Small Claims Judgementss

[Ikahnel]

My landlady just won a $234.05 judgement against me (she tried for $1700.) Can she appeal her own judgement for more money?

Please Respond.

[mjr203]

If the small claims award was awarded by a judge then yes it is appealable but if it was awarded by an "arbitrator" then it is not appealable.

The appeals process is such that very few people appeal if they had a judge decision.

-POINTER

[citygirlintn]

I believe that if the award was made by a judge, and your LL was the PLAINTIFF, she technically won, and can *not* appeal the decision.

[mjr203]

Originally posted by citygirlintn:
I believe that if the award was made by a judge, and your LL was the PLAINTIFF, she technically won, and can *not* appeal the decision.

interesting point. Technically she did win but I think she could still appeal because what if the judge awarded $1 vs the amount claimed. There would be no recourse if by default you could not appeal.

http://www.courts.state.ny.us/ithaca/city/webpageCivilAppealInst.html

This is a faq about appealing.

[too trusting]

I worked for a lawyer who told me its very hard to appeal. There are actually lawyers who specialize in appeals. There is so much you have to do and prove to get an appeal and since she was awarded money I don't believe she can appeal.

[Ikahnel]

Thank you for your reply!

Originally posted by citygirlintn:
I believe that if the award was made by a judge, and your LL was the PLAINTIFF, she technically won, and can *not* appeal the decision.