• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need some helpful civil law advice...HELP

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? Alabama

I am pro se in a civil matter where the Plaintiff has filed an appeal from my obtaining a jugement in small claims court. He was represented by an attorney and lost...the filed a Motion to Reconsider and was denied...now his attorney is taking it to a civil court.

I cannot afford an attorney and the matter is at best $6000...so hiring a $200 hr lawyer is out of the question for me (I was awarded $1600 in small claims).

I am 63 and disabled living on a fixed income so money is tight. I have tried all the Pro Bono options I know of (legal aide/law schools/elder law, etc.) with no real luck.

I am afraid that while I am right and have expert witnesses and the small claims jugements and statements/admissions of negligence I will still be beat up on procedure.

I saw this on the AL law site:

RULE 12. APPOINTMENT OF COUNSEL
Whenever it appears to the Court to be necessary or advisable, the Court may appoint
counsel to represent any person who may be materially affected by the proceedings.

Can I use this to my advantage and get the court to provide a Public Defender or somebody that will know procedure at least?

Please help. I am no attorney and I know it.

Thanks.
 


Dandy Don

Senior Member
What are you being charged with in the civil suit?

What do you mean "the matter at best is $6,000"?

Even though you say you can't afford to hire an attorney, you need to at least talk with one to find out the best way to proceed. First consultation is usually free, but even if you have to pay for one hours' consultation it would still be worth it to get the advice.
 
Response to Dandy Don

What are you being charged with in the civil suit?

It is an appeal to the same small claims case I won a jugement on. It was for repair work done on my car...the work was unprofessional and had to be entirely redone. Also, the man narrowed a custom rear-end for my show car and failed to place any fluids in it...he then hooked it to my tow dolly w/o advising me that no fluids were in it. He admits this was his fault.

I got no actual formal civil suit papers...just a note from the courthouse stating that the matter was being appealed to Civil Court.[/FONT]


What do you mean "the matter at best is $6,000"?

Damages and re-do of work amounts to this amount.

Even though you say you can't afford to hire an attorney, you need to at least talk with one to find out the best way to proceed. First consultation is usually free, but even if you have to pay for one hours' consultation it would still be worth it to get the advice.

Good advice. Thank you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top