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  1. #1
    Join Date
    Jul 2017
    Posts
    12

    Default How to Correct a Lower Court Judgment After an Appeal

    My question involves court procedures for the state of: North Carolina

    I appealed a small claims judgment and got a release from the plaintiff, but the lower court judgment wasn't removed.
    The appeal is supposed to be a Trail De Novo (New trial) and cancel out the original from what I understand.

    I talked to a lawyer who said it was an issue with the courts recording system. He also said to remove it one could prepare and order
    and meet with the judge in Chambers. I guess the order is to direct the clerk to fix the records?

    Could someone expand on this? I would like to know how to go about meeting with the judge and drafting the order.

    Thanks

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

    Default Re: How to Correct a Lower Court Judgment After an Appeal

    Your lawyer is the best person to explain what he has in mind.

  3. #3
    Join Date
    Jul 2017
    Posts
    12

    Default Re: How to Correct a Lower Court Judgment After an Appeal

    Yes, that would be my first choice but financially it's not an option.
    I have been scouring the web for direction on a form or procedure to setup the meeting.
    Surely the courts have a way for the public to address clerical or procedural issues without paying $300/hr.

    Situation Resolved
    I was turned away 2 times at the judges office and 4 times at the clerks office all saying go get a lawyer. The 2 different lawyers wanted $500 or $1500 to fix the problem.
    I finally talked to the clerks supervisor who said he could fix it but only because I had the previous consent order signed by the Judge releasing all parties from legal actions.
    He also said this is a common problem with appealed cases and he has complained to the state. What a mess!

    He also said if my lawyers had bothered to approach the clerks office about this it would have been handled earlier.

    The real problem beyond the neglectful Lawyers and clerks not doing their jobs is the fact that on appeal, the lower case (money owed) judgments are not
    automatically cleared even though no longer valid. The credit rating agencies and people that research for judgments come and mine this information from the court house.
    This bad information then shows up on credit reports and as judgments when people try to transfer real-estate. Mean while John Q public is stuck in the middle surrounded by
    people who don't know what their doing or people who get paid to much and pretend to. Well...life's not fare, true but keep fighting, it's going to kill you anyway...lol.
    God bless the clerk who finally knew what was going on!!!

    I really hope no one comes on here and tries to defend this lawyers who failed to take 10 steps down to the clerks office and finish a job. In my experience you have a 50/50 shot at getting a good one.

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