What do I do if the small claims judgement I won against my landlord has been appealed?
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What do I do if the small claims judgement I won against my landlord has been appealed?
I won a default judgement in small claims court against my landlord. Yesterday I received notice that they appealed the judgement. What options do I have now? How do I appeal the appeal?
Asked on May 15, 2011 under Real Estate Law, Washington
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most civil and criminal actions, with some limited exceptions, the parties have a right to appeal. If a party appeals, then the judgment is stayed (meaning placed on hold) until the appeal is decided. The question, therefore, is not how you "appeal" the appeal, but rather, how do you respond to the appeal. So far, it sounds like you have just received notice of the appeal, not the actual appellate paperwork, which will explain their basis for appealing. Once you get the actual appeal, you will have an opportunity to respond. This, however, is often fairly complicated. However, since this is just a small claims action the other party may have not hired an attorney, which will make things easier. I suggest consulting with the clerk's office at the small claims court that your judgement arose out of to more fully understand the procedure involved at this point in time in determining whether it makes sense, from a financial perspective, whether to hire a local attorney to handle this appeal.
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