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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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Ely
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