Q: The defendant filed motion to vacate and was granted, and a new trial was reheard and decided, can defendant appeal?
Does plaintiff need to wait another 30 days in the above case before collecting the judgment?
This is a small claim case.
Thanks
A:
If the defendant filed a motion to vacate the original judgment, and a new trial was granted and held, it is possible for the defendant to appeal the new judgment if they disagree with the outcome.
However, it is important to note that the grounds for appeal in a small claims case are limited. In California, for example, a small claims judgment can only be appealed on the grounds that there was a legal error or misconduct during the trial that significantly impacted the outcome. If the defendant believes that there was such an error or misconduct, they may choose to file an appeal within 30 days of the new judgment being entered.
As for the question of when the plaintiff can collect the judgment, it depends on the rules in your specific jurisdiction. In general, there may be a waiting period after the judgment is entered before the plaintiff can begin collecting. In California, for example, there is a 30-day period during which the defendant can file an appeal. If no appeal is filed, the plaintiff may then begin the process of collecting the judgment.
It's important to consult with an attorney or legal professional in your area to fully understand the rules and procedures for appealing a small claims judgment and collecting on a judgment.
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