Legal Question in Civil Litigation in California

Re: Crooked & Lying Cheats

a small claims appeal is not like a civil appeal. in small claims appeal they just try the case again from the beginning so have you witnesses and evidence ready. you can have the clerk issue a subpeana for you. you are also allowed to have a lawyer at a small claims appeal if you want to hire one.

Re: Crooked & Lying Cheats

If you are going to appeals court I would hire an attorney. The reason for this is they probably will have an attorney. There is a specific form that you need to file with the court and serve it on the witnesses you want to call. If you paid an attorney to file the subpeona forms and for advice to help you in court you could get those costs from the defendant if you won. You can also get court costs for the filing of the subpoenas and the filing of the lawsuit in Small Claims. If you can prove that they lied than I would recommend bringing in the witnesses to show that to the judge. There really isn't any punishment for lying under oath, but it will make them look less credible. You won the first case and unless they can show something was wrong with the first judgment you will win again. It sounds like you had a signed form that showed they owed you services or items and so not only was it your word against theirs you had written proof to back your story up. It doesn't sound like they have a case and that they are only trying to prevent you from collecting your judgment. However, if you do not go into court prepared and without a lawyer you may loose your judgment and spent all of this time for nothing. Please give me a call so I can give you additional information about how to win the appeal and how to get the documents that you need. I can be reached at 888-563-8529. The call and consultation are free. I look forward to speaking with you.

John Hayes