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If you lose in a small claims court can you take them to a higher court?
Wiki User
∙ 14y ago
The laws pertaining to the establishment and operation of small claims courts vary from state to state and nation to nation. There are some areas where the losing party may seek a "trial de novo", litarally a new trial, in a more formal setting.
While typically one may represent themselves, you will have to consult with a local attorney to find the the specific law and procedure in your area.
Wiki User
∙ 14y ago
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What happens if I live out of state and can't go to small claims court?
You lose.
Do you have to be present at small claims court?
In small claims court, you as the plaintiff or defendant do need to be present during the hearing. If you are unable to attend, you should notify the court in advance and seek rescheduling or alternatives like representation by an attorney or authorized agent.
Who decides if civil or small claims?
The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.
Can you sue in small claims court if you lose the first time?
The broad answer is no, but you should understand why. 1. The term small claims court is used to describe the subject-matter jurisdiction of the court. Subject-matter jurisdiction pertains to the type or amount of money or property that a court is given the authority to address in a lawsuit. For example, small claims court jurisdiction of a court may be $5000. Frequently, small claims court is a "subset" of another court. The name of that court differs state to state, but is sometimes called County Court. That court also has stated subject-matter jurisdiction. In civil (as opposed to criminal) matters, the jurisdiction may go as high as $15,000). If the case is within the jurisdiction of small claims court, it usually proceeds under a more relaxed set of procedural rules. If more money is at stake such that small claims jurisdiction is exceeded, the case proceeds more formally. Often, the same judges that handle small claims cases also handle the larger dollar cases because small claims court is a division of County Court (by whatever name it goes in your State). 2. I assume by your questioin that you want to try to recover something from the other party after having lost the first time. Presumably, you are willing to take less than previously claimed, and at first sued in a court that had higher subject-matter jurisdiction. You cannot do this if the fist case was decided upon its merits (on the facts). This is because of a legal principle called "res judicata". It exists to provide certainty to the law and to bring an end to litigation over the same facts. It prevents the relitigation of the same facts by and between the same parties. 3. If you have used the term "lose" to refer to a dismissal of the case for what may be considered a "technical" reason (for example, the failure to appear at trial), you may have a shot at refiling the case. Often, the law of a State allows one such refiling if there has not been a decision by the Court on the merits of the case, and if the Statute of Limitations for the cause of action has not expired. But remember, if you try to refile in Small Claims Court, your case will have to fit within the confines of the subject-matter jurisdiction of that Court.
What are the penalty for false copyright claims?
The only form of penalty is possibly having to pay the defendant's court costs if you lose.
If you have only liability auto insurance should your insurance provider help you with a claim settlement against another insurance company after a auto accident?
no - your insurer is under no "obligation" to help you. Best bet is to pursue through small claims court. if damage is greater than small claims value - consult an attorney and negotiate a reasonable fee (usually a % of settlement amount and you owe nothing if you lose)
Do you lose your no claims bonus if other party claims off you?
gio
How can get you get your money back from a contractor who has done a poor job?
Getting the money back from a contractor that did not do the job will probably be a challenge in many cases. You can ask for the money back. If they wont give you the money back, you may have to file a civil suit in the courts.
What is meant by unpaid claims?
When you claim for money but you lose you argument and get no money.
How can a judge lose at court?
Judges don't "lose" in court, they rule on cases and points of law. Occasionally their decisions may be overturned by an appeals court, but that is not described as a "loss."
Would you lose your no claims if your car were to be stolen?
probably if you make a claim anyway
What happens when you lose in small claims court and must pay the plaintiff?
The person will not go to jail, as such an issue is a civil matter not a criminal one. The winning plaintiff in a lawsuit is responsible for enforcing the judgment entered, the court will not do it for you, regardless of whether it is a small claims, circuit or district court case. A small claims judgment can generally be used only as a monetary recovery, only a few states allow such judgments to be executed as liens against real property. The best option is wage garnishment or bank account levy. The person must be cautious in the execution of a judgment so as not to cause impediment to exempt property belonging to the debtor or any joint property owned with someone who was not a part of the lawsuit. The clerk of the court will assist a judgment holder in obtaining the court forms and prescribed procedures needed. Please be advised, court clerks or administrators may only impart general information. They cannot (will not) give legal advice nor comment on what the best action is for a plaintiff or defendant to take.
