How does small claims court handle appeals?
In Virginia, appeals of Small Claims Court decisions can only be made if the appeals are based on errors of law or legal procedure. The appeals are heard by the circuit court of the city or county. The appellant or the respondent (the party who has lost the case) may appeal the decision. The first step in any appeal is to file an appeal bond in the circuit court within 30 days of the Small Claims Court decision. The appeal bond is a financial guarantee to the other party that if the appeal is not successful, the appellant can pay the amount of the original judgment. Once the appeal bond is filed, the appellant must file a notice of appeal and submit it to the circuit court within 30 days of the Small Claims Court decision. The notice states the grounds of the appeal and the appellant’s request for a hearing. The other party is then notified of the appeal and has the opportunity to file a response. The circuit court will then hear the appeal and render a decision. The court can affirm the original decision, reverse the decision, and remand the case back to the Small Claims Court for a new hearing, or order a new hearing in the circuit court. The decision of the circuit court is final.
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