Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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?
Show More
Show Less
Ask Your Own Legal Question
Answered in 12 minutes by:
3/19/2018
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,770
Experience: Retired
Verified

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.

Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,770
Experience: Retired
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month 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!

Ask Your Own Legal Question
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,770
39,770 Satisfied Customers
Experience: Retired

socrateaser 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

24,353 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,727 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

42,358 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

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I'm planning to take a service provider to small claims
I'm planning to take a service provider to small claims court - do attys typically get involved in those cases? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
What forms are needed to defend yourself in small claims
What forms are needed to defend yourself in small claims court and counter sue in small claims court? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Would the case number on the plaintiff small claim (that's
Would the case number ***** the plaintiff small claim (that's me now) form SC - 413 be the same case number ***** the original case number ***** by the plaintiff who sued me outside of small claims?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
What's theStatue of limitations for small claims court.
What's theStatue of limitations for small claims court … read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,116 satisfied customers
About evidences for civil district court. Can "character
Hi! About evidences for civil district court.Can "character evidence" be introduced at the day of trial, rather than the discovery period? I ask because the character evidences I have (text messages) … read more
Sean K
Sean K
Attorney/Member
JD
462 satisfied customers
I plan to sue in district court for tortious interference,
I plan to sue in district court for tortious interference, how much should I ask for? If it is too high, will the judge think it is a frivolous suit?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I was served with a small claims complaint for 1400.
I was served with a small claims complaint for 1400. Claiming services were rendered. I did not sign a contract for services and they were only partially completed. Can I submit a counter claim for ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
Can an attorney represent a plaintiff in small claims court
Can an attorney represent a plaintiff in small claims court in Nevada? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
I lost in small claims and I was the plaintiff. However this
I lost in small claims and I was the plaintiff. However this is a contractor's case and I am the homeowner who is out a lot of money to this person who walked off the job. The judge pro tem stated tha… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Small Claims court. I bought a membership in a financial
Small Claims court. I bought a membership in a financial news letter. Do I send the Small Claims complaint to the individual making the recommendations in the news letter or do I send the complaint to… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Legal question regarding small claims court. I filed a claim
Legal question regarding small claims court.I filed a claim to retrieve my insurance deductible for condo repairs to flooring and paint - which resulted from my neighbor's failure to clean their a/c c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was just served with papers on a small claim on an unpaid
I was just served with papers on a small claim on an unpaid loan from a credit union. The amount they are suing me for is 3 times the amount of the loan that was charged off. Do I take my loan documen… read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
I'm not sure if this is civil or small claims. I loaned a
I'm not sure if this is civil or small claims. I loaned a friend $8,000 about 6 yrs ago. Since then he has paid me back only $1,120. I know statute of limilitations in small claims in AZ is 2 yrs but … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I need a judgment drafted for a small claims case. Do you
I need a judgment drafted for a small claims case. Do you offer this service? How much? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I won a small claim case but lose the trial de novo. Wanted
I won a small claim case but lose the trial de novo … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
What is the process of trial de novo - I have already
What is the process of trial de novo - I have already submitted and filed the Demand for Trial De Novo - what next? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,928 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