How to Appeal a Small Claims Suit Judgment

While small claims court is supposed to be a quick and easy way to navigate the civil court system, not all judgments end in your favor. Depending on the state you filed suit in, you may be able to appeal the judge's decision.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Computer with Internet Access

Appeal a Judgment From a Small Claims Suit

1. Check your state laws for information on appeals in small claims cases. Some states do not allow an appeal at all. Others only allow the defendant to appeal the judgment. While your county's judicial Web site has the most detailed information, the National Center for State Courts provides appeal laws for every state (see Resources below). The site packs in a lot of information, so use the search form to find small claims appeal pages.
2. Consider hiring a lawyer even if you represented yourself in the original suit. In some states, an appeal is held in a more formal situation, so an attorney may be allowed to accompany you to court.
3. Appeal the decision as soon as possible after your case ends. Most courts only give a five to 30 day period after the judgment to file an appeal. In some states, this starts from the day of the trial; in other states, the appeal period starts after the county clerk mails the judgment.
4. Keep accurate documentation of your entire case. If you decide to appeal, you will need to provide evidence to support your reasons for a new judgment. In some states, the appeal is merely a complete redo on the original case, while others require you to prove that the judge made a legal mistake.
5. Head to the Nolo Web site for advice on small claims appeals (see Resources below). Geared towards consumers who wish to take control of their legal affairs, the Small Claims Court Resource Center provides advice on how to prepare an appeal.

Tips & Warnings

• Each state has a different appeal form called anything from a Formal Statement of Appeal to a Notice of Appeal. If your state allows appeals, the form should be readily available from the county clerk's office.
• Many states do not make the appeal process easy, so be prepared to pay high fees or file excessive paperwork.