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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6423
Experience:  20 years experience as a civil trial and appellate lawyer
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My wife was sued because we helped a friend, Billy Prouty

Customer Question

My wife was sued because we helped a friend, Billy Prouty with a client. Billy did bodywork and painting. A guy with a truck, AJ, dropped the truck off to me to give to give Billy Prouty. AJ wrote a check in my wives name. The truck owner said he had estimates for around $3,500 and this was cheap for him. the guy did a poor job and died since. the truck owner took my wife to court and sued her for $3,500 even though he paid $1,150. He won. My wife appealed. The truck owner brought a few estimates
JA: What state is this in? And how old is the truck?
Customer: My wife was sued because we helped a friend, Billy Prouty with a client. Billy did bodywork and painting. A guy with a truck, AJ, dropped the truck off to me to give to give Billy Prouty. I asked AJ to mark everything he wanted done and I wrote it down for Billy and gave AJ a copy. AJ wrote a check in my wives name in which I gave to Billy.The truck owner said he had estimates for around $3,500 and this was cheap for him. When it was done, AJ said Billy did a poor job. Billy died since then.AJ the truck owner, took my wife to court and sued her for $3,500 even though he paid $1,150. He won.
My wife said it appeared that AJ had some sort of relationship with the clerk because they were talking and the clerk took my wives documents from her and gave them to AJ to read.My wife appealed. While we were in the clerks office, the clerk who worked there came up to me and asked my name. When I told her, she whispered to another clerk something and they both looked at me.After the pretrial, My wife and I left and noticed AJ stayed back for a while. After thinking about it, I could only wonder what he was talking about.This time I went to appeals court with my wife to explain.. AJ brought a few estimates that were around $3,500. I told the judge AJ had already gotten estimates prior to bringing the truck for the same price, $3,500. There was no one to question concerning the $3,500 estimates and they looked to be emailed.The judge found in favor for AJ for $3,500 even though there was no foundation. I reminded the judge he only paid $1,150, but he said they had to undo what I did, even though I never did anything.I wrote a request to appeal to the supreme court through the same court house. I went to talk to an attorney and he told me that the supreme court will write me a letter and then I would come back to him and he'd complete the 35 page letter. He told me not to do anything until then.A couple weeks ago I received a letter from the supreme court telling me the case was dropped because I never completed the 35 page document. I called them and they told me they don't send a letter that they received the appeal notification and that I was too late.I'm not sure what's going on. I feel there is something wrong with this and the scales of justice were just corrupted. virginia I had to write it again because i hit enter too soon
JA: Has anything been filed or reported?
Customer: no, matter of fact, I went to get copies of the evidence he submitted and the estimates were not part of the file im supposed to see the same lawyer next monday about this but i dont know if i should now
JA: Anything else you want the lawyer to know before I connect you?
Customer: i truly believe that this was aready decided because of that clerk and her connections
Submitted: 1 month ago.
Category: Legal
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 1 month ago.

*Can you please state your specific legal question so we know what type of answer you are looking for?

Customer: replied 1 month ago.
the question is what can I do about this?
Expert:  Maverick replied 1 month ago.

If I understand what happened correctly, it sounds like you have missed the deadline to file a proper appeal, at least in part based on the apparently erroneous advice of an attorney that asked you to wait on a letter; rather then telling you to resubmit the 35 page document in a more complete fashion and within the deadline allowed. Is my understanding correct?

Customer: replied 1 month ago.
it appears this way, but I spoke to the lawyer and he appears to believe the courts should have sent me something that starts the clock.
Expert:  Maverick replied 1 month ago.

The proper way to address any improper legal ruling, bias or prejudice suffered at the hands of a court is to file a timely appeal. [If it is just a question of wanting to punish a judge for ethical violations, those are handled by filing a complaint with your state's judicial review board; but that board has no power to reverse an improper judicial ruling]. If you failed to file a proper and timely appeal due to the negligence of an attorney [irrespective of whether you ever hired him], then the proper remedy is to sue or threaten to sue that lawyer for malpractice. If this lawyer is correct in his stance that the court made an error by outright denying your appeal, then you may want to ask him to file a timely motion for reconsideration on your behalf.

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Expert:  Maverick replied 1 month ago.

Please see answer above. I am signing off for today; but will be happy to answer your follow-ups tomorrow...

Expert:  Maverick replied 1 month ago.

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