I posted one issue before ( details please see below link:
http://web.wenxuecity.com/BBSView.php?SubID=law&MsgID=86999)
and I got a lot of help from this board. Thanks for all of you.
I then tried to negociate with the other party but had no success and I went to the small claim court as a defedent last Monday for a hearing.
The judge let the other party to descibe the issue. After the plantiff was done, the judge asked one queation: did both party sign the contract? The plantiff said that there is no signed contract. Then the judge gave me the chance to ask him any questions if I had. I asked the plantiff two questions:
1. Why there was no invoice brought to me before the delivery
2. What was dlivered to my yard
Here are the plantiff's answers:
1. That is usually the way they do business, never had any complaint
2. The delievered was soil. (The wife added: top soil)
I showed the pictures taken from the scene, which shows the exact type of fill was delieved: it is unscreened fill, with a lot of big rotted logs, tree roots, big concrete blogs....
The judge said that we could go back home and wait for his decision.
On the way home, I thought that I may get chance to win the case as obviously, the plantiff laid and since there is no signed contract, the invoice could not be executed (because of the Status of Fraud ).
But I was totally suprised when I opened the judgement letter yesterday: The judge is in favor of the plantiff and I was ordered to pay all the money plus $35.00 court fee.
I know that this is not a big amount of money ( the total is $2535.00) but I did not feel the fairless from this judgement. The worse thing is: I found out that there is no right for both parties to appear the judgement in our state (CT). So I had to do as per the judge said....
Any other possible things that I can do, at least to get some degree of the fair back ?
Thanks a lot!
除了付款,我真的別無選擇嗎?
所有跟帖:
• 看看judge的信,應該有10天之內可以上訴。上訴我理解應該由 -我也有話說- ♀ (69 bytes) () 07/25/2009 postreply 12:07:38
• No 上訴 info in the judgement letter -verybadexperience- ♀ (224 bytes) () 07/25/2009 postreply 12:12:43
• 回複:除了付款,我真的別無選擇嗎? -單身老貓- ♂ (770 bytes) () 07/25/2009 postreply 13:40:41
• Appreciate you inputs. -verybadexperience- ♀ (622 bytes) () 07/27/2009 postreply 09:36:29
• Typo: lied... not laid, sorry :-( -verybadexperience- ♀ (0 bytes) () 07/27/2009 postreply 09:41:15
• 回複:Typo: lied... not laid, sorry :-( -單身老貓- ♂ (2103 bytes) () 07/27/2009 postreply 13:59:19
• i hope my reasons are enough to file the Motion to Open -verybadexperience- ♀ (161 bytes) () 07/27/2009 postreply 20:36:32
• Motion to Re-argue ? -verybadexperience- ♀ (500 bytes) () 07/28/2009 postreply 10:23:54
• 看了你原來的post,上BBB查查這公司有沒有類似的complaint -monique- ♀ (115 bytes) () 07/25/2009 postreply 16:10:39
• 讀了一點你的案子(以前的),有個問題 -Lenovo-- ♀ (38 bytes) () 07/26/2009 postreply 00:34:48
• The invoice was given to me after the delievery -verybadexperience- ♀ (74 bytes) () 07/27/2009 postreply 09:29:55