Appeal Small Claims?

[karly]

OREGON: Can a judge's small claim decision be appealed?

 

[I AM ALWAYS LIABLE]

OREGON: Can a judge's small claim decision be appealed?

55.110 Conclusiveness of judgment; appeal; costs and fees on appeal.

The judgment of the court shall be conclusive upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant. The defendant may appeal if dissatisfied in respect to the claim filed by the plaintiff. The plaintiff may appeal if dissatisfied in respect to a counterclaim asserted by the defendant. A party entitled to appeal may, within 10 days after the entry of the judgment against the party, appeal to the circuit court for the county in which the justice court is located. If final judgment is rendered against the party appealing in the appellate court, that party shall pay, in addition to the judgment, an attorney's fee to the other party in the sum of $10. Appeals from the small claims department shall only be allowed in cases in which appeals would be allowed if the action were instituted and the judgment rendered in the justice courts, as is provided by law. [Amended by 1977 c.875 s.17; 1985 c.342 s.10; 1995 c.658 s.66]

 

[karly]

(2)Appeal Small Claim Decision

I do not understand the final paragraph. Case will be heard in Small Claims, Circuit Court (not "Justice" court) Can judgement from Circuit Court be appealed to Appelate Court?

OREGON: Can a judge's small claim decision be appealed?

55.110 Conclusiveness of judgment; appeal; costs and fees on appeal.

The judgment of the court shall be conclusive upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant. The defendant may appeal if dissatisfied in respect to the claim filed by the plaintiff. The plaintiff may appeal if dissatisfied in respect to a counterclaim asserted by the defendant. A party entitled to appeal may, within 10 days after the entry of the judgment against the party, appeal to the circuit court for the county in which the justice court is located. If final judgment is rendered against the party appealing in the appellate court, that party shall pay, in addition to the judgment, an attorney's fee to the other party in the sum of $10. Appeals from the small claims department shall only be allowed in cases in which appeals would be allowed if the action were instituted and the judgment rendered in the justice courts, as is provided by law. [Amended by 1977 c.875 s.17; 1985 c.342 s.10; 1995 c.658 s.66]

 

[JETX]

Basically, either party that is dissatisfied can appeal a Small Claims court judgment within 10 days to the circuit court in the same county where the Small Claims court is.

If you lose your appeal, you must pay $10 attorney fee to the other party, plus the amount of judgment.

Bottom line... if within 10 days, appeal. If more than 10 days from judgment, it is final.

 

[I AM ALWAYS LIABLE]

Basically, either party that is dissatisfied can appeal a Small Claims court judgment within 10 days to the circuit court in the same county where the Small Claims court is.

If you lose your appeal, you must pay $10 attorney fee to the other party, plus the amount of judgment.

Bottom line... if within 10 days, appeal. If more than 10 days from judgment, it is final.

Hello Steve:

I must respectfully disagree. That's not what the code says. The code says :

"The judgment of the court shall be ** conclusive ** upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant." (Emphasis added)

If the plaintiff is named in a "countersuit" (Cross-Complaint) by the Defendant, then the Plaintiff may appeal an adverse decision based on that Cross-Complaint.

The same law applies in California, which is basically, the Plaintiff cannot appeal, but the Defendant can appeal.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-04-2001 at 01:45 AM]

 

[JETX]

IAAL: After re-reading the statute, I stand corrected.

Only the party defending the action has the right of appeal in Oregon. (Either party can appeal in Texas.)

Please accept this, my humble apology.

 

[I AM ALWAYS LIABLE]

My response:

Steve . . . now, cut that out !!

Apology for what ?

So what, you misread the statute. Big deal !! So what.

You don't need to apologize to me, or anyone.

Your buddy,

IAAL

 

[JETX]

Au Contraire... I accept applause graciously, and apologize humbly when shown in error.

Damn, this 'crow pie' tastes mighty good!!! [grin]

[Edited by Halket on 02-04-2001 at 12:30 PM]