What is the name of your state? Indiana
I filed a small claims case against my neighbor for some work I hired him to do that he messed up, and he in turn counter-sued me for money he felt I owed him. The case was presented about a month ago, and I won my claim for 2500.00, and he lost his counter-claim. Today, I received a copy of a document they filed with the court that reads......
VERIFIED 60(B) MOTION TO SET ASIDE JUDGEMENT.....and goes on to say that he feels the judges decision was unfair, and that he felt the judge misunderstood his presentation, etc....and just lists all of the same evidence he presented originally, and ends with him stating he feels the judgement needs to be set aside for a new hearing.
I understand after a judgement, that a person has 30 days to appeal, but is this the appeal process?.....I thought appeals would go through an appeals court. Do I need to do anything at this time, or is this more a plea from him to the judge in an effort to get him to reconsider?, and if so, is this typically retried? Just trying to understand the process....I assume the court will reply to their motion and either deny it, or retry the case, and I assume I will get a copy of their response, but I just want to make sure if I need to do anything at this point.
Thanks in advance.
I filed a small claims case against my neighbor for some work I hired him to do that he messed up, and he in turn counter-sued me for money he felt I owed him. The case was presented about a month ago, and I won my claim for 2500.00, and he lost his counter-claim. Today, I received a copy of a document they filed with the court that reads......
VERIFIED 60(B) MOTION TO SET ASIDE JUDGEMENT.....and goes on to say that he feels the judges decision was unfair, and that he felt the judge misunderstood his presentation, etc....and just lists all of the same evidence he presented originally, and ends with him stating he feels the judgement needs to be set aside for a new hearing.
I understand after a judgement, that a person has 30 days to appeal, but is this the appeal process?.....I thought appeals would go through an appeals court. Do I need to do anything at this time, or is this more a plea from him to the judge in an effort to get him to reconsider?, and if so, is this typically retried? Just trying to understand the process....I assume the court will reply to their motion and either deny it, or retry the case, and I assume I will get a copy of their response, but I just want to make sure if I need to do anything at this point.
Thanks in advance.