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As a general opinion how much does it help my appeal case if I can prove my landlord lied about everything

Winchester, VA |

on his paperwork and to the judge including lying about a city inspector being refused entry in the city inspector has never been here although he has now since I called him and he said he would be adding it to his lengthy report. He wrote a personal letter of lies to the judge to get posession a month before court.

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Attorney answers 4

Best Answer
Posted

Normally that would be something you would need to prove at trial. On appeal, you don't get to retry your case, you only get to appeal errors that the court made. And you need to have a transcript of any hearings in order to be able to effectively do that. I would not suggest you try to appeal without a lawyer.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

Asker

Posted

We never got a trial or to talk to the judge he got posession 1 month before court

Heather Morcroft

Heather Morcroft

Posted

You never got a trial? In Florida you are not allowed to assert any defenses if you don't deposit the rent due in an escrow account at the court. That may be what happened. If you think there was some procedural error there you might be able to do something. If it was a fundamental denial of due process, you could possibly even file for a belated appeal. But all of that would probably cost you more money than you lost, because you would have to hire an appellate attorney, so unless you were out a great deal of rent, it seems unlikely that pursuit of a remotely possible appeal would be cost effective.

Heather Morcroft

Heather Morcroft

Posted

The only thing you would have to recover would be money damages. It's not as though the court could order the landlord to give you back the apartment. So you also have to analyze, even if you could pursue something, is it worth it?

Asker

Posted

I paid my tent into escrow what $1600 AND paid $3100 for my appeal.....we have no lease what he did was write the judge a letter he had originally told him the rent was due on the 14th then he went back and told him it was due on the first and the judge gave him a judgement. Our rent is NOT due until the 20th. When my husband went in on our origional Case date they asked do you ever this amount yes or no and we said no and they rescheduled but when he said to pay the rent into escrow my husband ask when do we pay it because we don't have a lease and he saying a different day and the judge responded pay when you believe your rent is due we went in on the 14th to pay the rent and he had just left getting a position paper but the thing is even though we paid all that into escrow somehow he got an additional 1500 dollars so he said he was going to have that taken out of my husbands pay so we appealed.....that's why I said we have proof that everything he did/said was a lie plus damages we incured

Asker

Posted

Se we were taking him to court but he refused to give us his information.....he lives like an hour away... We gave him legal notice to repair by Jan. 21st he didn't he just kept showing up n saying just looking around again so Jan 22 he showed up again we said do u HAVE a contractor n he said no so we told him to take us to court. (We pay rent to a bank acct by telling them the address and we have no lease)

Heather Morcroft

Heather Morcroft

Posted

Okay, I thought this was you. When you start describing the facts all in one long sentence, I'm sorry but I cannot process that in any legal analysis. You need to sit down with your appellate attorney and go through it. If I were your appellate attorney I would have to sit down with you and the paperwork and probably stop you every ten words to ask a question. I am really sorry and I do not mean to be rude, but I simply cannot follow your narrative in any meaningful way.

Asker

Posted

Sorry it's because I use my cell phone and I speak into it and it types everything for me have a messed up finger right now. Weregoing to speak to legal aid Monday Im just freaking out that were going to lose all our money. Basically he's a slumlord and we stood up to him so hes mad and lied to the judge so we wouldn't be able to go to court. Sorry I know its a lot to take in and everything kind of runs together, I guess the voice writer doesn't work as well as I thought.

Heather Morcroft

Heather Morcroft

Posted

Oh wow, that makes a lot of sense. I have a friend who is blind and uses that, you have to speak in all the punctuation I believe. Usually lawyers have to stop people and ask questions anyway, but in your instance it was really a little overwhelming. I'm so relieved there is a technical explanation, I was concerned I would offend you. I'm very glad you are going to Legal Aid, they are extremely good with landlord tenant issues. I wish you the very best of luck. Your situation does sound a bit unusual.

Heather Morcroft

Heather Morcroft

Posted

I greatly appreciate that you selected my answer as the best. I can't see where you are located, because all that is listed is a number. Some of the other attorneys answers however, suggest that you may be located in Virginia, and that there is a different process there, including an opportunity to get everything heard over again, not just an appeal on errors. That is definitely a different process that I am not familiar with, and if you are in VA, you should pay attention to the process that the VA attorneys are describing!!

Posted

Probably not at all. If the showing you plan to make depends on matter that was not presented to the trial court you cannot use it all on appeal. If, on the other hand, the trial judge was aware of this evidence and nevertheless ruled against you, the appellate court will defer to the trial judge's findings of fact and determinations of credibility, so you would lose on that issue. It would be a most unusual case where the kind of showing you seem to have in mind would do you any good.

Asker

Posted

We never had court the judge awarded a judgement 1 month before court after receiving a personal letter from the judge

Asker

Posted

From our landlord not judge

Asker

Posted

We didn't even get to fill out our bill of particulars he got posession first

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

If you have no lease to document when rent is due and paid--do you have any evidence that your rent is due on the 20th? Make sure you take that to your meeting with legal aid.

Posted

I do not believe the other lawyers answering this question are licensed in VA and some of the information here is specific to Virginia. If your first trial was in General District Court and was in Virginia, then your appeal will be a de novo appeal to Circuit Court. THE ENTIRE CASE WILL BE HEARD ANEW - as if it was never heard before. I always recommend hiring a lawyer for a case in Circuit Court because it is far more procedurally strict than in GDC.

That said, any evidence you have to refute the testimony of the landlord should be used. You should also ask the Court Clerk to subpoena the city inspector. Rules of evidence are very strict, so please do yourself a favor by at least meeting with an attorney to determine what may or may not be admissible at a minimum.

Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.

Posted

As Attorney Allen identified, if you were in VA GDC you can appeal de novo to Circuit Court--that means a new trial, a new chance to tell your story to a new judge with all your evidence. HOWEVER, Circuit Court is NOT a relaxing place to present your facts--all evidence must comply with strictly enforced rules, procedures are exacting and in Virginia, very strictly enforced. If you take some procedural step in the wrong way--case is over. You really must consider an attorney if you are headed to CC. Best of luck to you.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.