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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114041
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A small claims case was decided against me and I followed

Customer Question

A small claims case was decided against me and I followed instructions to file an appeal but the court never submitted the documents to the appeals court. The court refuses to discuss the situation ( I spoke directly to the appeals court and they confirmed that my notice of appeal, transcript and other evidence was never received by them) What recourse do I have?
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your next step if the small claims court refuses to discuss the matter is to file a petition for writ of mandamus with the appeals court and attach all of the proof you have copies of regarding your appeal and you filing the notice of appeal and all documents in a timely manner with the small claims court and ask the appeals court to issue an order to the small claims court to comply with the law and submit the necessary documentation as required for appeal. The writ of mandamus is a writ to the court asking them to order some other government agency to do their job and comply with the law and that is the only recourse you have when the lower court will not comply with the law and rules of procedure and do their job.
Customer: replied 9 months ago.
Thank you for your response. Could you supply a petition for me to copy?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Technically we are not a forms library, so we can only provide you links to what we can locate online. However, you never told us the state that this is in and as such we have no clue what state forms to search for you to try to find a template or sample for you to use if they even have one available.