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Zachary
Zachary, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Look for help.answering a question aout small claims appeal

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Look for help.answering a question aout small claims appeal in NY state. Was plaintiff in small arms case. Defendant had a lawyer.judge awarded me 1800 of 5000 claim buti dont understand. He mentioned that I can not bring the clain with a power of attorney for my hunby, but at pretrial I told him my hubby was leaving for Afghanistan. He said I could hire a lawyer with that poa, but instead of dimissing it to hire an attorney he makes a judgement. Im confused. Can this be appealed.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

What the judge was trying to explain to you is that only a lawyer can represent another person in court. So it does not matter if you have your husband's POA, if you are not an attorney, you cannot represent him in court.

You can always appeal your small claims decision. Within thirty (30) days from the date of the Small Claims decision, file (by mail or in person) a written Notice of Appeal with the Small Claims Court which heard and decided your case. A filing fee of $30.00 must be collected at the time you file your appeal. The notice should state that you (as "the appellant") intend to appeal from the decision. It should name which Small Claims court heard your case and the date the decision was rendered. Include your address and your opponent's address. A copy of the notice must be delivered or sent to the opposing party in your case ("the respondent").

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.
Why did he hear the whole case then made that decision. Seems odd. Then made a decision instead of dismissing it. Odd. Have you ever heard of this?





Expert:  Zachary replied 1 year ago.
Small claims judges usually do not read anything submitted to them until the case comes to trial. He was likely letting you explain your situation in full to see if there was any reason to not dismiss. Apparently there was enough reason to give you some money which you were asking for (you did say you won $1800 out of the $5k you asked for, right?)
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Customer: replied 1 year ago.
The defendant had a lawyer and argued accord and satifaction defense because we offered settlement, but defendant did not follow terms of accord (there was proof) so I opted to ask the court for damages in connection with the initial breach.Judge only ordered the accord. Even though he had no proof. Long story short, I looked like the meddling wife ... Thank you for you time.

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