Legal Question in Civil Litigation in Indiana
Appeal small claims
It the defendant is willing to pay judgment and plaintiff won't accept it, and wants an appeal, does interest accrue against the defendant on his judgment?
Asked on 3/26/04, 2:36 pm
1 Answer from Attorneys
C. David DuMond
Law Offices of David DuMond
Re: Appeal small claims
In Marion County an appeal from small claims judgment results in a "trial de novo," meaning a whole new trial. The appealing plaintiff would have to pay the superior court's new case filing fee, and the plaintiff could lose everything. Therefore, don't pay the judgment. In other counties, the appeal is treated like a regular appeal, so if the defendant wishes to pay the judgment, then it should be paid to the clerk of the court, so no interest would accrue on it.
Answered on 3/26/04, 2:46 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
