If I was taken to small claims and won but now there is an appeal and the plaintiff has hired a law firm, do I need to get a lawyer as well?
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If I was taken to small claims and won but now there is an appeal and the plaintiff has hired a law firm, do I need to get a lawyer as well?
I was taken to small clams after a fuel company delivered the wrong fuel. I called them and told them to pump it out and they stalled until the fuel was gone and now want me to pay. The magistrate ruled in my favor in small claims, now they are appealing the ruling with a lawyer. I would like to know if I need to get a lawyer now. Also how common is it for a ruling to overturned?
Asked on December 29, 2011 under Business Law, Alaska
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In California, the law is that if a plaintiff brings a lawsuit (as in your case) and loses, the plaintiff cannot appeal. Only the defendant can. This may be the law in your state.
In a small claims court appeal, parties can have an attorney representing him or her in the proceeding. It might be a wise idea for you to at least consult with an attorney experienced in contract law before the appeal.
As to how common a small claims court decision being overturned, I really have no idea. In a small claims court appeal, a whole new judge hears the case and the case is re-tried from scratch.
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