Small Claims Judgement Appeal

[john27z]

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

I was awarded a judgement in Small Claims court on Feb 21st, 2011. On Mar 24th a received a letter stating the claim is being appealed and the paperwork was filed on Mar 23rd. (30th day) On what grounds can you appeal a judgement? I've filed all the paperwork for garnishment. The papers have been served to the defendant's employer on Mar 15th and I sent the certified letter to defendant on the 21st. Will I have to resubmit and pay the garnishment paperwork again?

Thanks

 

[Zigner]

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

I was awarded a judgement in Small Claims court on Feb 21st, 2011. On Mar 24th a received a letter stating the claim is being appealed and the paperwork was filed on Mar 23rd. (30th day) On what grounds can you appeal a judgement? I've filed all the paperwork for garnishment. The papers have been served to the defendant's employer on Mar 15th and I sent the certified letter to defendant on the 21st. Will I have to resubmit and pay the garnishment paperwork again?

Thanks

1: Defendant has the right to appeal - doesn't need a reason.
2: You should have waited until after the time to appeal had elapsed (plus some for mailing time).

The appeal will be heard in a higher court.

 

[latigo]

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

I was awarded a judgement in Small Claims court on Feb 21st, 2011. On Mar 24th a received a letter stating the claim is being appealed and the paperwork was filed on Mar 23rd. (30th day) On what grounds can you appeal a judgement? I've filed all the paperwork for garnishment. The papers have been served to the defendant's employer on Mar 15th and I sent the certified letter to defendant on the 21st. Will I have to resubmit and pay the garnishment paperwork again?

Thanks

Georgia doesn’t have a small claims division!

Claims involving $15K or less are heard in Magistrate Court and all appeals are made to the state court of the county or to the superior court of the county. And the case is tried de novo.

“the same to be a de novo appeal.” (Georgia Code Title 15 Chapter 10 Sections 1,2, 40-53)

Georgia Magistrate Courts are not courts of record. Consequently there is no requirement that the appellant cite specific errors in law or findings of fact as grounds for the appeal.

 

[Zigner]

Georgia doesn’t have a small claims division!

Semantics - even Georgia's official court web sites refer to "small claims" cases.

 

[davidmcbeth3]

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

I was awarded a judgement in Small Claims court on Feb 21st, 2011. On Mar 24th a received a letter stating the claim is being appealed and the paperwork was filed on Mar 23rd. (30th day) On what grounds can you appeal a judgement? I've filed all the paperwork for garnishment. The papers have been served to the defendant's employer on Mar 15th and I sent the certified letter to defendant on the 21st. Will I have to resubmit and pay the garnishment paperwork again?

Thanks

Not smart .. should have waited until after the 30 days to file anything further ... so you will have a new trial

 

[Zigner]

Not smart .. should have waited until after the 30 days to file anything further ... so you will have a new trial

Thanks for the echo - our OP may have missed it the first time, right?

 

[Chien]

OP – To answer the questions that you actually asked rather than the replies members chose to provide, an appeal from a Small Claims judgment is a trial de novo (a new trial on the same issues). There are no specific grounds in the sense the appellant is petitioning the higher court to hear all of the disputed issues again on their merits and all applicable defenses and exculpatory evidence will be considered as if for the first time.
You don’t say whether you won a default judgment. If that was the case, no appeal is available in GA.
The time for filing the appeal is 30 calendar days from the date of entry of judgment (which should have been the day that it was ordered/signed. No additional time is given for mailing of notice and, if mailing was necessary for the appellant, it would logically follow that you got a default judgment (see above).
As to your final question, if you prevail (again), you will have to pay for a new garnishment, because it will be based on a “new” judgment. (Which is what makes me wonder if you didn’t get a default judgment. I’ve never known a court to permit enforcement until the time for appeal expired, but I suppose mistakes do happen.)
The relevant portion of your statute follows:

O.C.G.A. 15-10-41 (2010)
15-10-41. No jury trials; appeal

(b)(1) Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Article 2 of Chapter 3 of Title 5 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. The provisions of said Article 2 of Chapter 3 of Title 5 shall also apply to appeals to state court.

(2) No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial.