I disputed an account from Citibank. Citibank didn't Honor my dispute. I called them again and was referred to their legal dept. their legal dept refused to talk to me. For more than 3 years passed , Portfolio Recovery tried to collect and i told them about the dispute. Without proper validation , they decided to file a lawsuit against me. We went on trial and told the judge I don't have any dealings or contract with this debt collector and that I wasnt a party to the bill of sale they presented. They claimed that it was referenced in a sworn statement by a Citibank employee. The said statement was authenticated more than a year later from the date in the bill of sale and the lawsuit in which they don't have the legal right to sue me at all. But the judge ruled against me.
Whether you would be successful on appeal is impossible to determine based on the facts you provided. It sounds like the judge might have allowed Citibank to present inadmissible evidence. However, the issue is not appealable if you did not object at trial. Also, its not clear that this evidence was the basis of the judge's decision. Your best bet would be to take the case to an appellate attorney. If you do, you are going to need the complete record on appeal (the reporter's transcript, and all relevant documents filed with the court).
Robert David DijulioReal Estate AttorneyGlendale, CA ·
the chances of wining on appeal are 1 out of 20 in the best of circumstances. The COA bases its ruling on the record at the trial (i.e. all the pleadings and evidence, plus the Court reporter's transcript, in any. ) Filing an appeal will cost $2000 for the filing fees, preparation of the records. Why not spend $500 to talk to an appellate attorney to get some advice?
You have 30 days from date the judgment is entered to ask for an appeal. In that case you get a new trial in front of a real judge. I did not understand your defense but you get second bite at the apple.
From what you say, you argued a defense which is not a defense. You argued about the assignment of the account, instead of litigating the validity of the underlying charges. The judge ruled upon the evidence admitted and the argument made at trial. You cannot win an appeal unless you have a proper record of the trial court proceedings. did you pay for a court reporter? Is there any record of the oral testimony in court?
An attorney needs to hear further detail about a couple of aspects of the dispute. If any of their actions violated fair credit practices, it may be worth your while to appeal (or move to reconsider if the ruling wasn't long ago). If you had reasonable notice of Portfolio Recovery's actions, that has to be considered too. At lease consult a contracts and collections attorney.
Part of the answer to your question depends on whether this was a small claims case (in which case the "appeal" is a new trial) or a higher jurisdiction case, which invokes wholly different procedures and standards.
