Most of the time, the magistrate will announce a decision in court. The magistrate will also prepare and file a written decision.  Every decision is reviewed by a judge before it is entered as an official judgment in Small Claims Court.

Some decisions are complicated so you or your lawyer may want to have a copy mailed to you. An important part of judgment is called the Findings of Fact and Conclusions of Law. This part of the document describes the reasoning behind the decisions the magistrate or judge made in your case based on the facts that both sides presented.

If you do not receive findings of fact and conclusions of Law as part of the decision or judgment but would like to have one, you must make a written request within 7 days of receiving the decision or judgment by filling out a request form. You can get the form from the Clerk of Court or the Court Forms section of this site.

What happens if I win? 

The winning party becomes the judgment creditor.  The losing party becomes the judgment debtor, and has 15 days to voluntarily pay the judgment.  If the judgment debtor does not voluntarily pay you after you have your judgment, you may choose to try different collection methods. 

If the debtor cannot pay you in full, it may be worthwhile to enter into an installment payment plan to give the debtor the opportunity to pay over time and avoid the time and expense of collection methods.

Collection proceedings may take a great deal of time and they are more expensive than the filing fee for a small claims case. You should consider all the steps you may take to collect the debt.  It is best to speak with a lawyer about your options.

What if I disagree with the decision?

Many times the Magistrate's Decision may not provide the reasons for his Decision.  In that case, you may ask for Findings of Fact and Conclusions of Law from the Magistrate wihtin seven (7) days after the Decision is filed.

If you disagree with the Magistrate’s Decision, you can file a Objections to the Magistrate's Decision to have the judge change or reject the decision. Once the magistrate has filed the Decision, you have 14 days to file your objection. If you file objections within this 14 day period, then anyone else in the case can also file objections up to 10 days after the first objections are filed. 

How to file an objection

It is not enough to disagree with a decision. You will need to provide good reasons why you disagree with the decision. You can review the Findings of Fact and Conclusions of Law or a digital recording of the trial to find out how best to make your objections.

Fill out the reasons for your objection carefully on the form and file it with the clerk. You can also request an oral hearing by writing on the first page of the objections form “An oral hearing is requested.”

There is a filing fee for filing an objection.        

If a party decides to request Findings of Fact and Conclusions of law, their 14 day window for filing objections begins when the magistrate files the decision that includes this information. The clerk will mail a copy of the findings of fact and conclusions of law to you.

What happens after I have filed my objections?

When a party files objections, the case will be assigned to a judge. The judge will consider the objections and any supporting documents.

The judge will agree (sustain), disagree (overrule), or change the magistrate’s decision and enter a final judgment. A copy of the final judgment will be mailed to all parties.

If the judge agrees with the decision, the party can either accept the judgment or appeal the judgment to the Eighth District Court of Appeals.

A party has 30 days from the date of the final judgment to file an appeal with the Eighth District Court of Appeals.  Appealing to the Court of Appeals is complicated and expensive.  You may need to provide a transcript of the original trial and hire a lawyer.  Before filing an appeal, you should talk to a lawyer to see if it is worth it to appeal.

If the judge disagrees with the magistrate’s decision, the judge can refer the case back for a new trial or hear the case herself.