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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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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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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).

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