Can I further litigate when Small Claims court Judge did not follow through on Appeals procedure?
Seattle, WA
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Posted 5 months ago in Litigation
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CD recording clear. I ask twice on how to appeal lost claim. Do I tell the Baliff...?" Reply, "No, you'll get a sheet on how to do that." The 'sheet' was not inlcuded with dismissal papers or sent in mail. Judge also immediately returned Exhibits.
Appeal time limit, in Washington State, ran out before all adjustments could be accomplished to reinvent Appeals process. Is it possible to litigate issue through another practice venue? What practice? - Is this your question? Add additional information Answers (2)Pamela Koslyn
This attorney is licensed in California.
Posted 5 months ago.
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Your small Claims judge isn't obligated to give you legal advice about any other proceeding, and isn't responsible for you not finding correct information about the appeals timing and process. It seems strange to me that even though this judge ruled against you and you believe this ruling was wrong and appealable, that you want to place so much reliance in their statement about an appeal "sheet" and use that as an excuse for not timely filing your notice fo appeal.
I know of no procedure to "reinvent" an appeal after the time has expired. The deadlines exist to allow some finality to these court procedings, and I think that regrettably for you, your case is over. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Lucas Gene Radney
This attorney is licensed in Texas.
Posted 5 months ago.
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You sound like you are in a tough spot. Understand though that the judge not only doesn't have to give you legal advice, he or she cannot ethically do so while also serving as judge in your case. The best thing you can do is try to talk to a lawyer in your community about what happened - they may have some advice or thoughts that you are not aware of.
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