District Court Department

I LOST MY CASE BEFORE THE MAGISTRATE, WHAT DO I DO?

If you sued the other party and lost and the magistrate did not award you any money, that decision is final. You may not appeal from the magistrate's decision on your claim against the other party.

If you were sued by the other party and lost and the magistrate ordered you to pay money to the other party, you must do one of the following four things:

A. Pay the judgment in full within the time ordered

If you do not pay the amount as ordered and you are able to do so, you may be held in contempt of court and imprisoned or assessed additional costs. Pay the full amount directly to the other party, known as the "Judgment Creditor." In order to protect your credit record, you may ask the Judgment Creditor to sign a "Satisfaction of Judgment" form acknowledging your payment in full, and file that form with the clerk-magistrate's office. If the magistrate ordered you to turn over property to the Judgment Creditor, you must do so.

B. Ask the magistrate to set a payment plan or continue the matter

If the magistrate has scheduled a payment review hearing, at that hearing you may ask the magistrate to order a payment plan you can afford, or to determine that you are unable to pay anything right now. If the magistrate has not scheduled a payment review hearing and you want to request a payment plan or a delay in payment, or all of your income is derived from exempt sources, ask the clerk-magistrate's office to schedule your request for hearing before a magistrate -- do not wait until you are required to come to court or you will be liable for additional costs. Obtain a "Financial Statement of Judgment Debtor" form here or from the clerk-magistrate's office, fill it out and bring it with you to the hearing, along with any documentation you have regarding your financial status (tax return, salary stub, etc.). Certain income is exempt from any payment order of the court. To see a list of exempt income, click here. If your income is derived from any of these sources, you should bring some evidence of that to the payment review hearing.

It is possible that an otherwise exempt judgment debtor may voluntarily make payments to a judgment creditor, but such an agreement would not be enforceable in contempt if payments ceased. It is also possible that a person who receives one of the benefits listed above may also receive wages from employment which could be the subject of a payment order.

Although a person may be currently unable to pay, a judgment is enforceable for twenty years during which time said person's financial condition may improve. A person's assets may be used to satisfy a judgment.

C. Appeal to a judge or a jury

If you appeared at the trial before the magistrate and you disagree with the magistrate's decision on the other party's claim, you may appeal for another trial by either a judge or a jury. To do so, within 10 days after you receive written notice of the magistrate's decision you must file with the clerk-magistrate's office your "Defendant's Claim of Appeal" form (available here and at the clerk-magistrate's office - if you use the online version of the "Defendant's Claim of Appeal," please file four copies with the court), indicating whether you want a trial by a judge or before a jury, along with the $29 appeal fee (which is non-refundable) and a $100 appeal bond or deposit (which is refundable if you win on appeal, or is credited against what you owe if you lose on appeal). The appeal bond or deposit is larger if you are a landlord being sued for the return of a residential tenant's security deposit. The appeal fee and bond may be reduced or waived if you are indigent. On appeal, the judge or jury will reach a new decision, but may take into account that the magistrate previously decided the claim against you.

If you did not appear at the trial before the magistrate (this is called a default), you may not appeal from the magistrate's decision on the other party's claim.

D. File a motion to vacate the judgment

If you did not appear at the trial before the magistrate, within one year you may ask the magistrate to vacate (cancel) the judgment. Such a request is normally allowed only for a good reason. To make such a request, ask the clerk-magistrate's office to assist you in filing and scheduling a "Motion to Vacate the Judgment." Motion forms are available here and at the clerk-magistrate's office.