Legal Question in Credit and Debt Law in Minnesota
My husband was sued in conciliation court for remodeling services rendered in June through August of 2013. There was an oral contract to provide services at a competitive pricing. He believes he was over charged in comparison to other companies providing the same service. The judge in the case stated it was irrelevant that the competitor could have done the work for less money and was ordered to pay the entire amount the plaintiff sued for. How is pricing of the competitor irrelevant when the plaintiff states in his advertising they provide competitive pricing for their services? Should he appeal the ruling or just pay the bill?
2 Answers from Attorneys
Depending on how much the difference between what you believe should have been paid, and what the judge awarded the Plaintiff, then it might be worth appealing the ruling to District Court. You are entitled by right to appeal to District Court. Once the proper paperwork is filed to appeal, the judgment is vacated and an entirely new case is started. The District Court does not take into account the ruling of the conciliation court judge (called "de novo review"). Often times simply appealing to District Court will result in a favorable settlement. I advise that you contact an attorney immediately, as the time to appeal is limited.
An appeal may be entirely appropriate. I urge you to have private attorney counsel at this time. Tricia Dwyer Esq. at 612-296-9666 Minnesota Civil Law
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