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Why am I paying when the Vet did wrong?

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mylittleangels

Junior Member
What is the name of your state? Massachusetts
I recently had a small claims case. I did really well with it. To listeners I won as the Vet couldn't respond to questions with accuracy, contradicted herself and made false statements for which I had documentation to prove the Vet wrong. What was happening, my pets received compromised care because of my inability to pay the full amount same day but all was paid within their payment terms of 2 weeks or a month depending on what kind of day they were having and how high the bill was. I paid every cent on time on their terms. What killed my first pet was there for at least 1 1/2 years. He was deathly ill his last 6 months and it was found on visual exam? You see the Vet just never looked and said she did...if you heard the story you would be horrified.

Anyhow, the Vet took me to court for refusing to pay the final $25.00 when the second pet died needlessly. I have paid this Vet 1,200 dollars and have two dead pets. My counterclaim was for things I couldn't counterclaim on...I am not a lawyer and I really didn't want any money I just wanted to get the Vet to leave me alone. They harassed me for 5 months after both pets died within a short time from each other. The $25.00 got B&F charges added each month. I am also low and limited income.

The judgement reads "I do not have any right of appeal on the judgement of my counterclaim. but Uniform Small Claims Rule 8 provides that for good reason any party may file a motion within one year of this judgement with notice to the other parties requesting the Court to vacate or amend the judgement on this counterclaim". What can I do with vacate or ammend on my case?

So I want to ask the judge to ammend the judgement...does this mean I can add to my counterclaim, correct or change it? Or what can I do if ammended?

And if it is vacated does this mean I can appeal? Or what can I do if vacated?

Was this a frivolous law suit?????
 
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mylittleangels

Junior Member
Okay so I want to ask the judge to ammend the judgement...does this mean I can add to my counterclaim, correct or change it? Or what can I do if ammended?

And if it is vacated does this mean I can appeal? Or what can I do if vacated?
 

JETX

Senior Member
mylittleangels said:
What can I do with vacate or ammend on my case?
You file a motion with the court. If your motion has merit, the court will set a date/time for both parties to appear and hear your reasons for your motion. If the court finds them to be valid, it can order the judgment vacated or amended (depending on your claim). So, what EXACTLY is your basis for requesting the judgment be amended or waived??

So I want to ask the judge to ammend the judgement...does this mean I can add to my counterclaim, correct or change it? Or what can I do if ammended?
Nothing. Your ONLY issue will be the legally valid reason for your motion.

And if it is vacated does this mean I can appeal? Or what can I do if vacated?
If the judgment is 'vacated', it simply disappears. The plaintiff (vet) can then file her suit again, after correcting the reason for the motion.

Was this a frivolous law suit?????
Based on your post, no. You owed the money and refused to pay.
 

mylittleangels

Junior Member
State of Massachusetts...Okay...for an appeal to judge or jury...do you need to have new evidence...it just reads...if you disagree with the clerk magistrate's decision in small claims court you can bring the case before a judge or jury
 

BL

Senior Member
Contact the Clerk's Office for the Court , on how to file .

You should have been sent or given that info with a time frame to file , usually 30 days or 35 If received by mail .
 

seniorjudge

Senior Member
Blonde Lebinese said:
Contact the Clerk's Office for the Court , on how to file .

You should have been sent or given that info with a time frame to file , usually 30 days or 35 If received by mail .
Yes, this is called a trial de novo, which is fancy legal talk for starting all over again and pretending that the first trial did not happen.

The time limit for filing such critters is pretty short; ask the clerk where you had the first go-around what the time limit is (AFTER you look at the stuff you got with the judgment).
 

JETX

Senior Member
Yes, you have the right to appeal the small claims ruling. To do so, you will need to file your notice of appeal with the small claims court within 10 days and must pay an appeal fee and post $100 in cash or certified check or bond, unless the Court waives this requirement. Your case will then be set for a higher, more formal court. Since the full rules of evidence and court will apply, you might consider hiring an attorney.
For the rules on appeal from small claims in Massachusetts, go to: http://www.mass.gov/courts/admin/legal/courtrules2.html#rule10

Personally, I think this whole thing sounds pretty childish for a $25.00 bill.
 

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