I AM THE PLAINTIFF IN A THIRD PARTY CLAIM AND WE LOST BUT FOUND OUT LATER THAT THE THIRD PARTY AND THE JUDGMENT DEBTOR ARE BOYFRIEND AND GIRLFRIENDDO WE HAVE THE RIGHT OF APPEAL
Country relating to Question: United States
State (if USA): California
Can you explain the circumstances exactly? What happened?
we have a small claims judgment we levied on a bank account in the name of the judgment debtorhis "employer who stated he did handy work for him" was also onthe account and filed a third party claimit was set for a hearingshe testified that he was only on the account to purchase at home depotetc we lost the third party claimwe found them kissing etc on facebook todaywe want to appealthe hearing was last thursday
I see. Your best bet would be to file a motion to vacate the judgment in reference to the third party claim based on this new evidence. You will have thirty days to file the motion from the time you received a copy of the judgment/decision. The motion is filed with the same court and the same judge will see it. Having said that, you cannot appeal, particularly because you cannot present new evidence on an appeal that was not initially brought in the lower court proceeding. You can appeal if your motion to vacate is denied.
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