win in Small Claims Court

[alicen]

I won a small calims court case in NC for 3,000 dollars, and the defendandt appealed right then. The judge said he had ten days to file and that we would be notified by mail of a new court date. Are we going to small claims court again or a higher court? Also, I was wondering if it is in our best interest to hire a lawyer now, or should we just continue on our own? We feel like we have a pretty strong case against him, however we want to be covered in evey way. Thanks so much.

 

[JETX]

If he in fact does appeal (a lot of them threaten, but don't when they find out what is involved), you will need to see if they hire an attorney. If not, you might consider also going without one since the field will be level (you will both be handicapped by the lack of legal experience and knowledge). If he in fact hire an attorney, you should consider doing the same to protect your rights. Depending on the claim (and your state), your attorney fees might be compensable if you win... talk with your attorney.

 

[alicen]

Thanks Halket..A couple of questions..How will we be able to find out if he hires a lawyer? I know the judge said we will be notified by mail in twenty days of a new court date. Will we be going to district court if in fact he does file appeal? Since we have inquired new monetary losses ie time out of work, can we be compensated for this also? Thanks so much!!!

 

[JETX]

Q1) "How will we be able to find out if he hires a lawyer?"
A1) You will probably start getting letters from his office.

Q2) "I know the judge said we will be notified by mail in twenty days of a new court date. Will we be going to district court if in fact he does file appeal?"
A2) Yes.

Q3) "Since we have inquired new monetary losses ie time out of work, can we be compensated for this also?"
A3) Probably not. Most Small Claims court cases do not provide for compensation due to lost wages.

"Thanks so much"
Your welcome