I filed a claim in small claims court against an upholsterer for sloppy workmanship, breech of contract. I presented all the evidence in the case to support my claim. Evidence included photos, payment records, second opinions from 2 highly reputable upholsterers and.. I presented evidence from the SOS proving the defendants lied to the court by stating they were a DBA under a corporation in order to postpone the hearing. I presented evidence proving the many attempts trying to contact the defendant to return furniture when scheduled, evidence of return certified mail unopened, evidence proving the def. had no business address working illegally out of a garage, plus so much more. I worked very hard on this case, I was well prepared and proved my claim with substantial evidence. I asked the court to make us whole by awarding $2,347.00 to the plaintiffs. The defendants had no defenses, presented no evidence of their own, at the last hearing the defendants said they had evidence they wanted to present to the court, however they did not make this evidence known to the plaintiff, the judge asked, "do you have copies of this evidence for the plaintiffs"?, they said "No". The judge then ask, "why not?", they responded with a shoulder movement and said, "we just don't". The judge said "OK, let's see what you've got", and allowed the evidence. However the evidence was all the same evidence I had presented to the court to support my claim, they just presented copies of the evidence I had entered, in which the judge required me to give them. They made several erroneous statements, with no evidence to support these statements, also lied again several times. I then had the opportunity to present additional evidence proving again the plaintiffs lies. Never did the plaintiffs present any evidence to the court to support anything they said. The judge was made aware several times with evidence of the defendants lying under oath. "THE DECISION WAS IN FAVOR OF THE DEFENDANTS", the magistrate stated, "the decision was based on the weight of the evidence". What evidence????? How can this be???? Can it really be??? Winning a case just by showing up, lying, being extremely arrogant, having no evidence to submit to the court. Do defendants not have to prove anything??? In my closing argument I questioned why the defendants had no evidence supporting any of their statements or why did they not have one letter of recommendation from the 3 generations of customers? It's funny how the judge let them have the last word, saying, "we didn't think we had too", adding, "we didn't want to trouble our customers". The judge then stood up saying as he gathered his papers, "I will take this under advisement, a letter will be sent to you with my decision". I looked at him as said, "I would have liked the opportunity to rebuttal". He said, something like, I am not quoting, "enough already". The burden was on me to have the greater and stronger evidence to prove my case. I had all the evidence.. I had all the evidence and I proved my case. Now what?? Is this an error in applying the law?? Do I have a good chance to win an appeal??? Please help me with the best advice. I feel a grand mistake has been made... Could there be a personal aspect related to this judgment??? You can imagine how I felt. Thank you for your attention and your efforts to help me. Jeannette XXXXXX
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