Small Claims Appeals FAQ

In California small claims court, only the defendant who lost can file an appeal. The plaintiff who filed the original case cannot appeal an unfavorable judgment; this is a fundamental difference from regular civil court. This rule exists because the plaintiff chose the small claims forum with its simplified procedures and limited recovery amounts.

If a plaintiff is unhappy with the result, their only option is to file a new lawsuit in regular civil court if the statute of limitations hasn't expired and the claim wasn't decided on the merits. However, if the defendant filed a cross-complaint and the plaintiff lost on that claim, the plaintiff can appeal the cross-complaint portion. The defendant must appeal within 30 days of the clerk mailing the notice of entry of judgment.

The deadline to file a small claims appeal in California is 30 days from the date the clerk mails the Notice of Entry of Judgment, not from the hearing date. This deadline is strictly enforced, and missing it means losing your appeal rights permanently. The 30-day period begins when the clerk mails the notice, which is typically the day after the judge makes the decision.

Check your Notice of Entry of Judgment for the mailing date. If the 30th day falls on a weekend or court holiday, the deadline extends to the next court business day. To appeal, file Form SC-140 (Notice of Appeal) with the small claims clerk along with the required filing fee. Make sure to file early enough to account for any processing delays.

To file a small claims appeal in California, complete Form SC-140 (Notice of Appeal) and file it with the small claims clerk within 30 days of the mailing of the Notice of Entry of Judgment. Include the required filing fee, which is approximately $75 but varies by county. If you cannot afford the fee, file Form FW-001 (Request to Waive Court Fees) along with your appeal.

The clerk will process your appeal and transfer the case to the Superior Court's civil division for a new trial (called a trial de novo). You'll receive notice of the new hearing date, typically scheduled 30-70 days after the appeal is filed. Unlike the original small claims hearing, attorneys can represent either party at the appeal hearing. Begin preparing your case immediately after filing.

A California small claims appeal results in a trial de novo, meaning a completely new trial in Superior Court where the case is heard from the beginning as if the small claims hearing never occurred. The judge will not review the small claims court decision for errors; instead, both parties present their cases entirely anew.

The Superior Court judge will hear testimony, review evidence, and make a fresh decision based on the new hearing. Unlike small claims court, attorneys can represent either or both parties. Both parties can introduce new evidence not presented in small claims court. The burden of proof remains on the original plaintiff. The judge will issue a new judgment that completely replaces the small claims judgment. This judgment is final and cannot be appealed further except in very limited circumstances.

Yes, the judgment amount can change on appeal, and the outcome can actually become worse for the appealing defendant. Since the appeal is a trial de novo (new trial), the Superior Court judge makes an independent decision based on the evidence presented at the appeal hearing. The judge is not limited by the small claims court's decision and can award:

• The same amount as the original judgment
• A higher amount up to the small claims limit
• A lower amount
• Nothing at all

For defendants appealing, there's a risk that a better-prepared plaintiff or additional evidence could result in a larger judgment. Consider the risks carefully before appealing a relatively small judgment.

Unlike the original small claims hearing, attorneys can represent parties at the appeal hearing in Superior Court. Whether you need a lawyer depends on the complexity of your case, the amount at stake, and your comfort with court procedures. If the other side hires an attorney and you don't, you may be at a disadvantage.

However, many people successfully handle small claims appeals without attorneys because the amounts usually don't justify attorney fees. If you decide to represent yourself, prepare thoroughly by organizing your evidence, practicing your presentation, and understanding the legal elements you need to prove or disprove. Consider consulting with an attorney for advice even if you don't hire one to represent you. Evaluate the cost-benefit: if attorney fees would exceed your potential recovery or loss, self-representation may make more sense.

If you missed your California small claims hearing and a default judgment was entered against you, you can file a motion to vacate (set aside) the judgment using Form SC-135 (Notice of Motion to Vacate Judgment) within 30 days after the clerk mails the Notice of Entry of Judgment. You must show good cause for your absence, such as:

• Never receiving proper notice of the hearing
• Experiencing a serious medical emergency
• Having a death in the family
• Other circumstances beyond your control

Simply forgetting or having schedule conflicts typically don't constitute good cause. Along with your motion, file a declaration explaining why you missed the hearing and demonstrate that you have a meritorious defense to the plaintiff's claim. If granted, a new hearing date is set.

If you've missed the 30-day deadline to appeal a California small claims judgment, your options are limited but not nonexistent. First, verify the deadline has actually passed by checking when the Notice of Entry of Judgment was mailed. If exceptional circumstances prevented you from appealing, you may file a motion for relief from default.

This must be filed within a reasonable time and no more than six months after entry of judgment. You must show your failure to appeal was due to mistake, inadvertence, surprise, or excusable neglect, not just carelessness. Alternatively, if the plaintiff committed fraud or the judgment was obtained through perjury, you may have grounds for a motion to set aside the judgment. If none of these options apply, the judgment stands and becomes final and enforceable.

Filing an appeal does not automatically stop enforcement of a California small claims judgment. To prevent the winning party from collecting on the judgment while your appeal is pending, you must post a bond or make a cash deposit with the court. The bond amount is typically the judgment amount plus estimated interest and costs for the appeal period.

If you don't post a bond, the plaintiff can proceed with collection efforts including wage garnishment, bank levies, and property liens while your appeal is pending. To stay enforcement, file Form SC-140 (Notice of Appeal) along with a request for stay of enforcement and either a bond from a licensed surety company or cash deposit. If you cannot afford a bond, you may request a waiver, though these are rarely granted.

Yes, if you filed a Defendant's Claim (counterclaim) in small claims court and lost on that claim, you can appeal the portion of the judgment denying your counterclaim. Your appeal rights depend on your overall position: if you were the original defendant, you can appeal the judgment against you on the plaintiff's claim and also appeal the denial of your counterclaim.

The appeal of the entire matter will be heard together in Superior Court. Remember that in a trial de novo, both the plaintiff's claim and your counterclaim will be reheard completely. You must file Form SC-140 (Notice of Appeal) within 30 days and pay the required fee. Carefully evaluate whether the amount at stake justifies the time, cost, and uncertainty of the appeal process.