How do I appeal a court decision in a collection defense case?

Appealing a court decision in a collection defense case in West Virginia can be a complex process. The first step is to file a motion for a rehearing within 30 days of the court’s original decision. This motion must include any new evidence you have to support your collection defense case, as well as the reasons why you believe a rehearing is necessary. If the motion is denied, you can appeal the court decision to the Supreme Court of Appeals of West Virginia. To do this, you would have to file a notice of appeal. The notice must be filled out within 30 days of the court’s judgment and should include a copy of the court’s ruling. It’s important to note that the Supreme Court of Appeals of West Virginia can only review the lower court’s decision based on the evidence and law that was already presented. They are unable to review any new evidence or legal theories. Once you’ve filed your notice of appeal, the Supreme Court of Appeals of West Virginia will review the lower court’s decision and issue a ruling. If the Supreme Court of Appeals reverses the lower court’s decision, then the original court decision will be overturned. If the Supreme Court of Appeals affirms the lower court’s decision, then the original court decision will remain in effect.

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