How to appeal a judgment in a debt collection lawsuit?

UPDATED: Jan 11, 2013

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How to appeal a judgment in a debt collection lawsuit?

My husband was sued from a collection agency that bought his old debt from the original creditor. He went to court on Monday. They did not show proper papers to claim the amount they were suing for. The judge said that he would mail his decision. We received it yesterday and he ruled that we did not win. Can we appeal this case as we feel that they should have supporting documents to support the charges that we owed. What should we do?

Asked on January 11, 2013 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your spouse was sued in small claims court then he needs to immediately go down to the county court house and file a notice of appeal. The court clerk will have the necessary forms there to do so. If he was not sued in small claims court, he has sixty (60) days from the notice of the adverse decision to file a notice of appeal with the court clerk.

From what you have written, I suggest that your spouse consult with a consumer law attorney for assistance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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