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small claims appeal

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cdrahlf

Guest
What is the name of your state? I live in Oklahoma. I just lost a case in small claims court and wanted to know what my appeal options are and what the time line to file an appeal is.
 


stephenk

Senior Member
does the paper you received from the court provide any information on appeals? you were the defendant, right?
 
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cdrahlf

Guest
yes i was the defendant, there was nothing about appealing on the judgement. i have searched online and have only found a few states, oklahoma not one of them, that have information on how to appeal a small claims judgement. the main problem with the case was that i was not prepared for the argument that the plaintiff provided. i did not realize what case the plaintiff was making before the hearing.
 

stephenk

Senior Member
you had no idea why you were being sued?

call the court and ask for the small claims clerk. they should help you regading time limits for appeal.
 
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Peter Domino

Guest
You should have received a notice of the small claims action against you....typically the plaintiff is required to get this to you either via certified mail OR being served to you...regular mail typically is not accept cause there is no proof of delivery....is your address correct on the paperwork you rec'd at the hearing??? If you recently moved you would be required to contact the state and let them know....
Be it known, appeals typically are only listened to if you believe there was a judicial wrong doing...not liking the judgement issued upon you isn't accepted...during the hearing you might have also pleaded ignorance and asked the judge for additional time and a new hearing date to better prepare...but it all goes back to you properly receiving notice of the hearing, which by being there really explains that...you might also be able to request a new hearing based upon new evidence....speak to the clerk of the court....by empathetic...it helps big time...good luck
 

JETX

Senior Member
Yes, you can appeal a Small Claims judgment in Oklahoma.
"If you do not agree with the decision rendered against you, you have the right to appeal. This appeal would go to the Court of Civil Appeals, and then, potentially, to the Oklahoma Supreme Court. In these appeals, however, you would be held to the same formal pleading requirements, including the necessity for citations of legal authority (case law) as an attorney. This can be a costly and time-consuming process, taking up to two years to resolve. Often, however, you will be required to post a bond to cover the Plaintiff's losses if your appeal does not succeed. "

This is covered under Oklahoma, Civil Procedures, §12-36-1763:
"Appeals may be taken from the judgment rendered under small claims procedure to the Supreme Court of the state in the same manner as appeals are taken in other civil actions"
 
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cdrahlf

Guest
ok, here i what happened. i hit a parked car, i caused a small dent, much like a ding from opening a door. it jjust needed to be pulled out as i did not scratch the paint or cause a crease. i located the owner of the car inside the business where it was parked and gave him my information and showed him the damage i caused to his car. he told me he was not worried about it because it was not bad but i told him i would pay to have it repaired. a few weeks later his mother calls me with a very large estimate that included other damage. the car has damage caused by another vehicle. this was obvious because the damge included white paint and i have a purple truck and did not trade paint in the accident. his father admitted to causing some of the damage listed on the estimates. we met with him at a repair shop and got an estimate for the damage i caused but they only offered an eighty percent chance for repair, but the estimate was less than 10% of the other estimates. unsatisfied with the lower estimate the father said he would mail me new estimates for the damge i caused. the next thing i recieved was two months later from an attorney demanding payment. i responded with this information and then i recieved the summons in the mail. At court they presented photos of the car that did not include the damge i caused but the damge to other parts of the car. there was no witness to the accident other than myself, but i explained that, and provided that i had a purple truck and could not have caused the damage they were showing, but i lost. if i had known that they were figthing about the damge i caused rather than the amount of money i was responsible for i could have prepared with statements from the repair shop since the gentleman told them that i could not have caused the damage and also pictures of my truck that would have proven that i did not cause the damage. i thought i was fighting about the difference in the cost for repairs for actual damage. i thought i was doing the right thing, but this case has proven why people chose not to own up to their responsibilities. it is to costly to be honest.
 

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