Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
What do you mean by "get this rectified"?
If the judge ruled against you in small claims court, and that's what it sounds like you're saying, then you can file a Motion for New Trial (it likely won't work) and then you have to appeal to get the case reversed.
If the Court of Appeals reverses the case then can "reverse and render" which is what you prefer because then they just enter a new judgment, or they can "reverse and remand" and then you go back to the same judge and do whatever the Court of Appeals says to do.
Please ask any follow ups in this thread.
Did you file the small claims case or were you the defendant and filed a counterclaim?
Unfortunately, if you filed the original case then you are bound by the judgment and can't appeal. I thought you had been sued and then countersued, which is different.
You can still file a Motion for New Trial but that is your only option at this point.
I am going to be going offline in just a few minutes. If you have additional questions and I don't get them before I sign off then I will pick up and continue tomorrow morning.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.
You're very welcome.
Please don't forget to leave Positive Rating. That locks the question open from this point on and it won't time out.
Talk to you tomorrow.