Appealing Judgement

[Raikoud4]

Jurisdiction

Texas

I was sued by a former apartment complex for breaking a lease. I broke lease to go home and help my mother care for my father diagnosed with cancer. The date of default was March 1, 2013. It was a Friday. I moved out that day. Plaintiff filed March 2, 2017. I filed a Motion to Dismiss/Non-Suit. I also filed an general answer. My affirmative defense was SOL. First hearing was October.
Judge decided to continue until November 21st due to neither side having any citations.
I am unable to afford an attorney and was getting guidance from an online attorney. I am severely disabled with anxiety, panic attacks, spinal stenosis, and a brain tumor.
Yesterday was the second hearing and the judge asked the plaintiff to remind him why we were there. The plaintiff presented his information and citations. The judge asked me if I had anything to say before he signs the judgement. I froze and my anxiety got the best of me. I literally froze. I did not cite anything regarding mitigation of damages, etc. I had everything in front of me. I froze. I have symptoms from my brain tumor. Sometimes everything will just stop if I am overwhelmed. I cannot funtion in that moment and I will get flooded with anxiety and lead into a full blown panic attack. My mother was with me. I could not speak. She explained my situation, my health situation, and all I am dealing with. The judge said, "I have to side with the plaintiff. My question is, is there anything I can do. Can I appeal? Can I file a form to waive the bond required to appeal during to being low income? For these hearings, I already filed a form for that already. I just want to know if I can appeal with legal aid. This all seems very unfair to me. I was trying to represent myself and doing all I can and have no assets whatsoever, no money in my bank acct., nothing except child support and ssi. I want to fight this. It is not right.
Any advice greatly appreciated.

 

[zddoodah]

The date of default was March 1, 2013.

On what facts do you base this conclusion? Is this the due date of the first rental payment that you didn't make? If not, what exactly happened on this date?

I filed a Motion to Dismiss/Non-Suit. I also filed an general answer.

Why would you file both? Did you file them at the same time? Or did you file the answer only after the motion to dismiss was denied (a motion for non-suit doesn't get filed until after the trial has begun)?

Can I appeal?

Can you? Sure. You didn't indicate when judgment was entered, so we have no way of knowing if you still have time to appeal. It's also not entirely clear that you have grounds for an appeal. That you "froze" isn't a basis for an appeal.

Can I file a form to waive the bond required to appeal during to being low income?

You can file anything you like.

I suggest you consult with the local "legal aid" office to see if there is anything the folks there can/will do for you.

 

[army judge]

Yes, you can ATTEMPT to take leave to appeal.

As the defendant you have to appeal within 10 days of the adverse verdict.

Below is what you must do and how it must be done, if you wish to appeal.

If you were suffering from any medical maladies, mental health issues, or anything else; legally they're irrelevant.

Why?

You went to trial.

You could have requested a continuance based upon your medical problems, but you didn't.

Now, the good news.

The plaintiff will be unable to touch your SSI, or any other governmental transfer payment you receive to assist you with your living arrangement.

If you own a car, furniture, or a bank account; those assets are off limits from attachment, too, in Texas.

Bottom line, unless you hit the lottery for $25,000,000, or a great aunt dies leaving you a $5,000,000 estate; you're a judgment proof debtor.

Yes, you can appeal, but why bother?

If appeal you must, read on for how to go about it.

You'll need to educate yourself, and even if you prevail on appeal, nothing is going to change.

You can also search the county court website in the county where the trial took place, or the JP or Muni court where this was tried for more info on appealing.

How to appeal:

If the appeal is by the defendant, within ten (10) days from the date of the judgment, the defendant must file an Appeal Bond, with two or more sureties, in double the amount of the judgment. The bond is in favor of the adverse party and must promise that the defendant will prosecute the appeal to conclusion and pay any judgment that may be rendered by the County Civil Court at Law.

If the appeal is by the plaintiff because the Justice of the Peace denied the plaintiff's claim, the plaintiff, within ten (10) days from the date of the judgment, must file an Appeal Bond, with two or more sureties, in double amount of the costs incurred in the Small Claims Court and the estimated costs in the county court, less any amounts that the plaintiff may have already paid. The bond is in favor of the adverse party and must promise that the plaintiff will prosecute the appeal to conclusion. See Rule 571, Texas Rules of Civil Procedure.

"Sureties" are persons who guarantee that their principal will perform the promise made, or pay the amount of the bond. To be a good and sufficient surety, the surety should be worth at least the amount of the bond after deducting the value of the surety's property that is exempt from execution or forced sale, and the amount of all outstanding debts owed by the surety. The surety should have property worth more than the amount of the bond that is subject to execution.

If the party wanting to appeal is unable to pay the costs of appeal or give any security for those costs, he or she is entitled to appeal by filing a pauper's affidavit (stating such inability with the Justice of the Peace within five (5) days from the date of the judgment. Notice must be given to the other party of the filing of the affidavit, and the facts of the party's inability to pay costs can be contested. See Section 28.052, Texas Government Code and Rule 572, Texas Rules of Civil Procedure.

The Affidavit of Inability to Pay must satisfy the requirements of Rule 145 of the Texas Rules of Civil Procedure. Rule 145 requires that the affidavit contain complete information as to the party's identity, nature and amount of governmental entitlement income, nature and amount of employment income, other income (interest, dividends, etc.), spouse's income if available to the party, property owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses. The affidavit must also state that the party is unable to pay the court costs, and that the statements made in the affidavit are true and correct. The affidavit must be sworn before a notary public.

The appeal must be accomplished within the times specified and follow the procedures specified by the applicable rules of procedure. The rules applicable to appeal from Justice Courts can be found in Part V, Section 6, Texas Rules of Civil Procedures.

When the appeal has been perfected and the transcript sent to the County Civil Court at Law, the party appealing will be notified to pay the costs on appeal to the County Civil Court at Law. Those costs must be paid within twenty (20) days after being notified to do so by the County Clerk, or the County Clerk will return all of the papers to the Justice of the Peace. The party in whose favor the judgment was rendered may then proceed to collect the judgment. See Rule 143a, Texas Rules of Civil Procedure.

 

[mightymoose]

It seems your entire defense was based on explain of statute of limitations. You say you motioned for dismissal based on this but did not clearly indicate it was ever ruled upon- though I presume it was denied considering the outcome. Was an explanation offered?

I see the same problem as above. The date the statute of limitations began was not necessarily the date you moved out. When did the landlord discover you had left?

You can appeal and have fees waived, but if you are going to pursue it you had better be certain of the dates and be able to present the argument when the time comes. If you aren't sure, find out from the court clerk if your motion to dismiss was ever addressed.

 

[Raikoud4]

On what facts do you base this conclusion? Is this the due date of the first rental payment that you didn't make? If not, what exactly happened on this date?


Why would you file both? Did you file them at the same time? Or did you file the answer only after the motion to dismiss was denied (a motion for non-suit doesn't get filed until after the trial has begun.)



Can you? Sure. You didn't indicate when judgment was entered, so we have no way of knowing if you still have time to appeal. It's also not entirely clear that you have grounds for an appeal. That you "froze" isn't a basis for an appeal.



You can file anything you like.

I suggest you consult with the local "legal aid" office to see if there is anything the folks there can/will do for you.

On what facts do you base this conclusion? Is this the due date of the first rental payment that you didn't make? If not, what exactly happened on this date?



Why would you file both? Did you file them at the same time? Or did you file the answer only after the motion to dismiss was denied (a motion for non-suit doesn't get filed until after the trial has begun)?



Can you? Sure. You didn't indicate when judgment was entered, so we have no way of knowing if you still have time to appeal. It's also not entirely clear that you have grounds for an appeal. That you "froze" isn't a basis for an appeal.



You can file anything you like.

I suggest you consult with the local "legal aid" office to see if there is anything the folks there can/will do for you.

Why would you file both? Did you file them at the same time? Or did you file the answer only after the motion to dismiss was denied (a motion for non-suit doesn't get filed until after the trial has begun)?



Can you? Sure. You didn't indicate when judgment was entered, so we have no way of knowing if you still have time to appeal. It's also not entirely clear that you have grounds for an appeal. That you "froze" isn't a basis for an appeal.



You can file anything you like.

I suggest you consult with the local "legal aid" office to see if there is anything the folks there can/will do for you.[/QUOTE]

It seems your entire defense was based on explain of statute of limitations. You say you motioned for dismissal based on this but did not clearly indicate it was ever ruled upon- though I presume it was denied considering the outcome. Was an explanation offered?

I see the same problem as above. The date the statute of limitations began was not necessarily the date you moved out. When did the landlord discover you had left?

You can appeal and have fees waived, but if you are going to pursue it you had better be certain of the dates and be able to present the argument when the time comes. If you aren't sure, find out from the court clerk if your motion to dismiss was ever addressed.

Yes, you can ATTEMPT to take leave to appeal.

As the defendant you have to appeal within 10 days of the adverse verdict.

Below is what you must do and how it must be done, if you wish to appeal.

If you were suffering from any medical maladies, mental health issues, or anything else; legally they're irrelevant.

Why?

You went to trial.

You could have requested a continuance based upon your medical problems, but you didn't.

Now, the good news.

The plaintiff will be unable to touch your SSI, or any other governmental transfer payment you receive to assist you with your living arrangement.

If you own a car, furniture, or a bank account; those assets are off limits from attachment, too, in Texas.

Bottom line, unless you hit the lottery for $25,000,000, or a great aunt dies leaving you a $5,000,000 estate; you're a judgment proof debtor.

Yes, you can appeal, but why bother?

If appeal you must, read on for how to go about it.

You'll need to educate yourself, and even if you prevail on appeal, nothing is going to change.

You can also search the county court website in the county where the trial took place, or the JP or Muni court where this was tried for more info on appealing.

How to appeal:

If the appeal is by the defendant, within ten (10) days from the date of the judgment, the defendant must file an Appeal Bond, with two or more sureties, in double the amount of the judgment. The bond is in favor of the adverse party and must promise that the defendant will prosecute the appeal to conclusion and pay any judgment that may be rendered by the County Civil Court at Law.

If the appeal is by the plaintiff because the Justice of the Peace denied the plaintiff's claim, the plaintiff, within ten (10) days from the date of the judgment, must file an Appeal Bond, with two or more sureties, in double amount of the costs incurred in the Small Claims Court and the estimated costs in the county court, less any amounts that the plaintiff may have already paid. The bond is in favor of the adverse party and must promise that the plaintiff will prosecute the appeal to conclusion. See Rule 571, Texas Rules of Civil Procedure.

"Sureties" are persons who guarantee that their principal will perform the promise made, or pay the amount of the bond. To be a good and sufficient surety, the surety should be worth at least the amount of the bond after deducting the value of the surety's property that is exempt from execution or forced sale, and the amount of all outstanding debts owed by the surety. The surety should have property worth more than the amount of the bond that is subject to execution.

If the party wanting to appeal is unable to pay the costs of appeal or give any security for those costs, he or she is entitled to appeal by filing a pauper's affidavit (stating such inability with the Justice of the Peace within five (5) days from the date of the judgment. Notice must be given to the other party of the filing of the affidavit, and the facts of the party's inability to pay costs can be contested. See Section 28.052, Texas Government Code and Rule 572, Texas Rules of Civil Procedure.

The Affidavit of Inability to Pay must satisfy the requirements of Rule 145 of the Texas Rules of Civil Procedure. Rule 145 requires that the affidavit contain complete information as to the party's identity, nature and amount of governmental entitlement income, nature and amount of employment income, other income (interest, dividends, etc.), spouse's income if available to the party, property owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses. The affidavit must also state that the party is unable to pay the court costs, and that the statements made in the affidavit are true and correct. The affidavit must be sworn before a notary public.

The appeal must be accomplished within the times specified and follow the procedures specified by the applicable rules of procedure. The rules applicable to appeal from Justice Courts can be found in Part V, Section 6, Texas Rules of Civil Procedures.

When the appeal has been perfected and the transcript sent to the County Civil Court at Law, the party appealing will be notified to pay the costs on appeal to the County Civil Court at Law. Those costs must be paid within twenty (20) days after being notified to do so by the County Clerk, or the County Clerk will return all of the papers to the Justice of the Peace. The party in whose favor the judgment was rendered may then proceed to collect the judgment. See Rule 143a, Texas Rules of Civil Procedure.

Thanks everyone for your replies. Judgement was entered yesterday 11/21/17. I was getting assistance from an attorney who advised me. They advised me on filing a general answer. I raised SOL as an affirmative defense. Then I was told that I would need to amend my answer. Then told to just file a Motion for Dismissal which was filed immediately before first hearing. They told me date of default is March 1st 2013 and this is the date of accrual. I learned they are required to mitigate damages. So they got to get a judgement on me for $5,000 AND collect rent from the next tenant after me for about the same amount
Yes, I did freeze and wanted to ask for continuance. Understood. I should have sought legal aid. The information is great regarding appeal Army Judge. One question, does a judgement stay with you? Are they going to watch my every move and activity to try to collect? And if so, for how long? Even if I am a judgement proof debtor, if I made a few dollars from selling craft items I made, will they get after me? Thanks!

 

[army judge]

One question, does a judgement stay with you?

Texas, judgments are initially valid for 10 years.

The judgment is expires automatically at the end of the initial 10-year period, unless the holder renews it.

The holder can renew the judgment for another 10 years , followed by another 10 years after that, and on and on for decades.

Are they going to watch my every move and activity to try to collect?

Some judgment holders try to monitor their victim's every move.

And if so, for how long?

For decades, or until death takes you to eternal rest.

Even if I am a judgement proof debtor, if I made a few dollars from selling craft items I made, will they get after me?

Possibly.

If you want the judgment gone, the creditor thwarted, a chapter 7 personal bankruptcy is the antidote of a lifetime of ducking, dodging, wondering, slipping, hiding.

Talk to a couple BK attorneys, or research HOW you can do it yourself.

The mere filing of a BK is kryptonite, and the actual dismissal becomes permanent kryptonite, making you a super debtor, until death takes you away for eternity.

 

[Raikoud4]

That's what I thought. Thanks! Happy Holidays sir!