|
You are here: Small Claims > What to Do If You Are Being Sued > Appeal Your Judgment
This section will explain how to appeal your judgment. Click on a topic below:
What is an appeal?
Who can file an appeal?
How much time do I have to file an appeal?
Where do I file the appeal?
What happens at the appeal hearing?
Do I have to show up for the appeal hearing?
Must I pay the other person if I appeal?
What happens if I win the Appeal?
What happens if I lose the appeal?
What is an appeal?
When you appeal a small claims judgment, you ask the superior court to change the small claims court judge's decision. You'll have another hearing and must present your case again.
This is different from an appeal of a Motion to Vacate. If the defendant did not show up at the original hearing, s/he has no right to ask for a fresh trial. Instead, the defendant can only file a Motion to Vacate the Judgment. If the judge denies that motion, then defendant can appeal the judge’s denial of the Motion to Vacate. Click here for more information on appealing a denial of the Motion to Vacate.
[ Top of Page ]
Who can file an appeal?
Only a defendant can file an appeal. If you lose on your own claim, you can't appeal. If you lose on the other person's claim, you can appeal.
The defendant's insurance company can also file an appeal if it's asked to pay more than $2,500.
[ Top of Page ]
How much time do I have to file an appeal?
You have 30 days to file an appeal after the judge makes a decision. If the decision was mailed to you, you have 30 days from the day it was mailed. This date will be on your copy of the decision.
[ Top of Page ]
Where do I file the appeal?
File your appeal with the small claims court. Your hearing will be in the civil division of the superior court. You'll need to file a Notice of Appeal (Small Claims) (form SC-140).
[ Top of Page ]
What happens at the appeal hearing?
A new judge hears all the evidence again and makes a decision. That judge doesn’t know what happened in the first trial, so this new judge looks at everything as if the case was being decided for the first time. You can have an attorney represent you at the appeal, and it is possible that the judge may award you $150 in attorney fees and/or up to $150 for your actual loss of earnings, expenses of transportation and lodging actually incurred in connection with the appeal. Also, if you or your attorney (if you have one) can prove that the appeal was filed in bad faith, it is possible that the judge may award $1000 in attorney’s fees or in actual losses that you incurred due to the appeal. Click here for more information on a bad faith in appeals.
If you want to ask for attorney fees and/or earnings, transportation and lodging, be sure to speak up during the hearing. You may be asked to prove your actual loss, so you may need paperwork showing the charges.
[ Top of Page ]
Do I have to show up for the appeal hearing?
Yes. The appeal hearing happens in front of a new judge who hears all the evidence again. So, all the parties to the case must present their case again. If you don’t go to the hearing, the judge will not hear your side of the story.
[ Top of Page ]
Must I pay the other person if I appeal?
You should not pay the judgment until the appeal is over, otherwise it may affect your rights on appeal. If you win the appeal, you won't have to pay anything.
[ Top of Page ]
What happens if I win the appeal?
A judgment on appeal is final. If you are the Plaintiff, once the Court sends you a notice that you won the appeal, you can go ahead with the collection of your judgment. There is no 30 day waiting period, like there is for the original small claims trial. If you are the defendant and you completely win the appeal, you don’t have to pay anything.
[ Top of Page ]
What happens if I lose the appeal?
If you lose, you'll have to pay. You may have to pay more if the judge decides you owe a larger amount.
You may be ordered to pay the plaintiff's court costs such as service and filing fees. Interest will also accrue at 10% for each year the judgment is not paid.
You may be ordered to pay up to $150 for attorney fees and an additional $150 for travel costs, loss of earnings, and lodging reasonably incurred in connection with the appeal. Alternatively, if the judge finds you filed your appeal in bad faith the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings and lodging.
Filing an appeal in bad faith means that:
(1) you filed your appeal without strong support for your position,
(2) you intended to harass or delay the other party, and/or
(3) you filed your appeal to encourage the other party to abandon the case.
[ Top of Page ]
<< back
Last modified: 01/05/2009
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
