QUESTION
I am the defendant and Central NM Electric Co-oP., INC. is the plaintiff. On 10/24 the judge decided for the defendant for 1,327.00 plus 8.75%
Asked on Oct 24th, 2011 on Business Law - New Mexico
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until the judgement is paid. First the plaintiff did not ask for interest. The judge made his decision based on a voided document that had my signature on it. I have the same document without my signature on it. I paid $500.00 and thought that was the end of it because I made no arangements to pay more or to make payments. This happened 9/05/2008. The plaintiff waited four months to send me the first bill and I had no idea that I owed anything. I has been three years since this happened and the plaintiff is just now claiming that I owe this money. The cost was for laying an electric line to my house. I will be glad to fax you the papers involved of which the only paper they had with what they say is my signature was also stamped "Estimate Void After 90 days" and the 90 days was up 12/05/2008. It was an estimate for service not a job order or a statement that I would pay. I want to appeal for one because the plaintiff lied and I can prove it.
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It's interesting that you want to appeal, although I think you have some of your description a bit confused. Normally, if the defendant (you) is the losing party (which is what I understand), the judge decides "for" the plaintiff. I assume this is what you meant.
Normally, the possibility that a witness lied a trial will not constitute a viable ground for appeal. An appeal is not a re-trial of the case. Rather, it is an opportunity for a higher court to review the written record of the case and determine whether an error has been made. The appellate court will defer to the trial court on matters such as the credibility of witnesses.
Good luck with your appeal.
Answered on Oct 25th, 2011 at 11:14 AM