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Find the Rules and Forms Website for Your Local Small Claims Court. See if a Pretrial Settlement Makes Sense. Answer the Plaintiffs Complaint. Remember You Dont Have the Burden of Proof. Consider a Counterclaim, if Appropriate. Use Discovery Well. Make a Legal Argument. Have Your Evidence Ready.
If you do not pay the judgment within 30 days or file a Motion to Vacate the Judgment or Notice of Appeal the judgment creditor can garnish or seize your property.
After a Decision is Issued Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts. Step 5: Confirm that the record has been transferred to the appellate court.
Use the form called Notice of Filing Notice of Appeal (SC-140) . You have to pay a filing fee. If you are unable to pay the filing fee, you may apply to the court to have the fees waived. Your appeal will be dismissed if you file it late or do not pay the filing fee.
The appeal may be denied if you cannot show that the lower court made a legal mistake. Some of these mistakes include a violation of your rights, a biased trial judge or denial of counsel. It is worth noting that appellate courts have broad discretion in deciding whether to hear an appeal.
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You can file an appeal if you are the Defendant and lose on the Plaintiffs Claim. If you are a Plaintiff, you cannot appeal the loss of your own claim. A Plaintiff can only appeal if the Defendant countersues and you lose on the Defendants Claim.
Notice of Motion to Vacate Judgment and Declaration (SC-135) Ask the Small Claims judge to cancel the decision they made in your case. Get form SC-135. Effective: January 1, 2007.

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