Legal Question in Civil Litigation in Alabama

Appeal from Small Claims to Circuit Court

I sued in Small Claims Court and won a judgement of less than $2,000.00. The defendant is appealing the judgement to Circuit Court and requesting a jury. I know I can win the case and I know the defendant is hoping I will just drop the case. I may have to hire an attorney and spend more money than what it is worth since I may never get paid in the end, anyway. What is my best course of action? I have filed a judgement against the defendant. He refuses to pay me and I have heard if I don't go through with this appeal I will end up loosing. Any help or advise is welcome. I am considering going to trial without a lawyer since it would be too expensive. Thanks for any help.


Asked on 12/01/01, 10:09 am

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Appeal from Small Claims to Circuit Court

If the defendant pays the proper fees and appeals within 14 days, you must go through with the appeal. It is always better to have an attorney. Under Alabama Rules of Civil Procedure, lay individuals who represent themselves are held to the same standards as attorneys. If he/she has an attorney, you should. If not, it is your call; however, you are correct, it will cost you more than the judgment is worth, and even if you win, you may not collect the judgment.

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Answered on 12/03/01, 11:32 am


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