What is the cost of filing an appeal in small claims court?
In Virginia, the cost of filing an appeal in Small Claims Court varies depending on the type of case. Generally, the cost of filing an appeal is $80, plus the $10 fee for filing the petition. However, if the case involves a dispute over a debt that is subject to the federal Fair Debt Collection Practices Act, then the filing fee is waived. The appellant must also pay a court-appointed attorney’s fee, if one is necessary. Depending on the case, the fee for an attorney may range from a few hundred dollars to several thousand dollars. The court also charges a filing fee for each witness that is called to testify, and charges for copies of documents that are presented as evidence. In most cases, if the appellant loses their appeal, they may also be responsible for court costs, such as expert witness fees, and the cost of travel expenses for witnesses not living in the same county. Furthermore, the court may award reasonable attorney fees to the respondent, if the appeal was frivolous and without merit. Overall, the cost of filing an appeal in Small Claims Court can vary greatly depending on the complexity of the case and the amount of evidence to be presented. It is important to contact an attorney to determine all the potential costs involved and to determine whether it is cost effective to pursue an appeal.
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