Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hi - my name is ***** ***** I'll be glad to assist.
No, there isn't a legal requirement that a consultant have a license issued by the state or some agency.
Usually, a consultant is chosen because of credentials or proven/self-proclaimed knowledge of a subject area.
So, the fact that this person isn't a licensed consultant wouldn't be an actionable claim UNLESS she represented to you that she held some type of credentials that she actually didn't have.....in that case, she's likely committed fraud.
That's something you would have had to convince the judge of.....and if there's no proof in writing to describe what the money was for, then it's going to boil down to a swearing match between you and the other person.
If you appeal from small claims court, then you can have another shot at your case if it is heard "de novo", which basically means that you get a do-over.
Hopefully, you'll be able to have a trial de-novo and raise these issues to the judge and receive a better outcome than the first trial produced.
Yes, this should be a normal court hearing......A civil case is ANYTHING that is not criminal. So, it should be a common procedure.