Results 1 to 9 of 9
  1. #1
    Join Date
    Mar 2008
    Posts
    6

    Question Can I Appeal?

    Los Angeles, CA small claims
    My company came out to diagnose a refrigerator for a customer for $45 to which she commited on the phone. No problem was found with the unit. Customer paid $45, but a month later decided that she shouldn't have to pay. So she wrote to BBB that she wants her money back or she'll take us to small claims court. It was out mistake that we didn't send $45 back.
    So 9 months later she is suing us for $500 for her wasted time and money. The court disposed the judgement in her favor. (She also showed another estimate from another company written in Spanish with no model/serial# saying that we misdiagnosed)
    Does this sound right to you?
    Can we appeal or something?
    Thanks in advance.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Can I Appeal?

    Did you go to small claims court to state your side of the case?
    Seems as though something from your story is missing.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Re: Can I Appeal?

    According to the California Courts,
    Quote Quoting How do I file an appeal?
    If you were at the hearing, you must file a form called "Notice of Appeal." You have 30 days to do this after the date the clerk mails the Notice of Entry of Judgment. The current cost to file a Notice of Appeal is $75. Click here for more information.

  4. #4
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Can I Appeal?

    Quote Quoting gigirle
    View Post
    Did you go to small claims court to state your side of the case?
    Seems as though something from your story is missing.
    Thank you for your question.

    I did go there. Funny thing is, the customer first went out to court with my corps mailing agent, which is a totally different company. So it was rescheduled first time "REJECT SHEET SENT TO XXXXX SHERIFFS OFFICE FOR
    REJECTION OF PROOF OFFICE NAME OF PARTY SERVED DOES NOT
    MATCH THE PLAINTIFFS CLAIM SUBMITTED"

    So during the court, the judge didn’t even listen to her side of the story. He simply said: "Oh, I remember you". You know, how they usually supposed to look at papers, which can prove the damage - he didn't look at any of that. I was so sure, that we’ll win the case.


    All I said was that we were not even supposed to refund the $45. And that another estimate that she has is written in Spanish without model/serial# and doesn't even have an address on it. However we did, when we received a subpoena. And the judge voided the check right there in the courtroom, when she showed it to him. And then he said to wait for a week for judgment.

    One more thing. During the BBB process, we promised to send a check within 3 weeks, but our accountant forgot to send it. And so we were not aware of the status. Up until we've got a subpoena.

  5. #5
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Can I Appeal?

    Quote Quoting aaron
    View Post
    According to the California Courts,
    Thank you very much.

    Now, should we hire an attorney? How much will the cost approx.?
    Should we file a counter claim for our wasted time or is it too late?

    Appreciate your time.

  6. #6
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Can I Appeal?

    Any other opinions will be appreciated.

  7. #7
    Join Date
    Mar 2008
    Posts
    6

    Exclamation Re: Can I Appeal?

    Why are you guys quite?
    Is it one of those non-sense cases?
    Should I appeal or should I try to settle for $200 with the customer?

  8. #8
    Join Date
    Mar 2008
    Posts
    106

    Default Re: Can I Appeal?

    I'd settle with the customer.

  9. #9
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Can I Appeal?

    The customer didn't settle.
    I filed an appeal today, paid $75
    Hope to get an honest and fair judge.

    1. Sponsored Links
       

Similar Threads

  1. Appeal to DMV
    By kr2552 in forum Driver's Licenses
    Replies: 2
    Last Post: 11-08-2010, 09:15 AM
  2. Denial & Appeals: Trying to Appeal Again
    By justmelissa in forum Unemployment Insurance
    Replies: 1
    Last Post: 09-30-2009, 05:43 AM
  3. Denial & Appeals: Should I Appeal
    By Randy1727 in forum Unemployment Insurance
    Replies: 3
    Last Post: 04-14-2009, 08:08 AM
  4. Denial & Appeals: UI Appeal
    By mumof2rugrats in forum Unemployment Insurance
    Replies: 1
    Last Post: 03-17-2009, 12:03 AM
  5. I Won My Appeal, Now What
    By jncostogo in forum Resignation and Termination
    Replies: 1
    Last Post: 06-02-2008, 04:43 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document