Legal Question in Business Law in Utah

Small claims issue

I have a problem. i was sued in small claims, and got a judgment against me. the judge would only look at the business records of the guy even though they were not complete-payments not on his own business records, the judge would not take bank statements showing cash withdrawals, no proof of delivery (meaning no signature on invoice), or that they were not delivered to me at all. the guy admitted that someone else had picked up an order over two years ago (statute of limitations)not me. a check that was not cashed over six months old (statute of limitation), or a statement from the business that was given to me that differed from the companies.

please help


Asked on 10/10/02, 8:28 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Small claims issue

If you disagree with the ruling in Small Claims you can file for a trial de novo - which means a new trial before a judge. You have the right to conduct discovery, which means you can request documents and answers to questions from the defendant. You can also present new evidence, and new witnesses. You have 30 days from the date of entry of the judgment to file for the new trial. The courthouse where the small claims action was filed can usually help you.

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Answered on 10/11/02, 4:10 pm


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