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Small Claims Court
Decisions and Appeals
 
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Small Claims Court
Decisions and Appeals

After hearing all evidence by both parties, the judge announces his or her small claims court decision; it's called the "Judgment".

If the plaintiff wins, the judge will decide how much money the defendant owes. If the defendant wins, the judge will dismiss the case without awarding any money to the plaintiff. If the defendant has brought a counterclaim the judge will either dismiss it or decide how much money the plaintiff owes the defendant

Judgements - types and forms granted

If the plaintiff wins, the judge will award a money judgment. If both parties are present for the hearing, the judge may prescribe certain terms and conditions for paying the judgment, including a payment plan.

If you are the plaintiff, once the judge enters a judgment, immediately ask the judge to inquire of the defendant if he or she is able to pay immediately. If the defendant cannot pay immediately, you should ask the judge to order a payment plan.

See How to collect a judgement

Appealing a Small Claims Decision

Neither the defendant nor the plaintiff can appeal a judgment if the amount initially claimed by the plaintiff is less than a certain amount (typically $300).

If the party who files a claim or counterclaim loses, he or she is not permitted to appeal if the amount claimed was less than $1,000.

Otherwise, if you lose and a judgment is awarded against you, you can appeal the judge's decision. To appeal, you must pay for the superior court filing fee (typically $100).

In most states, if you wish to appeal, you must file your appeal within 30 days of the date the judgment was entered.

In order to file an appeal, you must:

Complete a written Notice of Appeal.

Serve a copy of your Notice of Appeal on the other party and file an affidavit or certificate of service with the district court clerk where your small claims case was originally heard. You can use the return of service form

File the original of the Notice of Appeal in the district court where your claim was heard.

Pay a transcript fee ($5 to $12) to the district court clerk to have the transcript of your hearing prepared and forwarded to the superior court.

Post a bond of cash or surety (usually $100) at the district court. Note: To postpone enforcement of the small claims judgment against you, you may have to file a bond of at least twice the amount of the judgment.

Pay the filing fee in cash, money order or cashier's check payable to the superior court clerk. (fees range from $75 to $150)

Once you have filed an appeal, the superior court will notify you of the procedures and date for hearing your appeal.

Rich's Enterprises, L.L.C.
Prattville, Alabama (Est 1998)
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