CAN I APPEAL THE DECISION?

When you appeal a decision, you ask a higher court to review the decision for errors. An appeal is not a retrial, but it is the review of the trial court’s decision by a higher court called an appellate court. The appellate court will consider whether the judge’s decision represents “substantial justice.” The appellate court will not reverse a small claims decision because a technical mistake was made during the hearing. Unless the decision is “clearly erroneous,” the small claims decision will not be overturned.

If you decide to appeal, you must notify the other party (or par- ties) in writing that you are appealing by filing a notice of appeal, together with an affidavit that you served that notice on the other party (or parties), in the Small Claims Court within 30 days after you receive in court a copy of the judgment, or within 30 days of personal delivery of the judgment to you by another party (process server) to the case, or within 35 days after the clerk of the court or another party (process server) to the case mails you a copy of the judgment.

If you appeal, you must pay the required fee to file the notice of appeal. The appealing party also must purchase a typed transcript of the hearing if a stenographer was present. In courts that use electronic recorders, contact the court for instructions. If no stenographic minutes were taken, the court will prepare a statement of what took place during the proceeding. Consult the small claims clerk for information regarding the fees and how to obtain a copy of the minutes or transcript.

The Small Claims Court Clerk cannot help you decide whether to appeal the decision. You may need the help of an attorney to appeal the decision.

Even if the small claims judgment is appealed, the amount awarded must be paid unless a bond or undertaking is paid to the Small Claims Court to guarantee payment of the judgment if the appeal is lost. If you have been awarded a judgment and you receive notice of an appeal, you should call the small claims clerk to find out if a bond or undertaking has been paid before attempting to collect your judgment.

For more information serving legal papers visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com. #Appeal #Decision #SmallClaimsCourt #CivilCourt

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