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San Jose California What to Do After the Court Decides Your Small Claims Case
State:
California
City:
San Jose
Control #:
CA-SC-200-INFO
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PDF
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FAQ
The first step to filing an appeal for an unlimited jurisdiction case is to file the Notice of Appeal with the Superior Court clerk. You have 60 days to file the notice after the clerk mails you the judgment, or the date the judgment was served. See California Rules of Court Rule 8.104 and Rule 8.108 .
WHAT HAPPENS IF I AM THE DEFENDANT AND I DO NOT SHOW UP FOR COURT? If you do not show up for the trial, the Plaintiff can ask for a default judgment against you as above. You will have missed your chance to tell your side of the claim to the judge.
Appeal. Only a defendant can file an appeal of a Plaintiff's small claims judgment. BUT if you are the plaintiff, and the defendant counter-sued you by filing a Defendant's Claim in response to your Plaintiff's Claim and you lose, you CAN appeal. A small claims appeal is a brand-new trial.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.
The judge will give their decision or 'judgment' at the end of the hearing and briefly explain the reasons. If the case is decided without a hearing or one side doesn't attend, the court will send a copy of the judge's reasons to each side. If you win, the judge will order the defendant to pay you.
You might be able to appeal - you'll need to do this within 21 days of the court's decision. You'll also have to pay a fee unless you're getting help with court fees. You need to ask the court's permission to appeal. The court will only consider your appeal if the judge made a legal mistake.
Small claims courts provide a simple, informal and inexpensive option for resolving cases where the claim is $7,000 or less. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment.
How to Persuade a Judge Your arguments must make logical sense.Know your audience. Know your case. Know your adversary's case. Never overstate your case.If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Don't' try to defend the indefensible.
2022 California Rules of Court (1) Except as provided in (2) and (3), a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.
Small Claims Court is a special part of the court where you can sue for money without a lawyer. You cannot sue to make someone do something or for pain and suffering. Anyone 18 years of age or older can sue in Small Claims Court. If you are less than 18 years old, your parent or guardian may sue on your behalf.