Small Claims Case Seems To Be Getting Too Large

[quincy]

Interestingly, since the OP is the defendant (and assuming he has made no counter claim), he can get his wish by simply showing up and refusing to offer any testimony, information, etc. Once the verdict is rendered in the plaintiff's favor by the small claims court, he can then appeal the matter and receive a trial de novo in a higher court. There is no need to request that it be moved up to the higher court at this time.

That should relieve some of allanb’s stress over the upcoming hearing.

Although starting all over from scratch is not exactly ideal, having an attorney for the appeal can make life easier the second time around.

 

[Zigner]

That should relieve some of allanb’s stress over the upcoming hearing.

Although starting all over from scratch is not exactly ideal, having an attorney for the appeal can make life easier the second time around.

(This is for the OP's benefit)
The "appeal" results in a "trial de novo" which means it is an entirely new trial in the higher court. The higher court will hear the matter with no reference to the earlier small claims case.

 

[quincy]

(This is for the OP's benefit)
The "appeal" results in a "trial de novo" which means it is an entirely new trial in the higher court. The higher court will hear the matter with no reference to the earlier small claims case.

The nice thing is that the evidence (likely) will remain the same so there are fewer surprises.

 

[Taxing Matters]

Interestingly, since the OP is the defendant (and assuming he has made no counter claim), he can get his wish by simply showing up and refusing to offer any testimony, information, etc. Once the verdict is rendered in the plaintiff's favor by the small claims court, he can then appeal the matter and receive a trial de novo in a higher court. There is no need to request that it be moved up to the higher court at this time.

Not a strategy I would recommend. He should try to defend the case in small claims court. If he can win there, then the matter is done and without the extra time and expense that the appeal would incur. The plaintiff cannot appeal the case if he loses in small claims court. If he should lose, then he'd get to make the appeal and get the trial de novo.

 

[quincy]

Of course it is always best to win. But Zigner pointed out the plus of losing.

 

[Zigner]

Not a strategy I would recommend. He should try to defend the case in small claims court. If he can win there, then the matter is done and without the extra time and expense that the appeal would incur. The plaintiff cannot appeal the case if he loses in small claims court. If he should lose, then he'd get to make the appeal and get the trial de novo.

I agree with you, however, the OP's stated goal (in this thread) is to have the case moved to a higher court. In that specific light, my strategy is sound

 

[Taxing Matters]

Of course it is always best to win. But Zigner pointed out the plus of losing.

He pointed out that there is still a shot to win even after a loss at small claims court. But while that possibility exists, going into the small claims court case with the idea of deliberately losing it to get that shot does not make sense. I could explain that more in detail if necessary, but I should think the point is fairly obvious.

 

[Zigner]

He pointed out that there is still a shot to win even after a loss at small claims court. But while that possibility exists, going into the small claims court case with the idea of deliberately losing it to get that shot does not make sense. I could explain that more in detail if necessary, but I should think the point is fairly obvious.

Again - I don't disagree with you

 

[Taxing Matters]

I agree with you, however, the OP's stated goal (in this thread) is to have the case moved to a higher court. In that specific light, my strategy is sound

For the reasons I've already given, I do not agree the strategy is sound. As I said, I can explain more in detail if necessary but really, it should be pretty obvious.

 

[quincy]

allanb really needs to find an attorney in his area with whom he can discuss his case more fully.

If I am not confusing threads, the plaintiff in his case was claiming, among other things, pain and suffering damages. Over roof tiles.

 

[Zigner]

For the reasons I've already given, I do not agree the strategy is sound. As I said, I can explain more in detail if necessary but really, it should be pretty obvious.

For the goal of having the case moved to a higher court, it will work. I'm not saying it's a sound strategy overall...

 

[quincy]

At this point, worrying about the case is not going to be helpful to allanb, legally or physically. I think it is probably better for allanb to know that a loss in small claims does not mean the death of his case and could, in fact, be the best way to get the case to a higher court, where an attorney can take over.

 

[Zigner]

At this point, worrying about the case is not going to be helpful to allanb, legally or physically. I think it is probably better for allanb to know that a loss in small claims does not mean the death of his case and could, in fact, be the best way to get the case to a higher court, where an attorney can take over.

Agreed - and, as Taxing Matters points out (and I agree), one should not rely on that as a strategy, rather, more as a backup in the event that the case is decided against him at the small claims level.

 

[quincy]

Agreed - and, as Taxing Matters points out (and I agree), one should not rely on that as a strategy, rather, more as a backup in the event that the case is decided against him at the small claims level.

I think we all agree. That is nice.

 

[allanb]

I understand what everyone is saying, actually, the small court's advisors told me to keep the paperwork down, that's why I was concerned. The question mark was a grammatical error on my part. Yes, I am counter-suing in small claims, it will be looked at on the same day as the Plaintiff's case. I have found an Attorney, meeting with him late next week. Yeah, for 4.5 years I have been harassed over about a dozen broken roof tiles.
I am sure you guys have seen worse. I can't imagine what though! If anyone is interested, I will follow up with the results after my hearing.
Thanks again, Al