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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90459
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My claim stated that I ask $10/day when the fence on my property,

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My claim stated that I ask $10/day when the fence on my property, he need to pay me the survey fee, court fee, and replacement fence fee $1000. because a year passed that account about $5000. He accuse me that because I am sueing him, so his damage is the same amount as me. I do not know what the juge will do, say if Juge rule with his favor, in MA, small claim court, I can not re-appeal. But if juge rule in his favor, that is because his lie (he knows very well the procesedure than me, he know I must prove everything at the hearing time, can not call evidence later), can I have any way to sue his lieing in the court? and he know that with his liying I can not have evidence right way at that moment (I did not know he will lie in the court!!) or something else?
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your new question. I look forward to working with you again to provide you the information you are seeking for educational purposes only.

You cannot sue for him lying in court I am afraid. All you can do is prove with your evidence, which from what you said you did present, that he is not being truthful. He would not be entitled to damages if he was the one on your property with his fence and he also destroyed your property in your old fence. Furthermore, since he trespassed onto your property with his fence, he would most times be liable for the survey costs.

From what you are saying it sounds like you should be okay with the judge if you presented the evidence you say you presented. However, nobody can ever predict with certainty what a judge will do in any case, but at least it sounds from what you are saying like you have a good chance here, better than his chance even with his lies.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90459
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 11 months ago.


Can I got to court back to prove that his is not truthful, if I got unfavor, and does that considered re-appeal?


 

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

Your chance to argue he was not truthful was during your hearing. The most you can do if the judge rules against you is file a motion to reconsider or motion for new trial but you could not appeal the judgment against you I am afraid and that is the price someone pays for going through small claims court.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90459
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

The reason I went complain him on court is because he does not care of my property, leave his fence continue on my property.


After he received my court complain, he started to make the fence not obvious sit on my property, but still bowed in the middle on my land.


 


Even I think I give enough evidence (survey, and photos and my letter to let him know only a month grace period given to him), I heard that small court sometimes with his friends working there, he will still get favor (it is loose court, I just learned from somebody yesterday).


is there no way that we can make it right, just because I am the plaintiff? I think in US, it must have a certain way to let people prove the truth, let me know if you have any ideas

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

You are correct in complaining that he had no right to come onto your land. I am afraid that had you not gone to small claims court and sued in the superior court then you would have had a right to appeal, but because the small claims court is a quick process you give up that right in exchange for the speed and relaxed court rules and not using an attorney. Thus, the judge is right, if you lose (which it does not sound like you will do) then you cannot appeal and the case is over.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90459
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 14 other Legal Specialists are ready to help you

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