San Jose, CA asked in Small Claims for California

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.


Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

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.

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.