FAQs
If you disagree with the Magistrate’s Decision, you can file Objections to the Magistrate’s Decision to have the judge review the decision. Once the magistrate has filed the Decision, you have fourteen (14) days to file your objection. If you file objections within this fourteen (14) day period, then anyone else in the case can also file a response to objections up to ten (10) business days after the first objections are filed. There is a filing fee to file an objection.
When a party files objections, the case will be held for ten (10) business days pending a response from the opposing party. The case will then be reviewed by the judge. The judge will consider the objections, any response, and any supporting documents.
The judge may affirm and adopt the Magistrate’s Decision, or modify and enter a judgment, or order a new trial. A copy of the judge’s decision will be mailed to all parties.
If the judge disagrees with the magistrate’s decision, the judge can issue a judgment, refer the case back for a new trial or hear the case himself.
The winning party becomes the judgment creditor. The losing party becomes the judgment debtor. The judgment debtor has fifteen (15) days to voluntarily pay the judgment. If the judgment debtor does not voluntarily pay, you may choose to try different collection methods.
The magistrate will prepare and file a written decision which will be mailed to all parties. Every decision is reviewed by the judge before it is entered as an official judgment in Small Claims Court.