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I won-they appealed - what do I do to protect my judgement

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S

suuqe

Guest
texas
i won a judgement in small claims the defendant appealed
what should i do now? hire a lawyer? he is a large corporation and i am just a single working girl. i cannot afford to go any further into debt. can they actually overturn the verdict by a jury?
 


JETX

Senior Member
Sounds like you are about to learn one of the 'secrets' about Texas Small Claims courts..... that is, if the losing party appeals, you get to start ALL OVER. This is called a "Trial De Novo", literally: "a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place".

Since the Small Claims court is NOT a "court of record" (meaning there is no transcript of what was said or occurred), the case will now be transferred to a 'higher' court, the County Civil Court at Law. This court is a more formal court and that fact may very well force you to have a lawyer represent you since the formal rules of evidence and process will be required. And naturally, the appellant (the party who appealed the judgment) is counting on your not being able to afford or find an attorney, and thereby forcing you to drop your case. I know that this isn't really fair, but that is just the 'system'.

You basically have three options:
1) You can find an attorney who will represent you in your case, or
2) You can attempt to represent yourself, or
3) You can try to negotiate a settlement with the appellee.

Basically, the roles have now been reversed. You may have an absolute solid case, but you are now in the position of having to hire an attorney to protect your judgment.

I would suggest that, depending on the value of the judgment, you at least consider talking with an attorney in your area. You can call your county Bar Association and ask for an 'attorney referral', these are normally very low priced (or free) for a 30 minute or so meeting to discuss your options. Depending on your cause of action, it is possible that you could recover attorney fees in the appeal. Your attorney can advise you if this is possible.

And if you do decide to proceed on your own, you are going to need a quick 'education' in the law. I woudl suggest your going to a LARGE library or bookstore and find any books you can on Texas legal proceedings. One good book is "How to win in Small Claims in Texas" (it will cover the principal legal processes). Or you can find relevant books at the Nolo Press website (http://wwww.nolopress.com/ )
 

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