What is the process for appealing a small claims court decision to a higher court?
In Virginia, appealing a small claims court decision to a higher court is a two-step process. First, the person filing the appeal must submit a Notice of Appeal to the clerk of the court that made the decision. This notice must contain the name of the parties involved in the case, the case number, and the court’s decision. The next step is for the party appealing the decision to file a petition with the circuit court of the county where the small claims court was located. This petition must contain all the information included in the notice of appeal as well as any legal arguments challenging the decision. After the petition is filed, the circuit court judge must review the evidence and decide whether the small claim court’s decision should be overturned. The appeal process typically takes three to four months after the petition is filed. The decision of the circuit court is final and cannot be appealed any further. If the circuit court upholds the small claims court’s decision, the appealing party must be prepared to follow the instructions outlined in the original decision.
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