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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33562
Experience:  Retired (mostly)
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I have to submit proposed finding of feet (?) and conclusions

Resolved Question:

I have to submit proposed finding of feet (?) and conclusions (?) of law and proposed judgments on a small claims appeal NOW! I was plaintiff. St. Louis, MO circuit court.
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

For a small claims judgment, what you need is minimal.

Findings of fact represent a statement of the ultimate facts found at trial which satisfy the prevailing party's claim (e.g., "The court hereby finds that Defendant has failed to pay the required $1,000, at the completion of Plaintiff's painting of Defendant's home exterior."

A conclusion of law is simply a statement of the relevant law, followed by the conclusion (e.g., "Therefore, defendant has violated RSMo ???.??").

A proposed judgment is a separate pleading which orders losing party to pay a definite and certain amount.

The Missouri Small Claims Court rules provides a simple judgment form, which contains all three required elements (findings, conclusions and judgment). See this link.


Please let me know if my answer is helpful to you. The website has been experiencing system failures lately -- consequently many customers are not receiving my answers.

Thanks in advance.

Customer: replied 1 year ago.
I filed an appeal on small claims judgment that I won, but was not satisfied with the amount. So I appeared in court for the appeal and after the judge heard both arguments I was given a blank for to fill out and send back to the court. Along with the form I signed a "memorandum" that stated that both parties wer to "submit propsed findings of feet (?) and conclusions of law and proposed judgment." This had to be submitted ASAP to the court and I don't know what I am expected to put down.
Expert:  socrateaser replied 1 year ago.
Okay, thanks.

Here is a link to a fairly typical findings of facts and conclusions of law and judgment (termed, "order" in the sample). This should give you an idea of formatting.

I cannot draft the document for you -- it violates the website rules.

Tell me briefly what the case is about, and I will give you an example of what you could write.

Thanks in advance.
Customer: replied 1 year ago.
I was terminated by the company I worked for and they didn't pay my commissions on the jobs I turned in. They said since they weren't completed then I was not going to get paid. I get paid 50% of the gross profit on each job. They paid 10 and the last two they did not. My defense was that they have no documentation of terminating me so the issue is "when" I was terminated. Provided the court a copy of a check that I picked up from a client 40 days after I was supposedly terminated which would show that they indeed owe me may commissions because I had not been given any written notification of my termination. The judge permitted the check as evidence. He did not make a ruling and asked for me to provide the information that was asked for on the memorandum the defendents attorney signed and I did also. I told me I had to turn in the reply immediately, but I cannot determine what he is asking for me to put into that reply in terms of format.
Expert:  socrateaser replied 1 year ago.
I was terminated by the company I worked for and they didn't pay my commissions on the jobs I turned in. They said since they weren't completed then I was not going to get paid. I get paid 50% of the gross profit on each job. They paid 10 and the last two they did not. My defense was that they have no documentation of terminating me so the issue is "when" I was terminated. Provided the court a copy of a check that I picked up from a client 40 days after I was supposedly terminated which would show that they indeed owe me may commissions because I had not been given any written notification of my termination. The judge permitted the check as evidence. He did not make a ruling and asked for me to provide the information that was asked for on the memorandum the defendents attorney signed and I did also. I told me I had to turn in the reply immediately, but I cannot determine what he is asking for me to put into that reply in terms of format.

A: Okay, here's an example of the sort of language you could use:

Plaintiff's Proposed Findings of Facts and Conclusions of Law and Judgment

Findings of Fact

The court hereby finds the following:

1. Plaintiff was employed by Defendant from ??/??/???? through ??/??/????.
2. Plaintiff's employment contract with defendant required payment of 50% commission on the gross profit of each project that Plaintiff procured for Defendant.
3. Plaintiff was not paid according to the employment contract on the following projects: [describe each project, i.e., customer, date of contract, amount of contract, summary of goods or services]

Conclusions of Law

Based upon all of the foregoing facts, the court hereby concludes that Defendant has breached its employment contract with Plaintiff in the amount of $_______.

Judgment


The court hereby enters judgment for Plaintiff in the amount of $ ______, plus costs in the amount of $ ______ [note: this is the sum of all of your various filing fees paid to the court in pursuit of judgment], plus interest payable at 9% per annum commencing at the date of entry of judgment until satisfied.

_________
Judge

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33562
Experience: Retired (mostly)
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