QUESTION
If I'm the defendant in a small claims case over a debt and the Plaintiff enters a judgment in my favor, can the Plaintiff appeal the judgment?
Asked on Feb 28th, 2013 on Bankruptcy - Michigan
More details to this question:
If I'm the defendant in a small claims case over a debt and the Plaintiff enters a judgment in my favor, can the Plaintiff appeal the judgment to the Circuit court? Or rather, is there any argument against that if I were say the defendant and this happened to me?
5 ANSWERS
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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Yes.
Answered on Mar 04th, 2013 at 8:31 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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In Illinois, the plaintiff can appeal, but the appeal lies to the Appellate Court, not the Circuit Court. The small claims court is part of the Circuit Court.
Answered on Mar 01st, 2013 at 11:39 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes any party can appeal an adverse judgment and that party has an absolute right to appeal to the next higher court. however after the first appeal the appeal is discretionary appeal... which means that the higher courts must accept the appeal. However from small claims court the first appeal (of right) is to the District Court.. not the Circuit Court and The second appeal is a discretionary appeal to the Circuit Court.
Answered on Mar 01st, 2013 at 11:36 PM
There is no appeal from small claims court in Michigan.
Answered on Mar 01st, 2013 at 11:30 PM