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What to do if judge miscalculated payment??

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S

stoooo

Guest
In California small claims, I was a defendent be sued by an insurance broker for $4500. The original invoise the insurance wanted was $6700 for a whole years amended policy. I felt we only owed for the last three months of the policy, and only paid that amount. Thus the insurance company sued for the remaing 9 months which was the $4500.(I am simplifing the case a bit). In any case the judge agreed with my side and felt we were only obligated to pay for the last three months of the policy. So he took out a calculator and got 25% of $4500 (for 3 months out of 12) and ordered me to pay $1200. I was told not to speak while the judgment was being read and was not able to tell the judge that I had already paid for the 3 months. He did not realize the suit was for the remaining 9 months of the year policy. He thought the $4500 was for the whole 12 months. I was even told by the balif to not talk while the judge did his calculations.
Question? What can I do? If I appeal, do I run the risk of loosing the whole amount of money? I agree with the judgment, just not the amount. I should not have to pay anything. What are my options?
In my entry of judgment paperwork, there is no opinion of the judge, just the amount I have to pay and paperwork to appeal if I wish.
 


I AM ALWAYS LIABLE

Senior Member
stoooo said:
In California small claims, I was a defendent be sued by an insurance broker for $4500. The original invoise the insurance wanted was $6700 for a whole years amended policy. I felt we only owed for the last three months of the policy, and only paid that amount. Thus the insurance company sued for the remaing 9 months which was the $4500.(I am simplifing the case a bit). In any case the judge agreed with my side and felt we were only obligated to pay for the last three months of the policy. So he took out a calculator and got 25% of $4500 (for 3 months out of 12) and ordered me to pay $1200. I was told not to speak while the judgment was being read and was not able to tell the judge that I had already paid for the 3 months. He did not realize the suit was for the remaining 9 months of the year policy. He thought the $4500 was for the whole 12 months. I was even told by the balif to not talk while the judge did his calculations.
Question? What can I do? If I appeal, do I run the risk of loosing the whole amount of money? I agree with the judgment, just not the amount. I should not have to pay anything. What are my options?
In my entry of judgment paperwork, there is no opinion of the judge, just the amount I have to pay and paperwork to appeal if I wish.
My response:

Well, here's a "No Brainer".

File your Notice of Appeal, and explain in your papers what you said here.

A Small Claims appeal is a "Trial de Novo" - - a "New Trial" - - where the facts and evidence are re-argued and re-presented to a new judge. That's where you can explain anything further that you might have to say, beyond what you say in your Appeal papers.

Tell us what happens.

IAAL
 

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