Legal Question in Civil Litigation in California
Small Claims Appeal
I loaned a friend monies to prevent foreclosure on her home. Since she did not repay me per the promissory agreement, I sue her in small claims. I presented a copy of the agreement, however, the commissioner in small claims court decided that she does not owe me. I don't understand how he reached this decision. Are there any other options for me to try and recover the money she owes me?
Thank you.
3 Answers from Attorneys
Re: Small Claims Appeal
The case is over, and you lost. I surmise that whomever drafted the promissory agreement must have messed it up somehow.
Re: Small Claims Appeal
Probably not. Unsuccessful plaintiffs generally cannot appeal from small claims court judgments. Even if you could appeal, I would need more facts before I could say whether the judge was wrong.
Re: Small Claims Appeal
Get a trial de novo (new trial) in front of a real trial judge, but get represented by a trial attorney before you do. You must appeal within 30 days. Contact me directly.
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