"Ask the Judge" column continues in La Prensa of SA, 6-17

Ask the Judge: When you lose in Court

By Judge Steve Walker

Many defendants and plaintiffs ask the question, “What do I do now?” when they lose their case in court.

It all depends of course on whether you are on the winning side or not.

For example in Small Claims Court, if you are the plaintiff and lose, you have the option of appealing your case to County Court in hopes of a different verdict. Numerous plaintiffs file an appeal when they do not get a verdict that awards them money from the defendant.

On the other hand if the defendant loses and is assessed a monetary judgment against them, they too can appeal. Whoever loses the case and appeals, must pay a filing fee with Pct. 2 within ten days to fight the case in the higher court.

Should either of the losing parties fail to file an appeal, the plaintiff if they win, can file an abstract to attempt to collect the judgment. If the defendant does not file the appeal, the verdict stands and they must make arrangements to pay the judgment.

In Eviction Court both sides may appeal as well, but within only five days. If the landlord wins, and the defendant has not filed an appeal within the five days, the landlord may file for a writ of possession and if the defendant does not leave immediately, constable’s deputies will forcibly go to the tenant’s home and assist movers in putting the tenant’s belongings on the street.

If the defendant is not on the premises, their valuables may be confiscated by passers by or neighbors who take the opportunity to take advantage of the situation. With no one to keep an eye on the possessions, it is likely that will happen.

In Traffic Court when a defendant is found not guilty the ticket is automatically dismissed with no consequences. When they ask “What do I do now?” we instruct them they are free to leave since they won the case.

If the defendant is found guilty, they must pay the fine. If they are unable to pay the fine immediately, (what do I do now?) usually the judge will allow the defendant a 30-day extension to do so. If they miss the 30 day cutoff, an additional $25 late fee will be assessed.

If the defendant pleads no contest, he/she is offered defensive driving or deferred adjudication for 90 days to get the moving violation off their record. Many defendants ask how long they have to take the defensive driving. (What do I do now?) The answer is 90 days.

If a plaintiff files a case in the wrong pct. the natural question is, “What do I do now?” The answer is to re-file the case in the proper jurisdiction where it will be heard at a later date.

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist. "Ask the Judge" has run in La Prensa every Sunday for 68 weeks.