Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I recently won a decision in small claims court in Mass. The

I recently won a decision...
I recently won a decision in small claims court in Mass. The defendant has appealed. Reason for appeal? The defendant feels that the magistrates decision was not fair ( Whine, whine) The defendant also claims he never received a phone call advising him that the work was to be terminated. ( I will try to get phone records if that is necessary. I understand that only the subject of of the appeal is discussed at the new hearing. ( This time a judge) Do I need to re-address all that was communicated the first time? Do I need to bring the documentation that I presented to the magistrate previously? Re: phone records. Is that really necessary? Comcast was my provider in April of 2011 and a record of my last call to the defendant is with their records. I am no longer using Comcast but I understand it their responsibility to provide the info that I need. I hope it will not be time extensive or complicated to receive the records as the appeal hearing on March 22nd., 2013. I am not using the assistance of an attorney as I did not feel this would be necessary and frankly I can't affore that expense. Please advise. Patricia Marchand
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
2/17/2013
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified
Welcome and thank you for your question!

I am sorry to learn of the ordeal that you have to experience. In Mass., the appeal is like a whole new trial. So, you have to come to court with everything as if you are going to present your case all over again. You only need to bring whatever evidence you believe is necessary to prove/win your case. Keep in mind that your testimony is also a form of evidence.

On appeal, the judge will reach a new decision, but may take into account that the magistrate previously decided the claim in your favor.

If you have not already done so, you may want to review this link. It's prepared by the Mass. courts and provides the procedural info for small claims appeals.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Ask Your Own Legal Question
Customer reply replied 4 years ago


At the first hearing I, the plaintiff, had to explain and document ( photographs, invoices from a new contractor, etc.) the individual issues/complaints, that I listed on my form against the defendant. I find it stressful that the entire back and forth will have to be re-communicated and re-hashed again. The defendant was angry, obviously still is, and has appealed the original decision that was in my favor. It was my understanding that only the complaint that the now plaintiff addressed on his appeal form, would be brought before the hearing judge.to be discussed. I previously visited the court to ask advise on what the procedure was for the payment hearing ( now cancelled of course) and they were not very friendly or helpful and that is why I am taking this tactic to better understand what is expected of me at an appeals hearing.

I understand. It seems to be an unnecessary hassle. However, it's a procedural step that the Mass. legislature created when it created the small claims court division.

It could have been worse. The defendant could have asked for a new trial by a jury!

I wish you the very best. Don't let this person wear you down. Pride is in their way. You know how to make your case. You did it once before. You can do it again and you will do it with even greater confidence because the other side had shown their hand. Don't worry about any surprises.

~~ J.B.
Ask Your Own Legal Question
Customer reply replied 4 years ago


Thanks. I intend to only bring phone records if hopefully, I am sucessfully able to obtain them. In some cases do parties bring phone records and do they have a strong bearing on the case? Of course, sensibilities tell me I should have my previous documentations (proof to substantiate my claims) Even the first hearing was not a comfortable one. The magistrate was quite intimidating, cutting the parties off if verbal explanations were not acceptable in some way. My biggest first suprise was the result of the first hearing arrived in two days as opposed to two weeks as the magistrate had indicatated. My second astonishing surprise was that the defendant had appealed!!

The phone records are important only in the sense that it is independent corroboration of what you say verbally. It's like "Judge, you don't even have to believe what I say ...... here's the independent proof that shows X, Y, Z."

The records will bolster your credibility.

~~ J.B.
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified
JB Umphrey and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Explains legal matters based on 14+ years experience.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I had a small claims case. A witness was not sworn in by the
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
If I lose in small claims court, will I be responsible for
If I lose in small claims court, will I be responsible for plaintiff's court fees? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,637 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,637 satisfied customers
I went to small claims court and was able to reach a
I went to small claims court and was able to reach a settlement out of court for 10K from my previous employers. Can they tax it? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I am the victim of mistaken identity in a small claims
I am the victim of mistaken identity in a small claims judgement against my son Darral Lee Spurgeon Jr., I am Darral Lee Spurgeon Sr.. Summit Judgement Recovery LLC (Ronald Richards) has filed a Levyi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
In a civil case in regarding rule 59 asking for a new trial
in a civil case in regarding rule 59 asking for a new trial due to new evendience who has jursdication … read more
Damien Bosco
Damien Bosco
2,995 satisfied customers
Small claims. Small cliam on flooring compamy 2,000. No not
small claims would b good to waste your time, do u have any thoughswhat what I can… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
Can a person take someone to small claims for under the
Can a person take someone to small claims for under the table cash for hrs they think they have coming ? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
Can a person file a small claims complaint against an
Can a person file a small claims complaint against an insurance company whose home base is out of state and demand their presence in Texas. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
What is the statues of limitations at small claims court for
What is the statues of limitations at small claims court for an auto claim … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I represented myself in small claims. (This happened
I represented myself in small claims. (This happened yesterday) The Attorney called me today and said I lost. I owe them 1600.00.The Attorney called me three times at work and was harassing me to pay.… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Is is possible for a small claims judge to also issue a
Is is possible for a small claims judge to also issue a cease and desist order? or are they separate jurisdiction? San Bernadino county, California … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I will be suing an individual in Small Claims Court in NYC
I will be suing an individual in Small Claims Court in NYC for breach of contract. My claim is for about $4100 plus about $500 interest for the non-payment, calculated at 9%, which I believe is the ra… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
Small Claims, A Situation With A Person Dealing With The
Small Claims, A Situation With A Person Dealing With The Western Union, And A Investment Firm.. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Can a motion for a new trial allow me to supoena witnesses
Can a motion for a new trial allow me to supoena witnesses that should had been there at trial but I failed to issue a supoena?I was unable to admit audio evidence due to hearsay objection. I was a pa… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x