small claims court appeal

[grizzly]

I live in NC

On the 8 of nov we were awarded a judgement againt the defendents we were suing.We did not recieve payment with in 10 days and on the 24 we mailed in a writ of execution. On the 25th we received a notice of appeal in the mail.
These are my questions:
1 It clearly states that notice must be given with in 10 days of the judgement.
2 it also says they must mail or deliver copies to us before filing it with the court.
This is what is confusing to us. I have the paper here and it says it was filed nov 20. it was mailed 24th and we recieved it the 25th. None of these dates fall with in the 10 day period.

Can anyone tell me if it is 10 days or ten working days because it doesn't specify .
Thank you

 

[I AM ALWAYS LIABLE]

I live in NC

On the 8 of nov we were awarded a judgement againt the defendents we were suing.We did not recieve payment with in 10 days and on the 24 we mailed in a writ of execution. On the 25th we received a notice of appeal in the mail.
These are my questions:
1 It clearly states that notice must be given with in 10 days of the judgement.
2 it also says they must mail or deliver copies to us before filing it with the court.
This is what is confusing to us. I have the paper here and it says it was filed nov 20. it was mailed 24th and we recieved it the 25th. None of these dates fall with in the 10 day period.

Can anyone tell me if it is 10 days or ten working days because it doesn't specify .
Thank you

My response:

It's always "calendar" days, unless the specific code section specifies otherwise.

IAAL

 

[grizzly]

Thank You for the reply, however i dont see any section that lists a "code". Do you mean specific state or county codes? Where/How would i find these codes? Any help would be appreciated.

 

[I AM ALWAYS LIABLE]

My response:

I could not locate a "specific" statute defining calendar day versus business day. However, it can be gleaned from the following that it was the intent of the Legislature to use "calendar day" when counting time periods, if there is nothing written to the contrary. The Legislature mandates the use of "calendar month" and "calendar year" in the following North Carolina Statute. This is the usual construction in most States, as it is in California (where I'm writing from).

"§ 12-3. Rules for construction of statutes. In the construction of all statutes the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the General Assembly, or repugnant to the context of the same statute, that is to say:

(1) . . .

(2) . . .

(3) "Month" and "Year". -- The word "month" shall be construed to mean a calendar month, unless otherwise expressed; and the word "year," a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord." When a statute refers to a period of one or more months and the last month does not have a date corresponding to the initial date, the period shall expire on the last day of the last month."

"§1-186. Exceptions to decision of court. (a) For the purposes of an appeal, either party may except to a decision on a matter of law arising upon a trial by the court within 10 days after the judgment, in the same manner and with the same effect as upon a trial by jury. Where the decision does not authorize a final judgment, but directs further proceedings before a referee or otherwise, either party may except thereto, and make a case or exception as above provided in case of an appeal. (b) Either party desiring a review, upon the evidence appearing on the trial of the questions of law, may at any time within 10 days after the judgment, or within such time as is prescribed by the rules of the court, make a case or exceptions in like manner as upon a trial by jury, except that the judge in settling the case must briefly specify the facts found by him, and his conclusions of law. (C.C.P., s. 242; Code, s. 418; Rev., s. 542; C.S., s. 570.) "

Every North Carolina statute that I found having a time limit for performing an act, only said "days" (see above Statute as an example) - - therefore, I construe this to mean "calendar day" and not "business day".

Additionally, the days begin to be to be counted from the next date after deposit in the mail, to the last day for an act to be performed.

If there's any ambiguity, don't blame me. Blame your Legislature.

IAAL

 

[grizzly]

again thank you for you reply.
We are seeing a lawyer tomorrow.
I called the court house today and was told that ten days meant ten calender days, but because the 18th( the 10th day)fell on a saturday they had until the 20 th. Which to me doesn't sound like calender days.Is it possible that they are not knowledgeable enough in the law to know what the heck they are talking about?
Is this something that will go to court regardless and then be thrown out ( if not in the required time)? Do you think it would be in out best interest to have a lawyer representus in court? ANd how do we sue for his fees?
Thank you for your time and good day.

 

[I AM ALWAYS LIABLE]

again thank you for you reply.
We are seeing a lawyer tomorrow.
I called the court house today and was told that ten days meant ten calender days, but because the 18th( the 10th day)fell on a saturday they had until the 20 th. Which to me doesn't sound like calender days.Is it possible that they are not knowledgeable enough in the law to know what the heck they are talking about?
Is this something that will go to court regardless and then be thrown out ( if not in the required time)? Do you think it would be in out best interest to have a lawyer representus in court? ANd how do we sue for his fees?
Thank you for your time and good day.

My response:

I imagine you're going to run all these questions, and your "calendar day" question by your attorney. Therefore, I would really be interested in knowing if my interpretation was correct, sort of correct, or completely off base.

Not having practiced in North Carolina, and only in California, I can only draw my conclusions of your matter based upon generally accepted principles of law, and what few statutes are available on the subject. There may even be some case law on the subject, of which I am not privy, and your attorney knows about concerning your questions.

So, it would be nice to have some feedback to see how close I came to the reality of your legal questions.

Thanks, Grizzly.

IAAL

 

[grizzly]

unfortunately the lawyer we saw today was not as helpful as we hoped. He was a military lawyer ( as we are military) and seemed to think that it meant working days.
We are seeing a civilian lawyer tomorrow.