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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25935
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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me and my X have both name on the vehicle, so i wen to small

Customer Question

me and my X have both name on the vehicle, so i wen to small claim to get my share of the vehicle, but the judge was in favor of the defendant and I got Nothing 0$. not fare but this is how it is.

My question, how can i appeal and on what legal section of the law can i appeal the judge.

I'm not a layer, so im not sure my question makes sense, so forgive me, but i think you may understand. Thank you
Submitted: 3 years ago.
Category: Legal
Expert:  LegalKnowledge replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. You have 10 days after the Court makes its decision to request a new trial. Such requests are rarely granted. In Small Claims Court, you have 30 days to file an appeal to the Circuit Court, where a completely new trial will be held. You will not be required to furnish a transcript. You may request the Court to provide you a cassette recording of your trial. There is a fee involved. However, the one thing you need to be aware of is that there normally needs to be a legal basis to support an appeal or new trial. The burden would be on you, as the moving party, to show the Judge failed to follow the law or made an error, when reaching his decision and that it should be overturned. I understand that the decision of the Judge was not fare but you are going to need to show why it was not fare. The clerk of court in the county where the matter was heard, should have the forms for you to use, to start the process.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provide
Customer: replied 3 years ago.
the vehicle is on both our name, they must be something in the legal book that the car has to be sold and the money separated in equal share.
Expert:  LegalKnowledge replied 3 years ago.
There would have to be a reason that the Judge awarded the vehicle to the other party. Often times, when there is property which is jointly owned, a party will ask the Judge to force the sale and order that the proceeds be shared. I am not sure what the basis of your lawsuit was but there may have not been any relief which the Judge could have ordered
Customer: replied 3 years ago.
Whit all this can I force my x to sell, or it is a done deal?

I know this is not part of the question, but can the same happen whit a house? ( both name on the DEED) I understan if you don't answer this one.
Expert:  LegalKnowledge replied 3 years ago.
In both situations, the court would have to step in and force the sale. Often times, it is called a partition, when it comes to real property and two parties who are unable to decide on what to do with the home. When you are referring to this person as your ex, I assuming it was through a dating relationship and not marriage, as these two things should have been disposed of during the divorce proceedings. With that being said, it would not be an issue for small claims court, since the Judge can not force the sale in that court.
Customer: replied 3 years ago.
So if i go to higher court (not small clam) I can make him Sell the car ?

what would be the paper to fill-out to be found? or in Maryland court how is that paper called? I guess i would have to represent my self?
Expert:  LegalKnowledge replied 3 years ago.
You would need to file a lawsuit, asking the Judge to force the sale of the car and allow the proceeds to be shared, if any. You are going to have to provide the Judge with a legal basis, as to why it should be sold and/or why your name should be taken off title. In an ideal situation, you and your ex would be able to work this out and settle the matter but if they are unwilling to do so, you need to ask the court for relief. You should retain an attorney since this can be complicated and it is likely that the clerk does not have a simple form to fill out, like when filing in small claims court. You can call them this morning but if they do not, you would have to draft the complaint yourself.
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Customer: replied 3 years ago.
Thank you for all you help, sorry I dragged this a little.
Expert:  LegalKnowledge replied 3 years ago.
You are welcome. Good luck with everything.
Customer: replied 3 years ago.
hey, me again.

I forgot to say that my X lied to the Judge to get some simpatie or more to convince the Judge to lean toward him.

he said that the reason I should not have any money from the car is and i quote " She is not on the loan of the house, just on the deed " I have the paper work to prove he lied. I have been in court whit him before, and the man lies and lies on court, like it is a joke for him.

Oh and quick question by yes or no would be great on this on. If i say I talked whit my daughter on the phone and she told me if I go sell the house she will disinherit her from me AND all 3 other younger one. I would like to point this out to the Judge, but is it HEARSAY ?
Expert:  LegalKnowledge replied 3 years ago.
Hearsay is a statement made out of court that is offered in court as evidence to prove the truth of the matter asserted. As such, if you were going to testify to what she said, there could be an objection and it would not be allowed in or considered. Moreover, it would have to be relevant to the cause of action before the Judge
Customer: replied 3 years ago.
I forgot to say that my X lied to the Judge to get some simpatie or more to convince the Judge to lean toward him.

he said that the reason I should not have any money from the car is and i quote " She is not on the loan of the house, just on the deed " I have the paper work to prove he lied. I have been in court whit him before, and the man lies and lies on court, like it is a joke for him.
Expert:  LegalKnowledge replied 3 years ago.
If you have evidence that he lied and it influenced the judges decision, you can always go back for the Judge and ask for a rehearing on the matter.
Customer: replied 3 years ago.
So its ok to lie to judges ?

lying under oath is not a crime ?

i will accept next
Expert:  LegalKnowledge replied 3 years ago.
It is certainly NOT ok to lie and the Judge could hold him in contempt of court, for his actions, if it is determined that he lied under oath. You would need to try and obtain a copy of the transcript if the hearing was recorded and use that along with the proof you have, to show he lied under oath. I doubt the Judge is going to remember the exact testimony, so while you can testify to what you remember, the Judge may want additional proof.
LegalKnowledge and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your time.
Expert:  LegalKnowledge replied 3 years ago.
You are welcome.

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