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OT - HELP - Magistrate Court Appeal

East Cobb EggyEast Cobb Eggy Posts: 1,162
edited November -1 in EggHead Forum
To all,

I am at a bit of a loss. About 1.5 years ago, I had work done by a contractor. He did not follow the manufacturer's instructions for the products (backerboard for tile). Subsequently, the tile cracked.

I took him to Magistrate Court and won. He appealed, which is expected to be heard on Monday. He has now lawyered up, and I do not know exactly what to do.

Does anyone know where I can get information on the process for filing an appeal in Magistrate court in GA? I don't think that he followed all of the steps.

Also, his lawyer left a message on my answering machine stating that he will ask for a continuance on Monday. In this message, he stated that the Judge's office contacted him asking him if he wanted to file this continuance. Is this legal? Does a judge's office call a lawyer and ask them if they want to file something? It does not seem legal to me??

He stated that his client has a right for "discovery" of up to 6 months. Since the original case was filed over 6 months ago, hasn't he had enough time to discover any evidence necessary for his defense.

Any help would be appreciate even if it is just a link where I might get such information.

Greg

Comments

  • FidelFidel Posts: 10,168
    Greg....I'll send you and email. Call me tomorrow to discuss this.
  • Rod,

    Much appreciateed!!

    Sincerely,
    Greg
  • stikestike Posts: 15,597
    i can't imagine the tile job cost so much that this idiot is going to keep paying his lawyer in order to avoid paying you back.

    string him along enough to eat up any profit he may have made and settle for a Pyrrhic victory.

    if you hire a lawyer i'm pretty sure your lawyer will cost more than your tiler.

    so just grant them all the time the want. you might never get your money back, but you might cause your tiler to spend more in lawyer fees than he made from you.
    ed egli avea del cul fatto trombetta -Dante
  • FidelFidel Posts: 10,168
    My guess is that this attorney is probably a friend or some payback for a free or discounted tile job.

    The "there is a continuance so don't show up" is a ploy and unethical. If there were a continuance already granted both parties would have been advised by the clerk.

    I agree with stike - the amount of money at question here is probably less than a few hours of an attorney's rate.

    And stop saying Pyrrhic.
  • Lawyers ask for a continuance all the time, the question I have is why would the other guy's lawyer bother giving East Cobb Eggy a heads up? A good reason may be that he wants you to walk into court Monday without having your ducks in a row.
    Stike, your response conjured up a memory of a cartoon I saw of one person pulling a cow by the tail, another person pulling on the cow's head, and a lawyer underneath milking the cow. I truly believe Shakespeare may have been on to something.
  • Car Wash MikeCar Wash Mike Posts: 11,244
    Also, his lawyer left a message on my answering machine stating that he will ask for a continuance on Monday. In this message, he stated that the Judge's office contacted him asking him if he wanted to file this continuance. Is this legal? Does a judge's office call a lawyer and ask them if they want to file something? It does not seem legal to me??

    What time you supposed to be in court? None of this sounds right to me. Judge's offices don't call. Don't miss your court hearing and take the answering machine.


    He stated that his client has a right for "discovery" of up to 6 months. Since the original case was filed over 6 months ago, hasn't he had enough time to discover any evidence necessary for his defense


    Don't know the time frame in Georgia, but every lawyer has a right to discovery after they have been hired, not necessarily the client.

    If he truly did lawyer up, I'm like stike. I can't beleive the job would cost more than attorney fees. The only way I see that, if there is a bunch of other cases and wanting to avoid class action.

    Mike
  • Grandpas GrubGrandpas Grub Posts: 14,226
    Greg,

    Hope this works our for you. I hate dealing with that stuff.

    Kent
  • Car Wash MikeCar Wash Mike Posts: 11,244
    I don't think he has an attorney or like you said, don't worry showing up. Bottom line he needs to be in court.

    Mike
  • Grandpas GrubGrandpas Grub Posts: 14,226
    Just a thought. Wondering about his lawyer calling you saying he is going to file a continuance.

    Out here I instigated an action that action has to be renewed by me or my lawyer or it falls out due to time limitations. If I didn't renew the court sees it as resolved.

    I would verify whatever his lawyer told you.

    Probably isn't the same out your way...

    GG
  • stikestike Posts: 15,597
    and the lawyer under the cow was not only milking the cow, he was doing it unabashedly, and with his mouth, right?
    ed egli avea del cul fatto trombetta -Dante
  • Ever notice that when someone bashes lawyers someone always says there are some good ones, but when you ask them to name one they never do?
  • BrocBroc Posts: 1,398
    Kick 'em in th' knee! :P

    Kick 'em in th' 'tother knee! :evil:

    Rah! Rah! Rah! :cheer: :cheer: :cheer:

    Give 'em Hell!
  • KeithwwKeithww Posts: 62
    Fidel,

    Thanks for helping. I also keep fish and I posted an issue I was having on a Koi keepers board. I had paid for some flooring,(two Pallets worth) the seller sent me a bill of lading that stated prepaid. About 4 years later they went bankrupt and the shipper came after me with the shipping charges stating that they had never been paid. Two people on the Koi board that ran shipping departments and one attorney all send me case law to let the shipper know that they could not get payment from me. It took weeks, they would site case law, the koi board team would site case law, finally they gave up. The internet is a wonderful thing, and people like you that offer to help make it so. I will always be thankful to the people that helped me Pro bono publico.

    I worked in the court system for two years, not all attorneys are bad ones, just the judges.
  • SundownSundown Posts: 2,856
    stike

    we love your lower case little head but you gotta stop using words like Pyrrhic!

    It's a dance and I don't want people thinking you are any odder than you are buddy. ;)
  • Michael BMichael B Posts: 986
    Unless something has changed in Georgia law in the last ten years:
    If you are representing yourself, and you ask the judge for advice / help in court, the judge must provide that assistance.
  • stikestike Posts: 15,597
    a dance?

    "a pyrrhic victory". another victory like that and we are done for.
    ed egli avea del cul fatto trombetta -Dante
  • FidelFidel Posts: 10,168
    Actually in GA Judge's clerks do call all the time if the opposing party has asked for and been granted a continuance. It avoids congestion in the courts if people are advised ahead of time. The difference is that the clerk would have called Greg and not had opposing counsel relay the information.

    What strikes me as odd is this alleged discovery phase in an appeal on a magistrate court case. That is way out of the norm for GA procedure. IF there were a discovery period, the defense would have sent Greg a set of Interrogatories, Requests for Admission, and a variety of other documents in addition to discovery requests.

    All of this stinks as a ploy to me to get Greg to avoid appearing as required.

    Once Greg calls me today I will make sure he is well armed and able to handle this situation appropriately.

    Greg - side note - what county is the action filed in? Many courts have an online docket where you can check the Judge's calendar and see if your matter is still set for Monday at the same time.
  • SundownSundown Posts: 2,856
    What a well read boy stike is;

    Adj. 1. pyrrhic - of or relating to a war dance of ancient Greece; "pyrrhic dance movements"

    2. pyrrhic - of or relating to or containing a metrical foot of two unstressed syllables; "pyrrhic verses"

    3. pyrrhic - of or relating to or resembling Pyrrhus or his exploits (especially his sustaining staggering losses in order to defeat the Romans); "a Pyrrhic victory"


    I suppose #3 is what you refer to oh scholarly one?
  • HungryManHungryMan Posts: 3,470
    If a Lawyer said it, don't believe it!
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