How long does an insurance company have to file a small claims appeal on behalf of their client?

Business 2 views 2 answers
I won a small claims judgement against the defendant for $3,000. Their insurance company, Mercury, says they are handing it over to an attorney to appeal the case. It has now been 25 days since we went to court. How long do they have to file the appeal and how would I be notified if they have done so. Is there a way I could check to see if they have made an appeal? I basically need to know when their threats of an appeal are real or just idle threats. Thank you for any help you could provide.

Attorney Answers

2
Kenneth Lewis SwensonLitigation LawyerYuba City, CA ·
In California, a defendant who appeared and defended may "appeal" a small claims judgment by asking for a new trial in the Superior Court. The defendant has 30 days from the date the small claims judgment is mailed to file a notice of appeal. (See http://www.courtinfo.ca.gov/selfhelp/smallclaims/appeal.htm.) The clerk mails the notice of appeal, if one is filed. (See http://www.courtinfo.ca.gov/forms/fillable/sc140.pdf.) You would normally expect to receive a copy of the notice of appeal within 40 days of the date the judgment is entered. If you want to make sure one has not been filed, you may check the court's file.
0 upvotes
Alan Brinkmeier ·
Where an appeal is allowed from small claims there is no need for the appellant to specify grounds for the appeal. The appellant is granted a trial de novo. See California Code of Civil Procedure Sections 116.710-116.795 116.710(c) The insurer of the defendant may appeal to the superior court “if the judgment exceeds two thousand five hundred dollars ($2,500) and the insurer stipulates that its policy with the defendant covers the matter to which the judgment applies.”
0 upvotes

People Also Asked