Many different types of cases go before the California small claims court each day. This is a very effective way to go about getting the money that is owed to you. Regardless of which side you are on at the hearing though you need to present all you can. You want the judgment to be in your favor. With every case though there will be one side that walks away the winner and one that walks away owing the judgment.
Not everyone will be happy with the outcome of the hearing though. That is why there is an appeals process in place to be looked at. Keep in mind that if you were the one who brought the case into the court and you lose the hearing, you can’t file an appeal. This is a right that is reserved for the one defending themselves should they lose the hearing.
The time frame for filing the appeal is 30 days after the Notice of Entry of Judgment is presented. It will be a $75 fee at the time that you file your Notice of appeal with the California small claims court. During the time between the first hearing and the appeal hearing the person doesn’t have to pay on the judgment that was put into place. This is a very common reason why the appeal is filed. It gives them more time to figure out what they can do to pay the money they are going to have to give.
This can be frustrating for the person who won the hearing though. They will have to wait to find out if they end up getting any money or not. There will be a new hearing set up where both parties get to present their information again. It is wise to pay attention to the first hearing to determine if there is anything else you can bring along to the second hearing to win it.
Both parties will be trying to do this so expect the second hearing to be much more detailed than the first. This second hearing should take place from 20 days to 70 days from the date that the appeal was filed. Sometimes the other party will show up with more information. In many cases though they only want to draw out the inevitable of giving someone what the court determined they owe. It can be viewed as a way to get back at the party who filed the case with the California small claims court.
There is only one appeal per case with the California small claims court. This means the one that the judgment is against can’t keep on appealing and dragging out the process. Even if the case does get appealed, it is very likely that you will get the results faster with small claims court than a legal proceeding of another nature. To find out all the details of the appeals process go to http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm#appealdec.
If you have sued and won in a California Small Claims Court and have yet to collect on your court-ordered money judgment, submit your case for consideration and we may be able to turn your small claims court judgment into cash.
