Small claims appeal

[rodgerb]

What is the name of your state (only U.S. law)? Indiana
Can a small claims appeal conflict with state law?

 

[quincy]

What is the name of your state (only U.S. law)? Indiana
Can a small claims appeal conflict with state law?

Could you provide a few more facts about your situation, please? Thank you.

 

[FlyingRon]

Civil cases are heard based on the evidence presented and judged via state law. Appeals are made based on errors in the court interpreting that law. No new evidence is allowed at that level. You have to show in the record that some error occurred. Indiana small claims are traditional appeals (as opposed to some other states where you get a de novo shot on appeal). Can there be things in the decisions that appear to be in violation of the law. Sure. If that discrepancy was not noted during the trial/appeal, it's not going to be examined by the court.

 

[rodgerb]

Could you provide a few more facts about your situation, please? Thank you.

In Indiana a landlord (LL) has 45 days from the time they take possession of the property to refund a security deposit or send the tenant an itemized list of repairs and the cost of those repairs with the remainder of the deposit if any or a bill for costs over the deposit. Mine did not I filed my suit on the 54th day. We went to court 2 months later and I won my suit on this fact, although the judge still let the LL submit pics and a hand written list of false repairs even after I objected. The LL immediately filed an appeal. a week later I received the summons and a copy of this list no legitimate receipts and no cancelled checks. I go back to court on the 27th of Jan. 2015.
I forgot to mention We lived there 5 yrs. and the LL asked to break the lease due to financial and medical reasons they were going to sell the house. They gave me a letter of reference stating we were good tenants. There are other circumstances that make me think this was done out of vengeance. I hired her to work in one of my three stores because she lost her job. I had to fire her 2 weeks later for sleeping in the store while customers were in and out. I was shown several videos and pics of this by my loyal customers and friends.

Thank you.

 

[rodgerb]

small claims appeal

Civil cases are heard based on the evidence presented and judged via state law. Appeals are made based on errors in the court interpreting that law. No new evidence is allowed at that level. You have to show in the record that some error occurred. Indiana small claims are traditional appeals (as opposed to some other states where you get a de novo shot on appeal). Can there be things in the decisions that appear to be in violation of the law. Sure. If that discrepancy was not noted during the trial/appeal, it's not going to be examined by the court.

In Indiana a landlord (LL) has 45 days from the time they take possession of the property to refund a security deposit or send the tenant an itemized list of repairs and the cost of those repairs with the remainder of the deposit if any or a bill for costs over the deposit. Mine did not I filed my suit on the 54th day. We went to court 2 months later and I won my suit on this fact, although the judge still let the LL submit pics and a hand written list of false repairs even after I objected. The LL immediately filed an appeal, a week later I received the summons and a copy of this list no legitimate receipts and no cancelled checks. I go back to court on the 27th of Jan. 2015.
I forgot to mention We lived there 5 yrs. and the LL asked to break the lease due to financial and medical reasons they were going to sell the house. They gave me a letter of reference stating we were good tenants. They never sold the house just rented it again. There are other circumstances that make me think this was done out of vengeance. I hired her to work in one of my three stores because she lost her job. I had to fire her 2 weeks later for sleeping in the store while customers were in and out. I was shown several videos and pics of this by my loyal customers and friends.

Thank you.

 

[LdiJ]

In Indiana a landlord (LL) has 45 days from the time they take possession of the property to refund a security deposit or send the tenant an itemized list of repairs and the cost of those repairs. Mine did not I filed my suit on the 54th day. We went to court 2 months later and I won my suit on this fact, although the judge still let the LL submit pics and a hand written list of false repairs even after I objected. The LL immediately filed an appeal a week later I received the summons and a copy of this list no legitimate receipts and no cancelled checks. I go back to court on the 27th of Jan. 2015.
Thank you.

Since there does not appear to be an error of law, its unlikely that the appeal will result in anything different than the original ruling.

 

[rodgerb]

Since there does not appear to be an error of law, its unlikely that the appeal will result in anything different than the original ruling.

Can I ask the judge to dismiss the appeal and stop the pause in the process. They had 30 days from the judgement to pay I feel this appeal was a stall tactic. I do plan on pursuing seizure proceedings if they do not pay me on time.

Thank You

 

[LdiJ]

Can I ask the judge to dismiss the appeal and stop the pause in the process. They had 30 days from the judgement to pay I feel this appeal was a stall tactic. I do plan on pursuing seizure proceedings if they do not pay me on time.

Thank You

You can argue against the appeal based on no error of law. I do not believe that you can file to dismiss the appeal entirely. Have you responded to the appeal?

 

[rodgerb]

You can argue against the appeal based on no error of law. I do not believe that you can file to dismiss the appeal entirely. Have you responded to the appeal?

Respond how? I received the summons and thats it.

 

[LdiJ]

Respond how? I received the summons and thats it.

So its still in small claims court? Then do not worry about it, just argue no error of law.

 

[rodgerb]

So its still in small claims court? Then do not worry about it, just argue no error of law.

Ok thats what I needed to know. The appeal hearing is Tue. the 27th. Thank you very much.

 

[rodgerb]

Ok thats what I needed to know. The appeal hearing is Tue. the 27th. Thank you very much.

I will Let you know how it went... TY