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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I did not receive the judgement from Small claims court and

Customer Question

I did not receive the judgement from Small claims court and was notified by the sheriff yesterday that I did not win. Since I did not receive the judgement that was made about five months ago, can I still appeal?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: San Diego Ca. They came into my business to do a till tap and that was when I learned that the other party won
JA: Has anything been filed or reported?
Customer: The sheriff told me that I have 21 days to respond, but they did not say respond to what. The point is that I did not receive the judgment by mail or any other form....
JA: Anything else you want the lawyer to know before I connect you?
Customer: They took 730.00 in cash.... and sadly, the woman who won is a criminal and I want to appeal it.....
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 months ago.

Thank you for your patience.

So basically, the defendant needs to receive this form

From the receipt of that form, they have 30 days to object to the judgment. There should also be on file in the court a proof of service regarding when this paper was allegedly provided to the defendant. If service was defective (some process servers will lie about service, and this can be proven by showing for example, that a person was at work when the log shows it was served at home, or by reviewing the server's logs to see if it was "padded" - ie the server was in 2 places at once).

The proper form to file to object to a judgment that the defendant did not receive notice of is a motion to vacate the judgment and to quash the service.

Here is that form:

Please keep in mind that if the court rules in the other party's favor, the court can award them any fees incurred - ie additional service fees; so it is important to have adequate evidence that service was not proper/complete.

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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Customer: replied 11 months ago.
Let me try again to clarify this. I called the court yesterday after posting a question to your site and I learned that the court claimed they mailed the notifications on January 20, 2016 and after that I had 30 days to file an appeal. Since I did not file in that time period, then I have no further rights. The point I made in asking your site a question was because I did not receive what they claimed was sent in the mail. At the end of the trial, the Judge stated that it could take 2-3 months to receive the judgement because the court was so backed up since funds had been cut back by the state. So here it is almost 10 months later after when they claimed to have sent the notification, that again I did not receive. They told me that "a reasonable person" would have checked with in that 2-3 month period, but in reality in my opinion, that since the judge specifically said that it could take 2-3 months to receive the judgment, then based on what the court stated in that it was mailed in January, the 30 days would have passed. So the judge caused this "reasonable person" to have had no chance because of relying on what the judge stated. The woman who was given the judgment defrauded my business of a gold Rolex crown, the cleaning service and more, and did it by credit card fraud, but this woman is a pro, so I lost the crown, the labor costs paid to the watchmaker and then the additional $730.00 paid to the court that will go to her...... So from what the court told me yesterday and again, that I had 30 days to respond, and since that time passed, I am out of luck and cannot appeal, and of course my claim of what the judge stated is here say, as I doubt that there is a transcript to the trial. If there is, then my opinion is that I would have justification to make some kind of a claim against the woman or against the court..... So now you have the rest of the information, so in conclusion, I have now lost not counting court costs and time lost, a total of $1,130.19 The sheriff stated that i could file a claim to keep the $$$ from being given to the woman, but that would mean that I would have to show financial stress of some sort... So do I have recourse since the judge made the statement of 2-3 months? Or is it as I believe at this point that too much time has passed and the court would laugh me out.....still, based on the judges statement, I still would have had absolutely no chance to appeal since the 30 days passed during the 2-3 month period the judge advised......
Expert:  legalgems replied 11 months ago.

Thank you for that clarification;

I could not find any case law to the contrary and in fact the following would agree with the judge's position:

The judgment does continue to accrue interest and the judgment creditor can seek costs associated with collecting the judgment so I am very sorry I could not find any case law that would refute the judge's position and justify an appeal.

Expert:  legalgems replied 11 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.