Wednesday, March 18, 2015

I won a small claims judgement, and the defendant's attorney filed an appeal shortly there after. I have recieved no recent notice from the ...

Question

I won a small claims judgement, and the defendant's attorney filed an appeal shortly there after. I have recieved no recent notice from the court, and it has been about 5 months since the appeal was filed. Out of the blue, the defendants attorney contacted me today to arrange for me to pick up payment of the total judgement. He of course asked that i sign a satisfaction of judgement. How does this effect the appeal that is still out there? Should i be concerned about possibly having to repay them the money they are giving me?



Answer

The likelihood is that the appeal was dismissed. It is the obligation of the appellant to dismiss the appeal if it is pending. You can check with the Court Clerk to find out the status. If you sign a satisfaction and the judgment plus interest is paid than you wont have to pay it back. IF you are concerned, have an attorney review the documents.



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