Appeal Case Expectations Guide

Summary

In an appeal case, the appellant must prove a legal error in the original trial. Proper service is crucial; in North Carolina, it should be done by the sheriff, registered or certified mail, or by a party or their attorney. If service was improper, you can request a dismissal. To enforce a judgment, you can request a Writ of Execution, garnish wages, or place a lien on the debtors property. Consult a legal advisor for personalized advice.

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I won my small claims case last month. Defendant filed an appeal and we are due for trial tomorrow. I however have not been served properly. What shall i expect in a appeals case?
Hello ****, here is what you can generally expect in an appeal case:
- The appellant (the defendant in your case) needs to prove the trial court made a legal error affecting the decision.
- You will need to argue why the original decision was correct.
- Proper service is crucial for a fair trial. If you believe you were not properly served, you could bring this up in court.
Please consult with a legal advisor for personalized advice. This is just general information.
Does a regular piece of mail not certified mail justifies as properly served?
The rules on what constitutes proper service can vary. Generally, certified mail is preferred for legal documents. However, regular mail might be acceptable in some jurisdictions. Can you please tell me your location so I can provide more precise information?
Lincoln county nc
Based on North Carolina law, service of notice for an appeal should be done by the sheriff, by registered or certified mail, or by a party or their attorney. If you believe the service was improper, you should bring this up in court.
Can i ask for a dismissal?
Yes, ****. Since you believe you were not properly served, you can raise this issue in court and ask for a dismissal. However, the decision is up to the judge. We recommend consulting with a legal advisor for personalized advice.
How do i enforce the judgement if i win again?
In Lincoln County, NC, if you win your case again, you can enforce the judgment by:
- Requesting the court to issue a Writ of Execution, allowing the sheriff to seize debtor's property.
- Garnishing the debtor's wages.
- Placing a lien on the debtor's property.
Please consult with a legal advisor for more information.