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Is it difficult to contest a small claims decision when you…

Is it difficult to...

Is it difficult to contest a small claims decision when you feel the underlying decision was not fair

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina

Lawyer's Assistant: Has anything been filed or reported?

A decision was rendered last Wednesday on a dispute with a contractor

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. Can a judge simply decide the defendant breached the contract by requesting the contract stop working due to poor workmanship?

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Answered in 2 minutes by:
11/27/2017
Ely
Ely, Counselor at Law
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Actually, no. In NC, a party can appeal the case from small claims court de novo. What this means is that they have a right to appeal to district court for an entirely new trial, from scratch. This is done by:

1) Giving proper notice of appeal, and

2) Paying the appeal fee which is $150.00

However, the notice to file the appeal must be given within 10 days of the small claim court decision or it is waived.

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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).

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