How to Appeal a Small Claims Court Decision | California

You lost your case against the other party, but you may be able to appeal if somebody initially filed the lawsuit against you.

If you are the Defendant on a Plaintiff’s Claim (the Plaintiff sued you) OR if you are the Plaintiff on the Defendant’s counterclaim (the Defendant sued you), you can appeal a judgment against you.

Appealing a case means asking the Superior Court to change the Small Claims Court’s original decision. An appeal is also commonly called a “Trial de Novo” or “New Trial” because a new judge will hear your case. This new judge will be part of the Superior Court (not the Small Claims Court).

Key things to keep in mind before you file an appeal:

• You have 30 days from your judgment date to file the appeal. This judgment date is most often when you receive the judgment in writing from the court.

• A lawyer can represent you (and the other side).

• A court hears the appeal for the original amount.

• If someone sued you for $1,000, but the judgment against you is $250, the judge will hear the appeal at $1,000. The judge may award $1,000 to the other side if you lose the appeal.

• You do not have to pay the Small Claims Court judgment while the court processes your appeal.

• If the court finds the appeal filed was to harass the other party, the court may award the other party up to $1,000 in attorney’s fees, up to $1,000 in lodging/transportation in connection with the appeal, and any actual lost earnings.

• An appeal is different than a motion to vacate a default judgment. If you lost because you did not attend your hearing, you will have a “default judgment.” To cancel this default judgment, you must file a motion to vacate (cancel) the judgment. Do not appeal the default judgment.

1. Fill out the “Notice of Appeal (Small Claims)” Form SC-140.

2. Pay the filing fee and file the completed form at the Small Claim clerk’s office where the judge originally heard your case.

3. The clerk’s office will notify you and the other party of the new hearing date by mail. The court will mail you the date and time of your hearing on the appeal.

4. The hearing on your appeal will be in the civil division of the superior court.

Prepare for your appeal hearing as you prepared for your first hearing and bring all your evidence and witnesses. Refrain from expecting the appeals judge to have access to any evidence you previously submitted. If you have new evidence, be sure to bring those as well.

At the hearing, present your case in full all over again. The new judge will examine everything as though they are deciding the case for the first time. You can choose to hire an attorney for the appeal. If you want any recoverable costs paid for by the other party, speak up and ask during the appeal hearing and show proof (receipts, bills) that the other party owes you those costs. If you win, the judge may award you $150 in attorney fees and up to $150 for your actual loss of earnings, expenses of transportation, and lodging incurred in connection with the appeal.

If you win the appeal you filed, the judgment is final, and you will owe the other party nothing.

If you lose the appeal you filed:

• There is no 30-day waiting period; you owe the other party what is decided on the appeal immediately.

• The judge will order you to pay the amount of judgment plus interest and costs.

• Interest will accrue at 10% each year the judgment is not paid.

• Examples of costs that you may owe the other party:

  • Costs associated with filing and service of process

  • Any earnings the Plaintiff can prove they lost

  • Any transportation or lodging costs associated with the appeal

  • Attorney’s fees up to $150

Read more about what happens if you lose in court as a plaintiff or as defendant.