Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.
Okay, good. However, I did not know that you were in small claims court. That changes things a bit, but it should work in your favor. This would explain why the clerk did not know what you were doing.
First, make sure you get a hearing date on the motion for new trial that you filed. The hearing date should be BEFORE the date for your appeal time to expire if at all possible. The motion for new trial according to the rules should preserve your right to appeal but it is unclear whether the district court rules apply to small claims court. So, if you cannot get a hearing on the motion for new trial before the appeal date, then I would use the link below and file the one page appeal form.
In small claims court you have 20 days to appeal to a District Court (NOT THE COURT OF APPEALS) for any legal errors that have been made by the judge. There is a one page form by which you can file appeal. http://www.iowacourts.gov/wfdata/files/Ch_3-_Form_13.pdf
You may want to send a letter to the judge with a copy to the other side so that he knows what is going on and you do not get lost in the system. If the judge does not give you hearing date for the new trial ASAP, then appeal.
The motion to stay would a have stopped the collection of money, but now, you will need to seek an order to refund the money to you at the time the judge grants the motion for new trial if he does. The judge cannot issue an order to keep the other side from spending the money until the judgment that is issued is first over turned either on appeal or by new trial.
Sorry this is happening to you.
If you need more clarification or follow up information, please feel free to write back as there is no extra charge. Otherwise, please click on the ACCEPT button. Even if you have put in your payment information, I receive no credit for my time unless you press "ACCEPT". Sometimes the law does not give you the outcome that you may have anticipated. Please understand that this is not the attorney's fault. We are assuming that you are paying for an honest and professional opinion.
Please know that there may be a delay between your follow up question and my answers because I may be helping other customers. Rest assured, I will get back to you. In the meantime, you can learn more about me by clicking on my name at the bottom left hand corner of the screen.This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.attorneysaccess.com/ or http://www.martindale.com/.
If you feel that I went an extra step to help, a bonus would be greatly appreciated! Also, please know that you can always request me for a future question by starting your new question with "This question is for Maverick".
If the judge agrees to grant a new trial date, then he should also agree to sign an order extending the time to file the appeal to 20 days after any decision is made on the motion for new trial. I would ask him to put that in writing, if possible so that your right to appeal is preserved. If you can go back to the local law library and read about whether the district court rules apply in small claims court, that would help.
Rule 1.101 Applicability; statutes affected. The rules in this chapter shall govern the practice and procedure in all courts of the state, except where they expressly provide otherwise or statutes not affected hereby provide different procedure in particular courts or cases.
It is unclear from this whether the small claims court has one or more separate rules that may apply to supersede the motion for new trial rule that we have been discussing.
I do not see a separate set of rules on line for small claims court but you may want to ask the clerk where you an find those if those exist.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).