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Consumer: How to Appeal a Magistrate's Judgment

Authored By: Legal Aid of North Carolina LSC Funded

Quick Facts

To appeal a magistrate’s judgment and stop any enforcement of the magistrate’s judgment, you must do the following within ten (10) days of the judgment:

Complete and file with the Clerk of Court the following documents:

  • Notice of Appeal

  • Petition to Appeal as a poor person (indigent)

  • Pay the cost of court if you are not indigent


If you appealed by giving notice in the court at the end of the hearing, you have 20 days after the judgment to pay the court cost.
 

Notice of Appeal

  • Complete the form providing the requested information.

  • You will file this form and the other documents described below with the Clerk of Court.

  • Mail a copy to the opposing party. It must be mailed within ten (10) days of the appeal period.

 

Petition to File as a Poor Person (Indigent)

The Clerk of Court can waive the cost of filing an appeal if you are unable to pay the cost of filing, you must complete and file a Petition to appeal as an Indigent.

The Clerk can give you the form for you to complete. Please note that it must be signed in front of a notary. This step is very important because it will reduce the amount you will have to pay when you appeal.

You must pay the cost of court to properly appeal, if you are not allowed to appeal as a poor person.
 

Appeal Check List

  1. Complete and file Petition to sue as a poor person

  2. Complete and file Notice of Appeal

  3. Make copies

  4. Mail Notice of Appeal to all other parties

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Last Review and Update: Jul 02, 2012