What happens if I disagree with the decision in a small claims court case?
If you disagree with the decision made in a small claims court case in Virginia, you can appeal the decision. This process is called an appeal. An appeal is a request to a higher court to review the judgment of a lower court. First, you must file a Notice of Appeal with the clerk of the circuit court within 30 days of the date of the small claims court judgment. This document should clearly state why you are appealing the decision. Once a Notice of Appeal is filed, a hearing will be scheduled before a Circuit Court judge. During this hearing, you will have the opportunity to present new evidence or arguments that you were not able to present in your original small claims court case. Once both parties have presented their evidence, the judge will make a new decision. If you still disagree with the decision, you can appeal this decision to the Court of Appeals of Virginia. The court will review the case to determine if the previous court made an error in their ruling. However, this is not guaranteed and appeals at this level are not always successful. If you disagree with the small claims court decision, it is important to know your rights and the options available to you. Consulting with an attorney can also help ensure that you understand the appeals process and the law related to your case.
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