Legal Question in Civil Litigation in Indiana

Defendant appeals Small claims judgment

If, I as the defendant in a Small claims suit want to appeal the judgment, do I have to pay interest on the judgment while it is in appeal? What costs would I incur by appealing? This is in Marion County? Do I or the plaintiff have a choice of a jury or bench trial?


Asked on 3/27/04, 10:19 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Defendant appeals Small claims judgment

Interest will accrue on a judgment from the time a verdict or judgment is entered, although the situation with Marion County small claims appeals is fuzzy. If I represent an appealing defendant, I claim the appeal vacates the judgment. But there have been occasions when the small claims court disagreed and permitted the plaintiff to attempt to collect on the judgment. The Superior Court judge could intervene. Filing fees recently increased, to $109. Either side can ask for a jury trial. Do so within 10 days after the new complaint is served on you.

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Answered on 3/27/04, 1:05 pm


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