ValleyGirl4

Lost to Midland Funding in Louisiana and want to appeal judgment

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Last week, I lost a debt collection lawsuit in a Baton Rouge, La., small claims court. I replied to the initial summons with a denial that I did owed Midland company anything and asked for them to send evidence validating the alleged debt and their ownership of it. They never did. The only thing I ever got from them was a notice of their privacy policy. 

 

When I got notice of a court date in May, I assumed that's all it was. Big mistake, I know. I thought that I just had to show up because I already filed a denial with the court; but apparently, I should have. Turns out what I answered wasn't the actual lawsuit. The papers with the court date was the actual lawsuit. 

 

 I did show up prepared to argue my case with an affirmative defense. However, the judge would not even listen to me. She ruled in Midland's favor without even hearing my side because I didn't file a response to the paper with the court date.

 

Here's the thing, neither I nor the attorney representing Midland had ever been sworn in. She called us up and immediately started talking to the attorney for Midland and within two minutes it was over. I lost.

 

Can I appeal on the grounds that neither of us had been sworn in? Isn't that proper courtroom procedure even in a small claims court? Has anyone had anything similar happen to you and how did you did with it?

 

And if I what are my options after that? I'm studying Louisiana civil procedure and hoping to file an appeal Monday or Tuesday, at the latest. 

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In court ........ you are not sworn in unless you are about to testify.

I don't know what, or how you filed a denial but ......... no official answer to the complaint = judgment for the plaintiff.

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