Small Claim Case-Received Notice of Appeal 1 1/2 years later

[equinecpa]

What is the name of your state (only U.S. law)? Texas

I sued a delinquent client in small claims court in TX for $2200. The case was heard in March 2012 and the judge decided in my favor. I received the judgement by mail a few days later. I inquired about enforcing the judgement but was verbally told that the case was being appealed. I never received any notice in the mail, nor did I receive notice from the defendant's attorney.

I have since moved out of state (800 miles away) and lo and behold this month I get a notice about a status hearing pursuant to the case. I wrote to the county clerk advising them that I had never received notice of appeal. I later talked on the phone with the clerk and they said per their files a notice was sent by mail in March 2012. I didn't receive that notice. She also advised me that the defendant's attorney is now a district judge and can no longer represent the client but had not withdrawn from the case. She gave me the attorney's contact #. Since I'd like to settle this case without going to court I called and talked to the attorney's wife (small firm). She said she'd discuss with her husband. I haven't heard back yet.

I'd like to know 4 things:

1) If I want to settle this case should I just mail a certified letter offering settlement to my client? Should a notice go to the attorney on record?

2) The status hearing is set for 10/10/13. I can't make it-do I file for a continuance stating I'm trying to settle, and that for business reasons I'm unable to attend the hearing and that I haven't been able to retain legal counsel (all true-I'm a tax accountant and the final deadline for 2012 returns is 10/15-so making a trip for this status hearing would be time and cost prohibitive.

3) If I file for a continuance, do I still need to hire an attorney to go to that hearing as I won't be able to attend? What can I expect to pay? Since we're only talking $2200 I can't justify spending much, especially if it's likely to be settled out of court.

I'd appreciate guidance!

 

[swalsh411]

So in a year and a half you have not attempted any collection to enforce the judgement? Why the heck not? Why would you sue if you had no intention to collect?

 

[equinecpa]

Because I couldn't enforce my judgement with a pending appeal.

 

[swalsh411]

Sometimes you have to take the bull by the horns. You were told verbally by a Court clerk (some of the most overworked people on the planet) over the phone that it was being appealed. You received nothing from the Court. Have you considered the possibility that you received bad information?

A judgement is not going to collect itself. There is no reason you should have not attempted collection as soon as you won, and no reason why you shouldn't start now either.

Your stalling may end up costing you $2,200

 

[equinecpa]

I have a notice of hearing..this has been appealed even though I have received incomplete paperwork.

I'd love a response to my questions.

 

[Ohiogal]

I have a notice of hearing..this has been appealed even though I have received incomplete paperwork.

I'd love a response to my questions.

You received incomplete paperwork. You knew of the appeal which is why you couldn't collect. You should have contacted the court of appeals and made sure they had your address. You should have participated in the appeal. You royally screwed this up. You need an attorney.

 

[equinecpa]

They have my correct address-no mail was sent to an incorrect address. There has not been an appeal hearing yet-that is what the notice I received was about (perhaps I wasn't clear in my first post). I think somehow the file got totally misplaced at the clerks office. That's why it laid dormant for a year and a half. There is a status hearing coming up and hence my questions below. The appeal hearings have not taken place yet.

 

[Ohiogal]

They have my correct address-no mail was sent to an incorrect address. There has not been an appeal hearing yet-that is what the notice I received was about (perhaps I wasn't clear in my first post). I think somehow the file got totally misplaced at the clerks office. That's why it laid dormant for a year and a half. There is a status hearing coming up and hence my questions below. The appeal hearings have not taken place yet.

Appeals normally have an oral argument and are based on briefs.

 

[TigerD]

Appeals normally have an oral argument and are based on briefs.

My understanding was a small claims appeal was handled with a new trial before a circuit judge.

On the plus side -- in Texas the defendant who files and appeal has to post bond -- I think it is double the judgment. So the OP should be able to collect a little easier.

DC

 

[equinecpa]

My understanding was a small claims appeal was handled with a new trial before a circuit judge.

On the plus side -- in Texas the defendant who files and appeal has to post bond -- I think it is double the judgment. So the OP should be able to collect a little easier.

DC

This is correct. So since I'm 800 miles away, and don't believe travel costs will be recoverable-what is my best course of action given the circumstances listed in my first post?

 

[TigerD]

This is correct. So since I'm 800 miles away, and don't believe travel costs will be recoverable-what is my best course of action given the circumstances listed in my first post?

Road trip or hire an attorney or drop it.

DC

 

[falegalnewbie]

Have you checked the statutes on time limitation for appeal? You can file written response asking for dismissal on time expiration for appeal. No travel. A local attorney would help in drafting the letter.