HWG LAW GROUP has represented many defendants in civil court on their appeal. Many defendants who lose their case know very little about appealing to superior court. Plaintiffs who brought the law suit lose cannot appeal and their case simply ends period. For the defendant the fight is just beginning.
Under local rules attorney’s are not allowed to participate in any court proceedings and cannot even stand next to the party in court. While there is no exclusion from appearing as a witness it cannot be as a retained advocate.
Now an attorney such as HWG LAW GROUP-A PROFESSIONAL CORPORATION can help prepare the party for their day in court HWG LAW GROUP-A PROFESSIONAL CORPORATION cannot appear anywhere on the complaint. While it is always well worth retaining Mr. Green to help prepare the very best case for small claims court the actual argument is the job of the litigant and their witnesses. Even exchanging evidence and attempting to demand payment terms prior to going to court the parties have to go it alone.
Once the case is decided usually be mail a day or two after court the defendant has 30 days from the mailing fate on the judgment to appeal. There is a required filing fee and is usually around $90.00 regardless of loss amount. The clerk has a window for small claims and payment is made then. The clerk’s office will mail to both parties the new court date. A continuance can be made in writing for a small fee if made within ten days of the assigned hearing date.
At the court date set for the appeal the proceeding is called trial de novo or as if heard for the first time. A judge may order a judgment to nothing may keep the original award in tact or increase it to what the plaintiff originally was asking for. As the rules of evidence are loosely followed including hearsay it is far easier to have all the exhibits admitted. The matter usually takes no more than an hour but often times under 30 minutes. For this reason the appeals process goes much faster than at the small claims court level.
Many defendants find the appeal process intimidating. Judges are often impatient and have wedged the appeal just before trial resumes or a motion calender starts. HWG LAW GROUP-A PROFESSIONAL CORPORATION can calm the waters by getting the party prepared and control the arguments and lead the question and answer period on both sides.
Up until a few years ago the limit for private parties who are not corporations was $5000. While it is still $5000 for corporations the limit for private parties has now been raised to $10,000 caped at twice a year. Many parties would forgo hiring an attorney to appeal their case if the matter was under $5000 but now with $10,000 as the cap it has now become financially worth while to hire an advocate to help reduce eliminate and even increase that small claims award. The up front cost still allows the defendant to have a profit at the end in most cases and of course erase a judgment from the on line civil case data base . Judgments for a business or small company can affect insurance rates trigger bond levy’s which then have to be paid back and lastly the collection phase of that judgment which can be another time consuming litigious block of ones times. Bank accounts can be levied and so forth.
In help with your small claims case please consider having Mr. Green and the HWG LAW GROUP-A PROFESSIONAL CORPORATION help. With three convenient bay area locations to meet and discuss the various options and approach planning . Sincerely Mr. Holden Green owner of HWG LAW GROUP-A PROFESSIONAL CORPORATION.