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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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How do I appeal a civil Judgement? I am the Plantiff. I was

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How do I appeal a civil Judgement? I am the Plantiff. I was awarded a judgement. I do not agree with the dollar amount that the judge awarded me and I want to appeal. I sued for $5790 and she only awarded $1700. I am really pissed about it because I was trying to present more evidence and she refussed to look at it. then I get this pathetic judgement. I want to appeal as the Plantiff. Tarrant County Texas
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Rule 25 states that a party who wants to alter a judgment may file a Notice of Appeal. A party who sues for one amount and receives less is able to appeal the amount of the judgment. The notice of appeal must do the following:

(1) identify the trial court and state the case's trial court number and style;

(2) state the date of the judgment or order appealed from;

(3) state that the party desires to appeal;

(4) state the court to which the appeal is taken unless the appeal is to either the First or Fourteenth Court of Appeals, in which case the notice must state that the appeal is to either of those courts;

(5) state the name of each party filing the notice;

The Notice of Appeal is filed with the court that entered the order, and a copy goes to the opposing party. Here is a sample, with instructions.

http://pdf.legalformsfortexas.com/PDFs/Civil/CIVLIT_3610.pdf


This pamphlet has more general information on the process that may help.
http://www.tex-app.org/probonodocs/14th_Pamphlet.pdf

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.


OK, i cant make any sense of that. I was awarded a judgement in small claims court. JP Court, pct 4 tarrant county texas. I need some information that applies to tarrant county.

Expert:  Lucy, Esq. replied 1 year ago.
Is it the form itself that you don't understand, or what information you would need to include in a Notice that you write yourself?
Customer: replied 1 year ago.

I dont have a problem typing up a motion. From what I understand by calling the court I have to pay twice the amount of the judgement in order to get an appeal. I would like to know why I have to pay twice the amount of the judgement when I am the one that is owed the judgement. Also when I file the appeal do I list the court that ordered the judgement or the court that will hear the appeal?

Expert:  Lucy, Esq. replied 1 year ago.
Because it's filed in the court that heard the original case, that is the court listed on the top of the form. The Appeals Court will be listed on fillings made directly with the Appeals Court.

The purpose of the appeal bond is to ensure that the party that recovered the judgment will still get paid if the appeal is unsuccessful. If the defendant did not file any claims against you, you shouldn't have to produce a bond. If he appeals the judgment, then he would have to pay $1,700 to ensure that you get paid if he loses.

Also keep in mind that, in a small claims court appeal, you get an entirely new trial. The Appeals Court can increase the amount of the judgment, leave it the same, or find that the defendant doesn't have to pay anything.
Customer: replied 1 year ago.

Attachment: C:\Users\Billy\Desktop\Jacquelyn%20Wright.docx


Will this be sufficent for filing an appeal

Expert:  Lucy, Esq. replied 1 year ago.

Unfortunately, we are not able to review documents and provide specific advice, so, I'm not able to look at it for you. I apologize for the inconvenience.

Customer: replied 1 year ago.


I based it off of the document you sent me. You cannot even tell me if I have the format correct?

Expert:  Lucy, Esq. replied 1 year ago.
If it's based on the sample, it should be fine. What's really important is that all of the information required by the statute is present. That matters more than how it is laid out.

For some reason, nothing happens when I click on it, so I don't have the ability to review it even if we were allowed to do so.
Customer: replied 1 year ago.

Ok its not a form any longer. So I would really appreciate it if you can tell me if the following format will work to file an appeal

**********************************************************************************

XXXXXX

Justice of the Peace

Precinct four

Tarrant County Texas

CAUSE NO. XXXXXXX

XXXXXIN THE COUNTY COURT

(Plaintiff) TARRANT COUNTY

TEXAS

VS.

 

XXXXXX

(Defendant)

 

 

NOTICE OF APPEAL

XXXXX (plaintiff) files this notice of appeal from Justice of the Peace, Precinct Four, XXXXXX’s court, Small claims cause number XXXXXX

 

The Judgment was signed on May 24th 2013

 

The name of the party bringing the appeal is XXXXXX

 

The party desires to appeal to the County Court of Law in Tarrant County Texas and hereby gives notice of appeal

 

XXXXXX hereby invokes the jurisdiction of the court of appeals and desires to appeal the trial court’s judgment of principal as insufficient.

 

 

 

 

Respectfully Submitted

 

By_______________________________________

 

Expert:  Lucy, Esq. replied 1 year ago.
A Notice of Appeal should have a certificate of service attached, stating that the other party received a copy on a certain date, how it was delivered and, if mailed, the address to which is was sent.

This document has a sample.
http://sites.lawhelp.org/documents/clusters/tx/194/English/Certificate_of_Service.pdf
Customer: replied 1 year ago.


That needs to be filed along with the appeal? Or is that to be done after the appeal with a certified file stamped copy of the appeal?

Expert:  Lucy, Esq. replied 1 year ago.
It's attached to the Notice. If there's room, many lawyers will do it as a short paragraph on the bottom of the document.
Customer: replied 1 year ago.


So I need to do it before I file with the court?


 

Expert:  Lucy, Esq. replied 1 year ago.
Yes, the certificate of service is filled out and attached when a person files the notice with the court and serves the copy on the other party.
Customer: replied 1 year ago.

Ok, I filed the Appeal today. They also made me pay $544 as a bond for the appeal. I just got a call from the court clerk and she said I need to file an appeal bond. She said it is a totally separate piece of paper from the Appeal. I cannot find anything that relates to and appeal bond.

Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry, but I don't have a specific form for appeal bonds in Tarrant County. If the court doesn't have one, which seems odd, you may be able to locate an example by visiting a local law library. I might call back and ask the clerk of the court if they have an appeal bond form before doing that.
Customer: replied 1 year ago.


Ok, I found one or two actually, But the both state that By signing I agree to pay the sum of ????? to the Appellee. It seems to me that by filing this paper I agree to pay his debt to me.

Expert:  Lucy, Esq. replied 1 year ago.
That's why I said that paying an appeal bond doesn't make any sense in this case. It's very odd that they're requiring you to fill it out, since you won. I wonder if the clerk of the court didn't understand that you were the prevailing party in your case. But if that's what they're insisting you do, then you don't really have a way around it.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20432
Experience: Lawyer
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