small claims hearing

[Tellafunkingu]

Jurisdiction

Massachusetts

The issue at hand is as follows;
I(plaintiff) had a hearing in small claims before a magistrate, upon the defendant lying I got a little upset. I had basically fixed the defendants vehicle and was suing....

I told the magistrate that I had text evidence on my cell phone outside the courthouse(related to defendant admitting to owing money to me for work done) that I was not allowed to bring into the court during the hearing. The magistrate, upon mentioning of evidence did not allow me to retrieve this evidence...
I then filed "motion to reconsider(?)"... Upon hearing of motion, magistrate denied motion!
Not only have I been screwed by ex-friend but also the small claims magistrate!
My question is, "what are all my options?"... I have done steps one and two so far... I would like to keep this matter in the small claims court. I came across something about "seeking the reasoning of the magistrate decision" (lost article)... I need help in this matter asap... I do not want to go and file to appellate court.
Please help me turn this case around. I need help in this matter immediately, if not sooner!!!
Thank you in advance...

 

[army judge]

what are all my options?

Be smart, let it go, move on.
You've already appealed (of sorts) once, you'll continue to waste time for nothing if you let this consume you.

If you must persist, Don Quixote style, read this one how you appeal an adverse ruling:
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Appealing Small Claims Decisions

 

[adjusterjack]

No, the magistrate didn't screw you. The court apparently prohibits cell phones in the courtroom which you knew or should have known and, therefore, have devised an alternate method of presenting your evidence of the defendant's agreement.

I read the appeal instructions and I think you are done because you failed to present evidence (which you cannot present on appeal) and the judge did not err in ruling against you because you didn't present evidence.

 

[Tella]

I beg to differ...............
I did mention in court that I had additional evidence on the cell phone in text message outside in the vehicle. He does acknowledge that he owes if not "partially"($2600.).. I filed "Motion to Reconsider" which again the magistrate denied. The defendant in this matter took advantage of me and lied in court about me owing moneys to him. I choose to fight with every available avenue at my disposal "legally"..... At the current moment I am filing "objection to the magistrate's decision".... I will also file De Novo if that is appropriate also...
I will appeal to the supreme court! "Fair is Fair!" I do not understand how you(s) can sweep the issue under the rug and call it a day when somebody lies, cheats and steals(I have the time)! Even if I do not win I will consume the other parties time and resources in process! I only want it corrected! Begging your pardon(all due respect)!!! I did not ask for opinions. I asked for available avenues that would be helpful. Respectfully, Thank you again!
P.s. I am the plaintiff and the plaintiff does not have the right to appeal unless the defendant counters or appeals. Possible recourse is to file "Motion to Reconsider!"

 

[Tella]

I beg to differ...............
I did mention in court that I had additional evidence on the cell phone in text message outside in the vehicle. He does acknowledge that he owes if not "partially"($2600.).. I filed "Motion to Reconsider" which again the magistrate denied. The defendant in this matter took advantage of me and lied in court about me owing moneys to him. I choose to fight with every available avenue at my disposal "legally"..... At the current moment I am filing "objection to the magistrate's decision".... I will also file De Novo if that is appropriate also...
I will appeal to the supreme court! "Fair is Fair!" I do not understand how you(s) can sweep the issue under the rug and call it a day when somebody lies, cheats and steals(I have the time)! Even if I do not win I will consume the other parties time and resources in process! I only want it corrected! Begging your pardon(all due respect)!!! I did not ask for opinions. I asked for available avenues that would be helpful. Respectfully, Thank you again!
P.s. I am the plaintiff and the plaintiff does not have the right to appeal unless the defendant counters or appeals. Possible recourse is to file "Motion to Reconsider!"

Seems to me that the only chance of recourse is through "Motion to Reconsider"...

 

[army judge]

I beg to differ...............
I did mention in court that I had additional evidence on the cell phone in text message outside in the vehicle. He does acknowledge that he owes if not "partially"($2600.).. I filed "Motion to Reconsider" which again the magistrate denied. The defendant in this matter took advantage of me and lied in court about me owing moneys to him. I choose to fight with every available avenue at my disposal "legally"..... At the current moment I am filing "objection to the magistrate's decision".... I will also file De Novo if that is appropriate also...
I will appeal to the supreme court! "Fair is Fair!" I do not understand how you(s) can sweep the issue under the rug and call it a day when somebody lies, cheats and steals(I have the time)! Even if I do not win I will consume the other parties time and resources in process! I only want it corrected! Begging your pardon(all due respect)!!! I did not ask for opinions. I asked for available avenues that would be helpful. Respectfully, Thank you again!
P.s. I am the plaintiff and the plaintiff does not have the right to appeal unless the defendant counters or appeals. Possible recourse is to file "Motion to Reconsider!"

Text messages aren't necessarily or readily admitted as evidence in courts, even small claims courts.

Text messages ALONE are nothing more than "hearsay".
In higher level courts, text messages and their electronic cousins, emails; MIGHT get admitted assuming the litigator lays the proper foundation.

That is easier than it looks on Judge Judy, Judge Mathis, or the People's Court.

Unless your adversary is dumb, or uninformed, then it could be "easy peasy", or the jurist is a dullard or "judge in training".

This MA lawyer discusses the admissibility of electronic "evidence", as do a couple others:
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Are Text Messages Admissible Evidence in Court?
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Legal How-To: Using Text Messages as Evidence
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Small Claims Court Q: Can i use Cell phone text msg. conversations as evidence if im suing someone for money?

 

[Tella]

Text messages aren't necessarily or readily admitted as evidence in courts, even small claims courts.

Text messages ALONE are nothing more than "hearsay".
In higher level courts, text messages and their electronic cousins, emails; MIGHT get admitted assuming the litigator lays the proper foundation.

That is easier than it looks on Judge Judy, Judge Mathis, or the People's Court.

Unless your adversary is dumb, or uninformed, then it could be "easy peasy", or the jurist is a dullard or "judge in training".

This MA lawyer discusses the admissibility of electronic "evidence", as do a couple others:
.
.
Are Text Messages Admissible Evidence in Court?
.
.
Legal How-To: Using Text Messages as Evidence
.
.
Small Claims Court Q: Can i use Cell phone text msg. conversations as evidence if im suing someone for money?

Army Judge, thank you!
I came here seeking information, I was told what to do in previous threads... I thank you for "helping" me to understand the situation in depth a little more from my point of view.
I will read the articles presented...
I want people to realize this situation is more then simply the aspect of the law! People who lie, cheat and steal, feel that they can hide behind the law(s)! I believe, where there is a will there is a way, God willing. Thank you, army judge........

Text messages aren't necessarily or readily admitted as evidence in courts, even small claims courts.

Text messages ALONE are nothing more than "hearsay".
In higher level courts, text messages and their electronic cousins, emails; MIGHT get admitted assuming the litigator lays the proper foundation.

That is easier than it looks on Judge Judy, Judge Mathis, or the People's Court.

Unless your adversary is dumb, or uninformed, then it could be "easy peasy", or the jurist is a dullard or "judge in training".

This MA lawyer discusses the admissibility of electronic "evidence", as do a couple others:
.
.
Are Text Messages Admissible Evidence in Court?
.
.
Legal How-To: Using Text Messages as Evidence
.
.
Small Claims Court Q: Can i use Cell phone text msg. conversations as evidence if im suing someone for money?