Robert C. asked
Regarding a small claims appeal, after the appeal, when a new judge conducts a new trial, does the judge still belong to the small claims court? Also, if the judge denies my motion to vacate the judgment and I have 10 days to file the appeal, do I need to attach exhibits when filing the appeal? Is the appeal form only one page, and do I need to serve it to the plaintiff before filing it with the small claims court and the appeal court? How many copies do I need to file in the appeal court?
February 7th, 2024
Maria T. answered
Yes, both the original judge and any subsequent judge who hears the case on appeal are small claims ...
February 7th, 2024
Create an account to view answers and interact with the community!
What motion should I file to move forward in court when the opposing party has filed a motion for continuance, and their lawyer has quit since last year, causing delays in the case?
September 10th, 2023
I faced malpractice by my disbarred attorney who missed the deadline for a summary judgment motion, resulting in a judgment lien. Despite paying off the lien, the lien holders refuse to release it unless I sign blanket waivers, which is illegal. They blackmail me for 'collection fees' every time I sell real estate, and the excess funds go into the court registry. The original judge ruled that they must release the liens, but the log notes and CD went missing, making it hard to prove the ruling. The new judge added a clause that if I appeal, they don't have to release the liens. After the order, the missing CD and log notes were found. I appealed but missed the deadline for filing a brief in chief due to not receiving court mail. I asked for an extension but was defaulted on. I plan to file my brief in chief and argue that the opposing counsel's refusal to release the liens to prevent me from hiring an attorney contributed to me missing the deadline. I want to argue latches and that they cannot benefit from their actions. What are your thoughts on this argument and how can I develop it?
June 26th, 2023
I have a civil court case in South Carolina that has been ongoing for a year without a court date. I want to know if there is a statute of limitations, what a stay means, whether I would be notified if the plaintiff loses their attorney, and if the plaintiff moving out of state affects the case.
October 10th, 2024
How do I go about filing a certificate of claim for a potential medical malpractice case in Colorado, given that I have evidence and experience in the nursing field?
August 19th, 2024
My 90-year-old mother recently passed away. She is due a tax refund, and her accountant suggests opening an estate account for the deposit. However, her credit union account is still active for paying her bills. Can we deposit the refund into her existing credit union account, or do we need to follow the accountant's advice? Additionally, her house has a reverse mortgage, and we are considering either selling it or letting the bank foreclose. If we sell, does it require probate? If we let the bank foreclose, are there any legal repercussions? Also, what responsibilities does the executor have, and what are the implications of the accruing interest on the mortgage?
October 3rd, 2024
