What is the process for appealing a small claims court decision to a higher court?
The process for appealing a small claims court decision to a higher court in North Carolina is not particularly complicated. The first step is to file a Notice of Appeal at your local Clerk of Court office within 30 days of the date of the original decision. Along with the Notice of Appeal, you must also pay a filing fee. Once the Notice of Appeal is filed, the clerk will provide you with a copy of the original judgment and the appeal will be submitted to the district court for a hearing. The defendant must then file a written answer within twenty days. Once the answer is received, a hearing is scheduled and both parties present their cases. Both parties may also submit evidence and witnesses, and the judge will review all the evidence before making a decision. After the hearing is complete, the judge will issue a written opinion. If either party is not satisfied with the outcome, they may then file an appeal to the North Carolina Court of Appeals. The same steps listed above will then need to be completed in order to have your appeal heard.
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