MAY I DO ANYTHING IF I LOSE?

1.) Remember that you may lose a case by default simply because you are not present on the hear­ing date. If you are notified that you have a Default Judgment against you, or your case has been dismissed, you may still have a way out. Ask yourself these questions:

Was I notified of the hearing date of my trial?

Did I have a good reason or excuse for not appearing in court?

If you did not know about the hearing date nor had a good reason for not appearing, notify the Clerk right away. You will need to file a motion to vacate the Default Judgment or a motion to reinstate the case if it was dismissed. The fee is $10.00.

2.) If you lost your case in a Small Claims Court hearing, you may try to get a new trial or you may request that the judgment be "stayed" (not immediately executed) because you are going to appeal. A motion for review is filed with the Clerk within ten (10) business days from date of judg­ment.

You may file your motion for review in the Clerk's Office for forwarding to a Superior Court Judge. The fee is $10.00.

3.) You may appeal the Judge's decision to the D.C. Court of Appeals. If you decide to appeal, you have three business days from the date of the Judge's decision to file an application. The applica­tions are in the Small Claims Clerk's Office. After you have completed the application forms, a clerk will direct you to the D.C. Court of Appeals Clerk's Office for filing of your appeals application. The fee is $5.00.

Appeals from the Small Claims Court are not automatic. The Court of Appeals will decide whether or not to consider your appeal.

Remember that the Small Claims Clerk is there to help you. If you have a problem or question about your case, call him/her. Always give him/her your case number, which is located on your Statement of Claim form.