Can a court Judgement stand if there was no court reporter, I had no Lawyer, and there is no transcript?T?

Question

I was served some court papers five days before trial. I had no representation. A concerned neighbor of mine accompanied me to court and sat with me in the court room. When asked by the judge his purpose of presence. He responded "I am here as a witness". The Judge made my elderly friend leave the court room, by saying, "The old man has to go". He was escorted out of the room and I was left alone to defend myself against my, X, and his Mother, and his brother, and their lawyer. I told the Judge I had no representation, and requested that I should have representation. The Judge said I was going to represent myself and this court was in session. Then it seemed like I was amongst a pack of hungry wolves because they all began arguing to me and not once did I ever get to present my case or be heard. I was being sued for restitution and eviction from My own home which they gave to me and of which I have paid taxes on and betterments since Jan.1998. Judgement against me came in 10 min.

MenifeeManiac · Accepted Answer

It sounds like a violation of Due Process, if you were only served the papers five days before the hearing, and there were not any exigent circumstances.

Most judges will allow time to obtain representation  if there is a potential deprivation of property, such as your house.

There really are not enough facts to determine if the judge acted imprudently: was it a family court proceeding, did the proceeding occur in the judge's chambers, or in open court...?

HOWEVER, if this was a Small Claims matter, then you do not have the right to representation; and the proceedings are not recorded by a certified court reporter. You can appeal the decision to a Superior Court judge.

I would consult an attorney, as to your options.

If an Order was issued, then either an appeal or a Petition for Reconsideration can be filed with the court.

lbkipp@verizon.net · Answer

Yes.  There isn't a court reporter or any sound recording for transcript purposes in every courtroom.  As far as not having representation - you are only provided representation in a criminal lawsuit - not a civil.  

Regardless -- I would hire an attorney and review the facts with him.  Only he could give you the legal advice you need.

Enchanted · Answer

Your first mistake was in representing yourself. A lawyer does not have to be appointed for a civil lawsuit; that's for a criminal offense. 

You need to contact an attorney and see if an appeal can be filed, or if there's something else that can be done.

I don't see much changing, however.

Alison · Answer

Fascinating thought particularly when it says in Psalm 9:8 that God will judge the world in righteousness and 'he will execute judgment for the peoples with equity.' AND in Psalm 96:13; ' ... for He (God) is coming, to judge the earth. He will judge the world in righteousness and the peoples in His faithfulness.'

Anonymous · Answer

yeah right.   what is the address of the property.   a couple of clicks of the mouse and i find the deed and the lien holders.   another six minutes and i got the court case.     you want to try again?.

Trending News

Can a court Judgement stand if there was no court reporter, I had no Lawyer, and there is no transcript?T?

5 Answers