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Can I appeal a summary judgment to which I do not agree for financing company debt?

Woodstock, GA |
Filed under: Litigation

An agent from Rainsoft appeared on my doorstep in 2007 and pressured me into purchasing their water purifier for $4,600 which he said there is financing for through one of the finance companies. He explained that this works in a revolving credit manner and that I only have to pay $90 a month minimum payments. I signed this contract with Rainsoft and started making payments only to discover after 11 months that only about $15 of the $90 is applied to my principal and the rest goes to interest. I called them and got no help so I refused to pay. The finance company (AquaFinance) took me to court and even though I provided my answer, they still got a summary judgement against me for the full amount plus court costs and attorneys fees.

Attorney Answers 1


You can appeal as long as all of the claims in the lawsuit were resolved by summary judgment. If they were you have a limited time in which to file the proper motion or notice. An appeal can be expensive as there are court costs for preparing the record, costs for transcripts of any relevant hearings and court fees for filing an appeal with the Georgia Court of Appeals. Those costs plus the cost of an attorney to represent you on appeal would probably be more than the judgment against you. An appeal is a procedural maze that often requires an attorney that is experienced in appellate procedure and law to have your issues heard on the merits. One last thing, many people believe that an appeal is a second chance to state your case and introduce evidence. An appeal is only for a correction of an error of law. It may be that there was an error of law, but that is often difficult for a non attorney to argue effectively.

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