Looking for assistance with an incorrect judgment and allowance of "Court Order and Answer" filing.
I was awarded a judgment regarding the perimeter fencing which was located on the property line between my parcel and the neighbors. On two consecutive days, the neighbor cut down approximately 160 feet of the fencing and hauled it away. In the ruling by Commissioner Sefton acting as the Small Claims Court judge, the neighbor had 90 days to replace the fencing. If the fencing was not replaced in the allotted time, I was to replace the fencing within the next 90 days and the defendant was to pay me $3750 which was derived from the estimates I submitted during the trial. The estimates were all calculated on replacing 157 feet of fencing that was clearly shown of each estimate. Throughout the trial it was pled that the entire fence was cut down and there was never any question brought up about the amount that was cut down or the amount of the cost estimates. 157 feet is the total distance between our properties less 16 feet for access drive opening. During the first 90 days after the court ruling, the defendant never filed for an appeal or motion to vacate and he waited until the last week before his deadline to start installing the replacement fencing. He installed about 50 feet of the replacement fencing and then stopped. I allowed several weeks after he stopped before completing my instructions to see if the defendant was going to finish. After installing 157 feet of fencing I then sent a demand notice to the defendant for payment of the judgment. The defendant then filed a "request for court order and judgment" asking the court to rule that the "judgment has been satisfied in full" without any explanation. The court then scheduled a hearing and requested me to bring pictures of the fencing prior to the removal, what the defendant built as a replacement and the replacement fence that I installed.
We had the hearing and I showed pictures of an existing fence running the entire length of property, then what it looked like after the defendant cut down the fencing, what the defendant built as the replacement fencing and then the fence that I had installed replacing the entire distance. I did not see what the defendant submitted for pictures or proof, if anything. I submitted witness statements from another neighbor stating that the original fencing existed prior to being cut down and did extend the entire length of the property. I also included statements by the installers of the new fencing that none of the old fencing was visible when they installed the new one. The hearing was held on a Thursday morning and by Wednesday of the following week I received the judge's ruling stating that the "judgment has been satisfied in full". There was nothing else written on the document regarding the explanation or reasoning for their decision.
As I understand it, me, the plaintiff cannot appeal a small claims court decision so am I supposed to just let it go? Something is really wrong here and there's got to be a way of correcting this! I would appreciate any suggestions.
I was awarded a judgment regarding the perimeter fencing which was located on the property line between my parcel and the neighbors. On two consecutive days, the neighbor cut down approximately 160 feet of the fencing and hauled it away. In the ruling by Commissioner Sefton acting as the Small Claims Court judge, the neighbor had 90 days to replace the fencing. If the fencing was not replaced in the allotted time, I was to replace the fencing within the next 90 days and the defendant was to pay me $3750 which was derived from the estimates I submitted during the trial. The estimates were all calculated on replacing 157 feet of fencing that was clearly shown of each estimate. Throughout the trial it was pled that the entire fence was cut down and there was never any question brought up about the amount that was cut down or the amount of the cost estimates. 157 feet is the total distance between our properties less 16 feet for access drive opening. During the first 90 days after the court ruling, the defendant never filed for an appeal or motion to vacate and he waited until the last week before his deadline to start installing the replacement fencing. He installed about 50 feet of the replacement fencing and then stopped. I allowed several weeks after he stopped before completing my instructions to see if the defendant was going to finish. After installing 157 feet of fencing I then sent a demand notice to the defendant for payment of the judgment. The defendant then filed a "request for court order and judgment" asking the court to rule that the "judgment has been satisfied in full" without any explanation. The court then scheduled a hearing and requested me to bring pictures of the fencing prior to the removal, what the defendant built as a replacement and the replacement fence that I installed.
We had the hearing and I showed pictures of an existing fence running the entire length of property, then what it looked like after the defendant cut down the fencing, what the defendant built as the replacement fencing and then the fence that I had installed replacing the entire distance. I did not see what the defendant submitted for pictures or proof, if anything. I submitted witness statements from another neighbor stating that the original fencing existed prior to being cut down and did extend the entire length of the property. I also included statements by the installers of the new fencing that none of the old fencing was visible when they installed the new one. The hearing was held on a Thursday morning and by Wednesday of the following week I received the judge's ruling stating that the "judgment has been satisfied in full". There was nothing else written on the document regarding the explanation or reasoning for their decision.
As I understand it, me, the plaintiff cannot appeal a small claims court decision so am I supposed to just let it go? Something is really wrong here and there's got to be a way of correcting this! I would appreciate any suggestions.
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