Q: Can you tell me if I should file a response to an appeal before the court date? And if so is there a form available
I went through eviction process one the case in JP court. The tenant filed an appeal in civil ct but did not file an appeal bond. She owes me approx 19k to date. The judge accepted the appeal set a court date for 2 months away. In the tenants appeal she lied throughout it nothing she said was true. I have all evidence I need to prove she’s falsifying everything. Should I file something to show the judge to hurry this up?
A: An appeal from JP court has different requirements/deadlines than other courts. Also, if an appeal bond is needed and no appeal bond was posted, then that can be grounds to dismiss the appeal. Your post asks about a "response" to an appeal which I am not sure if you meant an answer to the appeal wherein you seek additional relief the JP court did not (or perhaps could not) provide or if you meant a separate pleading to request that your court date 2 months away be moved up. If it is the latter, absent exigent circumstances, the 2 month court setting is probably a reasonable quick court date. ANYWAY, all of this said, if you have not already, then you probably should at this time, at a minimum, contact and consult and perhaps even hire an attorney to represent you in this matter. You want to do so for the reasons stated above: (1) make sure the special deadlines have been met by the tenant; (2) perhaps file a motion to dismiss for failure to post the appeal bond; (3) filing of anything additional in the "appeal" court at this time; and (4) whatever else is necessary.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
