Legal Question in Appeals and Writs in California
small claim court appeal
I was sued in small claims court for a outstanding balance due for a installation of graphics. The judge ruled for the plaintiff,and the judge would not look at copy's of checks showing proof of evidence that plaintiff was paid in full.There was a verbal contract between us and the installer did not provide me with receipt of payment and balance due.Can i countersue or is the verdict final
4 Answers from Attorneys
Re: small claim court appeal
You can timely appeal and have a new trial. You can take an attorney to that trial.
Re: small claim court appeal
You can't countersue, but you can appeal -- assuming the deadline has not already passed.
A small claims court appeal is essentially a new trial. You will get a different judge, and the plaintiff will have to prove his or her case all over again. You will have another opportunity to offer your evidence as well. But unlike the original trial, the parties will be allowed to bring lawyers if they want to.
Good luck.
Re: small claim court appeal
You can - and probably should - immediately file a Notice of Appeal. This will entitle you to a new trial in front of a different judge, and another opportunity to present your case. The Clerk of the small claims court has the forms that you will need to complete to prosecute the appeal
Re: small claim court appeal
You have 30 days in which to file an appeal. The new trial is "de novo" which means that the entire case is retried. Please contact us if you have any other questions.
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