we won small claims now defendent wants trial de novo is current case still upheld?or does it cancel judgement

Question

small claims was for landlords to return damage deposit,tryed to get it back through certified letters sent 3 times over 45 days with no response,also never got walk through after moving out,judgement was firm on walkthrough laws,with new trial does it still uphold current judgement?help confused

Answer 1

The laws and rules are different for every jurisdiction. You should seek the advice of a lawyer in your area.

Generally speaking, if a court reviews a case "de novo," the court will look at the facts and evidence without regard to the lower court's rulings or findings. In other words, it will look at the case as if it hasn't been ruled on already.

In your case, the opposing side is asking that the judge either review the evidence presented during the small claims hearing and make a decision based on that, or for the judge to require that you attend another hearing and re-argue your case. The judge will then likely be able to affirm the small claims ruling, modify the ruling or over-turn the ruling.

You may be able to call the court and ask the clerk to explain the appeals process for that court.

Good luck!

Answer 2

From what I know, you cannot appeal a small claims decision. If you have a monetary judgment from small claims, you can attach a lien to any real property the defendant owns, and, if I'm not mistaken, take the property to sell for resolution of the judgement. Be certain that any judge you go before knows of the judgement you have obtained through the small claims court. I'm pretty sure that nothing they will do will overturn the small claims court, however, the judge in a new trial could order you to pay a portion or all of the damages.

Good Luck..

Answer 3

regrettably the sole ingredient you're able to do is record a judgement with the courtroom. this might fee you greater funds yet a particularly nominal fee and greater place of work work. Any time interior the destiny that he tries to get credit for something your judgement will pop up. He isn't waiting to purchase a house or a automobile etc. till he pays you. additionally locate out who licenses pool builders and attempt to get help from them in gathering. sign up a criticism with the greater constructive employer Bureau too, whether in case you mess together with his employer and he has no earnings then you nevertheless lose. solid success to you.