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This pertains to a verbal agreement. I was seeing this gal…

This pertains to a verbal...
This pertains to a verbal agreement. I was seeing this gal for about a year and we became serious, enough that she accepted my promise ring in Sept of 2016. In dec that year she underwent knee replacement and around the same time, I ended up hospitalized Christmas/New Years week. It wasn't until about the end of Feb when we got together again and knowing she was strapped somewhat, in a Christmas card I had five 100 dollar bills in it for her. She said she couldn't accept it and I said it was a loan until she got back on her feet. This became a verbal agreement between us and my daughter and her friend was present and heard this whole thing. Today, a magistrate ruled against me more so saying I didn't have a written contract and did not accept the sworn affidavits of my daughter and her friend. The form the magistrate gave me said I have 7 days to appeal, do I have a case yet?
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Answered in 12 minutes by:
3/19/2018
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,148
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Hello,

An appeal of a small claims action to the district court is heard by the court de novo. This means that the entire case is tried again as if the original trial never occurred. The difference, however, is that you are subject to the regular rules of evidence, and if your adversary knows those rules, or she is represented by a lawyer, then you could be "outgunned."

As for your having a case, if you can get your witnesses into the courtroom, then yes, you have a case. Otherwise, you're probably wasting your time and money, because the result is likely to be the same, since the case is effectively your word against the defendant's. And, in court, a tie goes to the defendant.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Lawyer
Category: Legal
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Customer reply replied 4 months ago
even though she outright lied in court, it is probably best for me to chalk this up to an expensive experience?

In court, it's all about what you can prove with admissible evidence (corroborating witnesses, documents written by your adversary, etc.). The entire purpose of a "trial" is to permit the parties to "try" to show that the other party is misrepresenting the truth.

So, if you don't have the evidence, then you will be wasting your time and money (IMHO).

Hope this helps and thanks again for using Justanswer!

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