Small Claims Appeal

[GaGirl]

I was recently involved in a small claims case in the state of Georgia, (Cobb County), where I was being sued for $4,500. The Plaintiff was awarded $100 plus court cost which totaled $151. I received a letter from Magistrate Court today stating that the Plaintiff was appealing the case to the State Court of Cobb County. How many times can someone appeal????? Does there come a point when someone will clue this idiot in on the fact that she HAS NO CASE!?! She had no case in small claims...nothing has changed...she still has no case. Any help is appreciated.

GaGirl

 

[JETX]

Appeals could theoretically be done all the way to the US Supreme Court. Or more likely, until the party either runs out of money, or time, or desire.

 

[GaGirl]

I'm screwed!

Halket...thanks for the repsonse. I must admit what you had to say scared me a little!!! This person will never run out of "desire" to drive someone crazy. I will probably be in court for the next 10 years. I had thought about hiring an attorney to file a "motion to dismiss." If it is dismissed, she pays my attorney fees, correct?? I feel like the only thing that will stop this person is to make them pay for their ignorance. Also, I plan to move out of state in the next month or so. If I move....she has to come to me....correct??? All of this is over a CAT for God sake!!! A cat that does not even belong to me. Some people just have nothing better to do.


GaGirl

 

[vrzirn]

Is it because plaintiff technically won that he has right to appeal the amount of judgement?

 

[ninalou]

Hi GaGirl! I cannot believe that woman is continuing to do this to you. Two questions: Did you pay the judgement of $151? Did she cash it?
(Where I'm going is - can she still appeal if she accepted the judgement?)

If I were you, I'd fight fire with fire. You may consider getting an attorney now to put her in her place once and for all. I don't know how she can possibly win without specific proof of your cat doing damage. She obviously needs money and thinks she can get it from you.

Keep us posted

 

[GaGirl]

Vrzirn...I was wondering the same thing myself. I was under the impression that "win or lose"...she could appeal. I think I could have appealed my "loss" if I wanted to. I am not sure how all of this works. I do not thrive on being in a court room like this woman does. I think she wanted to be an attorney and just didn't have the intelligence for it....this is as close as she will ever get...and she loves it. She is suing my husband for $5,000 also. He has a court date next month. I think court rooms turn her on.

 

[GaGirl]

Hi Ninalou! Woman with the KILLER CATS is back!!!!!
To answer your question...No, I did not pay her. She is in the process of filing bankruptcy and I was told that all "settlements" were to be paid to her bankruptcy trustee. She filed prior to our court date.

I DO plan to contact an attorney regarding this!!! I refuse to spend countless hours in a damn court room over an animal that does not even belong to me. It seems to me that she would see that NOTHING has changed...she has video of cats in her garage...the cats are not mine...she has no EVIDENCE!!!! Even if she captured my cat on video today eating her bumper and then walking in my house...she can't use it. She can only use what she had the first time around. Which happens to be NOTHING that concerns me. It's all just so silly. Hopefully an attorney will be able to lead me in the right direction. I will let you know how things turn out!!!

~~~What happened to our pal No Lo?~~~


GaGirl

 

[ninalou]

Hi GA Girl! This woman is TOO Much! But it makes sense now - if she is filing bankruptcy, she needs money and will do anything to get it from anyone!

I was told by an attorney- in a small claims case - after the judgement is determined, both parties have 30 days in which to appeal. However, once a judgement is paid - deposited, the case is closed. Meaning she can't accept your judgement and then appeal for more. (I would love to know if this correct information.)

Can't you file some sort of counter claim against her - to get her to stop. Bc if she is declaring bankruptcy, she won't be able to pay if she loses and one would hope it would discourage her.

I don't know what happened to No Lo! Don't know if he is just taking a break or what.

 

[GaGirl]

Ninalou...I went to an attorney on Friday. He basically said that I would not need his representation on either case (remember..she is suing my husband too) to win. I would only need his representation for the fees. He thinks that if she gets slapped with OUR attorney fees that it would make her think this thing over. He said he would write a letter telling her she had 10 days to dismiss both cases and if she did not comply she would be responsible for his fees. She would only have to pay if she lost...and she WILL lose. He wanted $1000 up front...I thought that was pretty reasonable. BUT....if he writes the letter and she complies....I have just spent $1000 on ONE LETTER!!!!! Just doesn't seem worth it! I know the average charge for a letter around here is $150. If I could find an attorney to write the letter for a "letter fee" and see how she will respond, that would be great. If she doesn't comply....charge me!!! I just hate to put up that much money when I don't really NEED an attorney. What do you think? Give me your thoughts.


GaGirl

 

[ninalou]

Ouch! That is steep!

A thought . . Do you have a law school near you? If so, maybe you could work something out with one of the professors (who also is an attorney).
(I know at my college, Carnegie-Mellon Univ., local businesses would always come offering "projects" to respective depts. (art, computers, engineering). All students would do the project, the one that was the best would be used! That way, the "winner" got to use the project on their resume. But all students benefited by attempting to work on an actual "real-life" type project.

I can't speak for law schools - but it may be worth a shot. What is the worst that can happen - they say no. It certainly is better than having to shell out $1000 to write a letter, when she may not go away.

I (unfortunately) do think a letter would make her go away. It would tell her that you are taking her "threats" seriously and that you are now willing to fight fire with fire (even if you are only pretending to do so.)

This woman is desperate for money and thinks you & your husband are the MAC machine.

I'll keep thinking . . .

 

[JasonRT]

GaGirl-

The attorney's $1,000 retainer is a deposit that is charged against for legal work - I hardly believe it would be fully earned upon writing one letter. Generally you will receive hourly billings each month from the attorney which charge against the retainer. If you do not use up the entire retainer the balance will be refunded to you.


Also, attorney fees are completely negotiable. For the type of easy work you are looking to have done, you should negotiate a rate of no more than $75/hour. If you can't find an attorney out of the yellow pages that will work for that rate, put an ad in the Sunday Classified section under HELP WANTED - ATTORNEY you'll have your phone ringing off the hook.

Good luck,

[email protected]

 

[vrzirn]

State of California. In SCC if the plaintiff loses they are done. If the defendant loses, she has right to appeal in Small Claims Superior Court and attorneys may appear there.
I never heard of a winning plaintiff being permitted to appeal the amount of the judgement.

 

[JETX]

vrzirn: "I never heard of a winning plaintiff being permitted to appeal the amount of the judgement."

Thats because you are in CA (where it isn't allowed). A lot of states allow EITHER party to appeal a small claims decision. I assume this is due to the opinion that an informal court (and not of record) is more apt to be unfair to one party or the other or that the small claims judges may not truly understand the laws. (Some states don't require that the Small Claims judge be a lawyer or have any legal experience!).

 

[GaGirl]

JasonRT...I completely understand what you are saying about the retainer. I know that if the attorney wrote one letter and she complied, I would be due a refund. He was going to give her until February 10 to dismiss both cases. We have to appear in court for the case against my husband on February 11. If she waits until the last minute to comply, there is a good chance this attorney would have already started to prepare for court. Which means I would owe him for that. I just hate to pay that much money when the services are not needed to win the cases.

When calling attorneys about this situation, should I ask if they will start with a simple "letter fee"? Should I tell them that I do not want to pay anymore than $75 per hour if the case actually goes to court? Until this psycho wandered into my life, I have never needed an attorney...I'm just not sure how all of this works. Thanks for your help!


GaGirl

 

[GaGirl]

Bingo!!!

Ninalou...I think you hit the nail on the head with the "MAC" statement!!! She has another lawsuit out against her ex husband for about $35,000. It just so happens she is suing him for the same reasons she is suing my husband. I think she wants us to get her out of debt, and that is not going to happen. I was under the impression (and if I am wrong, I know someone will correct me) that Small Claims was basically for monies owed, not for things like "He intimidates me, and I would like to be compensated for that." That is her complaint! She says my husband has defamed her and her children, he has intimidated them, and he spys on them. She needs help...in a major way.

I am sure there are law schools around here!!! I live about 20 minutes out of Atlanta. I will check the yellow pages and see what I can come up with. I am also going to do what JasonRT suggested. You guys are a great help. Thanks so much!



GaGirl