Civil court cases share some similarities with their criminal counterparts. For instance, most states allow losing defendants to appeal the judgments against them. This holds true even in money judgment cases. However, the rules for appealing a money judgment do not leave defendants with a lot of wiggle room.
To be clear, a money judgment case is a case in which a monetary award was specifically sought. Money judgments are typical in debt collection cases, personal injury cases, etc. Note that there are other types of civil cases in which different outcomes are sought.
Appealing a Typical Money Judgment
A typical money judgment case involves the two parties going to court, presenting their respective evidence, and then allowing the court to rule. A ruling in favor of the plaintiff means a monetary award the defendant is legally obligated to pay. What if the defendant, now known as the judgment debtor, wants to appeal?
Appealing a money judgment is essentially asking the court to vacate its decision. In most cases, the grounds on which to appeal are very strict. A debtor must be able to prove that either the court erred in its decision or that there was never a legitimate case to begin with. The classic debt collection case is the perfect example.
A debtor who could prove that he was never liable for the original contested debt has strong grounds for appeal. Likewise for a debtor who can prove that the court did not look at all the evidence.
Deadlines for Appeal
The individual states tend to enforce deadlines for appeal. Debtors are looking at 20-30 days on average. Within that time frame, creditors either cannot begin collection efforts or don’t bother to. They wait until the appeal deadline has passed before engaging with a debtor for payment.
Appealing a default judgment
A default judgment is somewhat different in terms of appeal. For starters, a default judgment would be entered against a defendant who either does not answer the original summons or answers it but fails to appear in court on the scheduled trial date. Because the defendant is not participating in the legal system, the court awards the plaintiff a default judgment.
Default judgments can be appealed on one of four grounds:
1.Excusable Default – Some states allow appeal based on the doctrine of ‘excusable default’. In other words, the defendant had no choice but to fail to appear due to extenuating circumstances. Being jailed at the time would be one such circumstance.
2.Fraud or Misconduct – A debtor could file an appeal based on some sort of fraud or misconduct perpetrated by the plaintiff. The alleged fraud or misconduct must be directly related to the case.
3.Lack of Jurisdiction – If the defendant believes the court was subject to a lack of jurisdiction, a motion to vacate can be filed.
4.Federal Rule 60(b) – A federal money judgment can be appealed under Rule 60(b) as a result of unavoidable mistakes, excusable neglect, or another extenuating circumstance.
Judgment Collectors, a Utah judgment collection agency based in Salt Lake City, says that appealing a default judgment is subject to doing so within a ‘reasonable time’. States may not define what a reasonable amount of time is. But as a general rule, courts expect default judgment appeals within 30-60 days.
It is possible for a judgment debtor to file an appeal. Success doesn’t come easy, which is why so many money judgments are not appealed. But appealing is a good option if the defendant has a compelling case based on one of the limited grounds for appeal.