The guy appealed the court decision

[spawn_x]

What is the name of your state? CA

Sued a guy who hit me and didn't have insurance, won, BUT he appealed.

Question: Can this go into supreme court? I initially sued him in small claims.

Question 2: Is there a limit as to how far you can push the appeal? When I sued him the court date was about a month away, when he appealed the date is close to 3 months away.

Thanks.

 

[condaggitt]

Yo spawn:

i thought you had to put up the total amount of the judgment with the court before you can appeal.

 

[spawn_x]

beats me..

 

[JETX]

"Sued a guy who hit me and didn't have insurance, won, BUT he appealed."
*** Regretably, his right.

"Can this go into supreme court? I initially sued him in small claims."
*** Theoretically, it could, but it won't. The reason is.... it is very easy to appeal from small claims to Superior, since it is a trial de novo (new trial). However, to appeal from the more formal Superior Court would require the appellant to show that a judicial error was made.

"Is there a limit as to how far you can push the appeal? When I sued him the court date was about a month away, when he appealed the date is close to 3 months away."
*** This is one of the problems of using a 'people's court'. The hearing that was done in small claims, by the nature of that court, is informal and does not have the same 'rules' as a 'real court'. The defendant can appeal the ruling and have the case re-heard all over again only this time in a formal court. Superior Court will require both parties to follow Rules of Evidence, Rules of Court, etc. I would suggest that you consider hiring an attorney to represent you. Depending on your case and claim, it is possble that he may have to reimburse you if he loses.

 

[spawn_x]

Thanks for the advice Jetx.

A lawyer is out of the question - The judgement is for 1600, and I know that he will not get a lawyer, he would rather pay it off month to month.. The ******* is just wasting time..

Oh well, thanks again.

 

[stephenk]

Spawn,

A small claims appeal to Superior Court is just as informal as the original small claims hearing. There are no further appeals allowed.

Just bring your evidence and argue your case like you did in the original hearing. Barring any suprises, the appeals hearing should result in you still winning. the Superior Court judge will have access to the original small claims file and will read the notes of the small claims judge.

 

[spawn_x]

Sweet, thanks.

By the way, the hearing will be at the Burbank court.. small world.