You cannot collect during appeal

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回答: 請教puma_bill2021-02-07 06:26:43

https://www.nycourts.gov/COURTS/nyc/smallclaims/appeals.shtml

1. How do you know he filed appeal

go to the court house's clerk's window and ask for the case file, or check the case file on the court's website.  

2. Can you collect during appeal

No, you can only collect when all appeals are exhausted. However, during appeal the other party might be required to post a bond, which is held by the court in case he lost the appeal and you can get that money.  This is generally how appeals are done in any US court, but I am not clear what exactly NY court system is doing on appeal bond issue, such as what percentage of the judgement is used to calculate bond amount. 

3. How do you know the appeal result.

First, during appeal it is strongly advised you also file answers to his appeal to state your position. 

Second, there are various ways for you to get notified of appeal result,  You might get mail, you might check it on the website, ask the clerk.  

Thirdly, appeal decision could be affirm the judgment, reverse the judgment, or remand (try again due to certain errors).  So depend on what kind of decision you get, it's a long road ahead. 

所有跟帖: 

thank you very much -puma_bill- 給 puma_bill 發送悄悄話 puma_bill 的博客首頁 (53 bytes) () 02/07/2021 postreply 13:27:09

little correction on your post -puma_bill- 給 puma_bill 發送悄悄話 puma_bill 的博客首頁 (3695 bytes) () 02/10/2021 postreply 16:54:50

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