the LLC. They live in a town of about 6,000 folks and it won't be hard to make things tough for a crooked attorney that deals with the senior citizen market.

 

[racer72]

It is obvious to me the OP has very little knowledge of law and how it works.
1. Your Kansas judgment is worthless in Idaho. You will have to have your judgment domesticated in Idaho or bring a new lawsuit there.
2. Public record doesn't mean squat. All it means is that it is available to the general public, it does not give you the right to use in a manner that could cause harm to the other parties, even if it is the truth. The only decision the the judge had to make in your case was whether the defendants owed you money, everything else is irrelevent. Even the absolute truth won't stop them from suing for slander or defamation of character, and even if the truth causes harm, they will win.

Either go to law school and learn something or go talk to a real attorney before you do yourself anymore harm. It is painfully obvious you don't know what you are doing based on your posts.

 

[justalayman]

That is why I stopped where I did. It seemed to be a losing battle,,,,,,,,,,,,,,for those willing to give advice.

 

[divgradcurl]

2. Public record doesn't mean squat. All it means is that it is available to the general public, it does not give you the right to use in a manner that could cause harm to the other parties, even if it is the truth. The only decision the the judge had to make in your case was whether the defendants owed you money, everything else is irrelevent. Even the absolute truth won't stop them from suing for slander or defamation of character, and even if the truth causes harm, they will win.

racer72, I'm not sure what you are saying here -- if you are saying that publishing true statements can STILL get you sued, I agree 100% -- but true statements cannot be defamatory, by definition. The only "loophole" in this might be the tort of public dissemination of private facts (private facts that would be embarrasing to the individual, like having a disease or something) -- but if this is public record, it certainly can't be a "private fact."

If the OP posts the truth, even if it causes harm, it's not defamatory. The OP could simply reproduce and post the abstract of the judgment, and there is nothing defamatory about that act, no matter how much it "hurts" the other party. Yes, he could still be sued, and be forced to defend himself, but he wouldn't lose the case based on the facts as given. Truth is always a defense to a defamation cause of action.