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  1. #1
    Join Date
    Dec 2009
    Posts
    12

    Default What is the Appeals Process in State Court

    I live in Georgia and I was sued in civil court in 9/2009. The judge found in my favor; however, the plaintiff filed an appeal and filed for garnishment and a lien on my property. In 3/2010 the presiding judge made a decision against me during the appeal but I was never notified of a court date. Also, I called the state appeals department today and they said that a court date was never issued. How can the judge make a decision without hearing both sides. I need to know what steps can I take. The courts referred me to a law clerk but he has not returned my call.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is the Appeals Process in State Court

    If you failed to appear in court such that a default was issued against you, you lost based upon that default and not because the judge compared your version of events to the plaintiff's.

    Why weren't you aware of the court date? Did you enter an appearance with the court, and formally answer the complaint? If the issue is that you failed to appear and defend, and thus that you were defaulted without the need for a court hearing, then nothing in your story would be surprising.

    Why haven't you done anything since March?

  3. #3
    Join Date
    Dec 2009
    Posts
    12

    Default Re: What is the Appeals Process in State Court

    In march I had surgery that I am continuing to recover from. I could not locate the original paperwork until recently and the garnish form I recieved from my job did not have the original case number. Today I spoke with the appeals department that handles scheduling and I was told that no court hearing was ever set for the appeal. He said nothing was documented in their system; no hearing date and no notification sent out informing me of an appeal , just the date the judge signed the order on 3/23/2010. In Aside from filing a Traverse form in the county the garnishment was filed, I do not know what to do next. The person I spoke with gave me the name and number of the law clerk at the appeals court but I can only leave a message which I have done several times. There was a mistake by the judge when he signed the order, I never formally answered the appeals complaint because I never recieved the notice in the mail. The original magistrate noticed was answered because I recieved it in the mail.

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