From Magistrate Court to State Court

[vleespet1]

Georgia

Dear Forum members,

I have won my small case a few months ago in the magistrate court of Georgia.
I sued my builder for the repairs he did not fix after completion of an enclosed porch.
This was all done without lawyers. In the end he basically made a fool of himself causing him to loose the case.

The defendant has filed an appeal to the State Court.
When my wife called for information they told her that he filed with Magistrate and that when they receive the paperwork they will bill him the fees and he than has 30 days to pay. After payment they will set a date.

Questions:

1. Since I'm tired of the waiting for reimbursement can i add interest to the original amount I was awarded?
2. Can I add a day of lost wages?
3. Can I add to the original damages that i only noticed at a later time, for example that I found out after the water damage that I need to replace my matrass?
4. Should I spent money on an attorney since this is a higher court and he might be bringing one?
5. If I decide to hire an attorney can I ask him to pay attorney fees?

Any advice on how to handle this will be greatly appreciated.
Thank you

Ron

 

[racer72]

1. Since I'm tired of the waiting for reimbursement can i add interest to the original amount I was awarded?

Only after the appeal process is complete then if you win, you can charge 12% interest starting 30 days later.

2. Can I add a day of lost wages?

Only if it was awarded in your original judgment.

3. Can I add to the original damages that i only noticed at a later time, for example that I found out after the water damage that I need to replace my matrass?

No.

4. Should I spent money on an attorney since this is a higher court and he might be bringing one?

Based on your lack of knowledge of the court system, that would probably be a good idea.

5. If I decide to hire an attorney can I ask him to pay attorney fees?

Nope, that's your decision.

Notice a theme in all the answers? You can only collect what was originally awarded to you, not a penny more. Till the appeal process is through, you can do nothing.

 

[FlyingRon]

Most of racer's answer is wrong as it is couched as if the refiling in superior court was a traditional appeal. It is not. The "appeal" to the superior court invalidates the magistrate proceeding and the whole thing starts over de novo. Superior court is not the loosy goosy nature of the magistrate court. It would behoove you to have an attorney.