wht happens after someone appeals a court case?

Question

ok- I took someone to court and won the case. The person i took to court appealed the case 1 month later. What happens next? Does this person just get away with not paying me what i am owed?

Answer 1

Yes. Judgment is suspended until/unless the appeals tribunal rules in its favor. If so, that is, if appeal tribunal UPHOLDS trial judgment in your favor, you'll be entitled to some gravy in the form of COURT-ORDERED INTEREST accumulating from the date of trial judgment. That's how it works here, anyway. Think of that. Plus a whole new set of legal guns (super-priority creditors' remedies) to ensure the judgment is fully satisfied according to the court order.

Of course, you might decide the cost of answering the appeal exceeds the amt at issue. If so, cut your losses. A good atty would advise so but, so I'm told, others would encourage you to stay (and them BIG APPEAL-sized fees). Pay no attention! This IS about the amt of judgment you hope to gain - and that's ALL it's about.

Answer 2

1. An appeal does not stay the judgment unless a bond is posted and a stay order entered.
2. The appellant -- that's him -- has a number of time limits in which he must take certain actions, including the filing of a transcript of the trial, a brief arguing his case and in some cases formal designations of what the lower court did wrong.
3. If he doesn't do all of these things on time the appeal is subject to dismissal.
4. If he does, then you have corresponding time critical obligations.
5. Appeals are very technical. You should have an attorney advise and/or represent you to take advantage of, and to avoid falling afoul of, the many technical requirements.

Answer 3

No, an appeals court will usually only review the case if there was some type of error in procedure. Appeals courts do not have another trial. Most cases do not even make it to appeal and many get thrown out. They are just trying to scare you.

Answer 4

You must have a judgment in your favor if the other guy appealed.

You can still execute on that judgment unless the other guy filed an appeal bond.

Once he appeals, he has a certain amount of time to present his case, normally in a brief. He has to send you a copy.

You have a certain amount of time to respond, normally by brief.

This is normally handled by attorneys.

The procedure is somewhat different if your judgment was in small claims court.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 5

The appeal will be taken into consideration if there is a valid ground but not necessary deciding in his favor because the courts will try the case according to its merits.

Answer 6

If he (or she) won the appeal, then you will have to go back to court.

They won't get away with not paying you, if you follow-through and the judge decides in your favor, again.

Good luck, and God bless.

Answer 7

I have peeled an apple, i even once peeled an orange, but i have peeled a court case,or a grape. Keep your eyes peeled for juicier answer. Bet you won by the skin of your teeth!

Answer 8

No, they will set another court date. It will go back to court and you will have to go through all of it again sorry to say.

Good Luck!!

Answer 9

for now yes until another court finds in your favor

Answer 10

youre not being very clear, but usually most appeals are denied.