What is the process for appealing a small claims court decision?

The process for appealing a small claims court decision in New York is fairly straightforward. In New York, an appeal from a small claims court decision must be made within 30 days of when the court’s decision was rendered, otherwise the decision is final. Generally, in order to appeal a small claims court decision in New York, you must file a Notice of Appeal with the small claims court in which the case was heard. This Notice of Appeal must include the case number assigned to the case by the court, your name, the name of the defendant, the date of the court’s decision, and a statement of the outcome of the case. In addition, you will need to include an Affidavit of Service form, which will provide proof that the defendant was properly served with the Notice of Appeal. After you have filed the Notice of Appeal, the defendant has 30 days to respond to the appeal. If no response is made, you will win the appeal by default. However, if the defendant does respond, then a hearing will be scheduled where both sides can present evidence in order to argue their case. Once a decision is made, either side can appeal the decision. In New York, appeals of small claims court decisions can be taken to the appellate division of the Supreme Court. Again, you must file a Notice of Appeal with the court, and you must do so within 30 days of the court’s decision. After that, the appellate division will review the court record and decide whether or not to uphold the original decision.

Related FAQs

Can I request attorney fees in a small claims court case?
What happens if I disagree with the decision in a small claims court case?
How do I obtain a default judgment in a small claims court case?
How do I know if I should appear in person in a small claims court case?
How do I collect a judgment from an individual who does not have assets?
How do I know if I have the right to sue in small claims court?
What is the process for obtaining a garnishment order in a small claims court case?
What is the court's decision-making process for small claims cases?
Can I have a jury trial in a small claims court case?
Are there any special rules for parties under the age of 18 in small claims court?

What is the process for appealing a small claims court decision?

Related FAQs

Related Blog Posts