Small claims appeal, I WON THE CASE !! DO i need an attorney against their attorney?

Asked over 3 years ago - Temecula, CA

I won the small claims case against a client, I was hires to prep and paint some wood trim in the house. We were able to get in before flooring prep and paint 1st coat. Once the flooring started we pulled off th owners did not like what they saw and we told them it is only 1st coat we need to fine tune all the prep and paint 2nd coat we will take care of it til you are happy. 3 months later no word on getting back in, come to find out they hired another painter we never recieved a your fired letter or ciese and decist letter nothing not even a phone call. We took them to small claims court. I worded the contract to state no payments till we are complete and you are happy. but hard to do if they did not let me finish the job. I was awarded 500 for materials but now they appeal for 5000+

Attorney answers (1)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    28

    Answered . I would advise that you hire an attorney for the appeal. In small claims court appeals, an attorney can appear on behalf of a party. At the appeal, a new judge hears all the evidence again and makes a decision. That judge doesn’t know what happened in the first trial, so this new judge looks at everything as if the case was being decided for the first time.

    Again, you can have an attorney represent you at the appeal, and it is possible that the judge may award you $150 in attorney fees and/or up to $150 for your actual loss of earnings, expenses of transportation and lodging actually incurred in connection with the appeal. Also, if you or your attorney (if you have one) can prove that the appeal was filed in bad faith, it is possible that the judge may award $1000 in attorney’s fees or in actual losses that you incurred due to the appeal

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