Plaintiffs and Defendants...The Judgment
Receiving the Judge's Decision
After hearing from the parties who appear at the hearing, the judge will make a decision. The judge will base the decision on the evidence, the law, and common sense. The judge may rule for either the plaintiff or the defendant or may award something to both parties.
Sometimes the judge may decide the case immediately, announce his or her decision in court, and give the parties the judgment form - called the Notice of Entry of Judgment - in the courtroom. Other times, the judge may not decide the case until later. This is called taking the case "under submission." If the judge takes the case under submission, you'll receive your Notice of Entry of Judgment in the mail.
The judge may take the case under submission to review the evidence, research a point of law, or consult with an expert. Also, if you forgot to bring an important document or other evidence to court - for example, a written contract - the judge may allow you to bring it in promptly after the hearing so that it can be reviewed before a decision is made.
If you don't receive the Notice of Entry of Judgment within two or three weeks, you can call the small claims court and ask the court clerk to check on the delay. Be ready to give your case number when you call. If you change your address, be sure to give the court clerk your new address. Do this by letter and include the name and number of your case, as well as your old and new addresses.
A small claims judgment is a public record that is often listed in the losing party's (judgment debtor's) credit report, even after the judgment is paid. To avoid that, some judges hear the case and issue a decision that becomes effective only if the losing party fails to do what the judge decides. This keeps the dispute out of the official records if the losing party performs. The judge has actually decided the case but schedules a follow-up hearing at a later date to see if the losing party has done the things or paid the money that the judge has ordered. If the losing party performs the conditions set forth in the judgment, the judge will then dismiss the case.
If the judge doesn't rule in your favor, that doesn't necessarily mean that the judge didn't believe what you said. Instead, the judge's decision may be based upon a law that must be applied to the facts of your case. You may write to the court for an explanation of the ruling, although the court isn't legally obligated to explain it. Also, you may write to the judge who heard the case, the presiding judge of the court, or the court administrator to register your feelings, good or bad, about your small claims experience. Most courts will look into complaints but will rarely reconsider a judge's ruling.
Judgment Against a Nonappearing
Party
Sometimes one of the parties doesn't come to the small claims hearing. If the defendant doesn't appear, the key question is whether he or she received proper notice of the hearing. If the Proof of Service form shows that service of process was properly made, the judge will hear and decide the case, even if the defendant is absent.
However, a judgment isn't automatically awarded against a nonappearing defendant in small claims court. The plaintiff must still "prove" the case. If enough evidence is provided, the judge may award the plaintiff some or all of the amount that is claimed. If the defendant is an active duty member of the armed forces, however, special rules apply before a judgment against the nonappearing defendant can be awarded.
If the plaintiff doesn't appear at the hearing and doesn't notify the court of the reason, the court has several options. The judge may reschedule the case, dismiss it with prejudice or without prejudice, or - if the defendant appears - enter a default judgment against the plaintiff.
Setting Aside the Judgment
If a judgment is entered against a nonappearing party, the nonappearing party can ask the court to set aside, or vacate, the judgment in certain circumstances. If the plaintiff was unable to appear at the hearing and a judgment was entered against him or her, the plaintiff has 30 days after the date of the mailing of the Notice of Entry of Judgment to ask the small claims court to set aside the judgment and hold another hearing. To make this request, the plaintiff must file a Notice of Motion to Vacate Judgment and Declaration form and explain why he or she didn't appear at the hearing. A hearing to consider the request will then be held. The request to vacate the judgment may be granted, but only if the judge finds good cause for the plaintiff's not having attended the hearing. If the request is granted, most courts will hold the hearing on the plaintiff's claim immediately, so both parties must attend that hearing and be prepared to present their cases.
If the defendant didn't appear at the small claims court hearing, other rules apply. A defendant who failed to appear must first ask the small claims court to vacate or set aside the judgment. If the defendant was properly served, he or she must file a Notice of Motion to Vacate the Judgment and Declaration with the small claims court within 30 days after the date the court mailed the Notice of Entry of Judgment. If the defendant wasn't properly served, he or she has up to 180 days after learning that the judgment was entered to file the Notice of Motion to Vacate Judgment and Declaration.
If the defendant's motion to vacate the judgment is granted, the case will be reheard by the small claims court. If the motion is denied, the defendant has 10 days from the date of denial or of the mailing of the notice of denial to request a review of the denial by the superior court. This request is accomplished by filing a Notice of Appeal of the denial with the small claims court.
Having the Judgment Reviewed
Only the defendant may appeal a small claims court judgment. The party who files a claim in small claims court (the plaintiff) can't appeal the judge's decision on that claim. For that party, the court's judgment is final. Similarly, if the defendant files a claim against the plaintiff, the defendant may not appeal the court's ruling on the defendant's claim.
There are two ways to have a judgment reviewed. The first is by having a new hearing in the superior court. A defendant (or a plaintiff who loses on a cross claim) who appeared at the small claims hearing may have the judgment reviewed in superior court. Also, an insurer of a defendant may appeal the judgment if the judgment exceeds $2,500 and its policy covers the matter to which the judgment applies. The appeal is started by filing a Notice of Appeal form with the small claims court within 30 days after the judgment is delivered or handed to the disputants in court or, if the decision is mailed, within 30 days after the date the clerk mails the Notice of Entry of Judgment, whichever is earlier. The date will appear on the form you receive. The filing fee varies from county to county, but it usually ranges from $50-$90. Once the defendant files an appeal, the small claims judgment can't be enforced, and the defendant need not pay on the claim unless the appeal is dismissed or the defendant loses the claim on appeal.
The second method to have a judgment reviewed is by filing a Request to Correct or Vacate Judgment form. Although the defendant is the only party with a right to file an appeal, a plaintiff who loses may request a court to correct "a clerical error in the judgment" or set aside and vacate a judgment "on the grounds of an incorrect or erroneous legal basis for the decision." This request gives a plaintiff a limited opportunity to have the small claims court reconsider its decision, although not necessarily the right to a hearing. Please note that if a defendant files a request to correct an error in the judgment, he or she should also file an appeal within 30 days after receiving notice of the small claims judgment.
The New Hearing
The appealing party is
entitled to a whole new hearing at the superior court, where the claims of
both the plaintiff and defendant are heard again. For example, if the
defendant appeals and also files a cross claim against the plaintiff and
loses, both the plaintiff's claim and the defendant's cross claim are
heard again at the superior court hearing. Similarly, if a plaintiff loses
on both the plaintiff's claim and the defendant's cross claim, the
plaintiff may appeal the loss on the cross claim and have both the
plaintiff's claim and the defendant's cross claim heard anew in superior
court.
The Legislature requires that
the judge conduct the new hearing in superior court in the same informal
fashion as the small claims judge conducted the original hearing. However,
an attorney may represent a party at the appeal, and the court will allow
the attorney to cross-examine witnesses. Each party should be fully
prepared to present its side of the case and bring any supporting
witnesses and documents.
After the appeal hearing, a new Notice of Entry of Judgment is delivered or mailed to the parties. If the new judgment is for the plaintiff, the defendant may be required to pay some of the plaintiff's actual expenses. For good cause, and where necessary to achieve substantial justice between the parties, the superior court may award a plaintiff who prevails in the hearings in both the small claims court and the superior court reimbursement of:
- attorney's fees actually and reasonably incurred in connection with the appeal, not exceeding $150.
- actual loss of earnings and expenses of transportation and lodging, to the extent actually and reasonably incurred in connection with the appeal, but not exceeding $150.
The court will make an award of expenses against a defendant who loses his or her appeal only if the court determines that (1) the circumstances justify the award and (2) the award is necessary to achieve substantial justice between the parties.
If you're the appealing party and the superior court finds that your appeal wasn't based on substantial merit or good faith but was intended solely to harass or delay the other party or encourage the other party to abandon his or her claim, the court can award the other party judgment against you for up to $1,000 for attorney's fees and up to $1,000 for transportation and lodging. Therefore, if you filed a claim in small claims court and lost, you should not appeal unless, after carefully evaluating your claim, you have a good faith belief in its actual merits and are not appealing just to delay payment or hurt the other party.
