If my landlord has a judgement against me and want to I appeal it, how doI go about that?

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If my landlord has a judgement against me and want to I appeal it, how doI go about that?

Asked on August 3, 2011 New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you can appeal the judgment that the landlord has against you depends on how old it is. If the judgment is a small claims court judgment, most states require an appeal within 30 days of notice of the judgment. If not done within that time period, any appeal would be untimely.

If the judgment is in a superior court action where the amount in controversy exceeds the maximum amount that one can have in the small claims court, the typical time period to file an appeal within sixty days after notice of entry of the judgement.

In your situation, if you just received the notice of entry of the judgment, you need to go down immediately to the court clerk and file your notice of appeal to protect your rights. If you have known about this judgment for several months, most likely the time to appeal the judgment has passed.

You should immediately consult with an attorney about your situation.

Good luck.

 


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