Appealing a Small Claims Court Decision

You lost in small claims court and you want to appeal. In most states, you're allowed to do that. Typically, a small claims appeal means you get a brand new trial, but in regular—not small claims—court. Other states treat a small claims appeal much the same as an appeal from regular court, meaning you'll find yourself in the unfamiliar territory of a court of appeals.

In either case, you're stepping into an entirely new—and generally unforgiving—world. Small claims court is reserved for mostly simple cases. The proceedings are relaxed and informal. An appeal means you're swimming with the sharks: The court rules are much more confusing and intimidating, you might be up against an attorney, and things probably get more expensive.

In this article, we'll explain:

• which states do and don't allow appeals from small claims cases
• the two kinds of small claims appeals and how they differ
• appeal deadlines, fees, and bonds
• the factors you should consider in deciding whether to appeal, and
• the basics of how you present your appeal.

Can I Appeal a Small Claims Judgment?

You probably can. Only four states bar appeals from all or some small claims decisions. In Arizona (R. Sm. Cl. Proc. 1(d) (2025) and Connecticut (Conn. Gen. Stat. § 52-263 (2025), small claims judgments can't be appealed.

Oregon operates two small claims divisions, one in the circuit court and another in the justice court. No appeals are allowed from the small claims division of the circuit court. (Or. Rev. Stat. § 46.485 (2025).) If the case was filed in justice court, then:

• the defendant (the party being sued) can appeal an adverse judgment on the plaintiff's (the party who sued) claim, and
• the plaintiff can appeal an adverse judgment on the defendant's counterclaim, meaning a claim the defendant brings in response to the plaintiff's claim.

(Or. Rev. Stat. § 55.110 (2025).)

In Michigan, you can appeal if your small claims case was decided by a district court magistrate. But no appeal is allowed if the decision was made by a district court judge. (Mich. Comp. Laws § 600.8427 (2025).)

Other states allow appeals, but they might be limited to certain parties or claims. Check your state's small claims statutes or court rules for details.

Two Basic Kinds of Small Claims Appeals

In most states, an appeal from small claims court gets handled differently than an appeal from regular court. We begin with an explanation of how appeals usually work. Then we'll explain what happens when you appeal a decision from small claims court.

How Do Appeals Usually Work?

When you lose in regular court, your appeal is to the state's court of appeals or supreme court. You're can't appeal just because you're unhappy you lost. Instead, you must show that the trial court committed an "appealable error." An appealable error is a legal mistake the trial court makes, one that harms you by negatively impacting the outcome of the case.

Examples of Appealable Error

For example, you can't just say to the appeals court, "I think the trial judge was unfair and I want a new trial." That doesn't raise any specific error that might have impacted the outcome of your case. But suppose the trial court judge ruled that one of your witnesses wasn't qualified to testify. You think that excluding this testimony was error, causing you to lose the case. That's something you can appeal.

Here are a couple more examples to illustrate what is (and isn't) an appealable error.

• No appealable error: You sue your mechanic in small claims court, claiming that they botched a repair job on your car. After listening to both sides, the judge rules for the mechanic, concluding that the repairs were made properly and something else was wrong with your car. You can't appeal, because this is a factual dispute—a disagreement over whether the repairs were done correctly—not a claim of legal error.
• Appealable error: You're a tenant suing for the return of a cleaning deposit withheld by your former landlord. The court agrees with you and awards you the amount of the deposit plus $500 in statutory damages. The landlord appeals, claiming that under state law, the judge only has the power to award a maximum of $250 in statutory damages. Because this appeal claims the judge made an error in applying the law, it can be appealed.

The Process in Appellate Courts

Appeals courts operate in a fundamentally different way than do trial courts. To appeal, you file a brief—a written document that's prepared and filed under the state's rules of appellate procedure—that lays out all your claims of error, how you think those errors harmed you, and what you want the appeals court to do.

Once both sides have filed briefs, the appeals court usually will hear oral arguments from the parties' lawyers. At oral argument, the lawyers don't present witnesses or introduce other evidence to the court. Instead, the judges ask them questions about key issues in the case. At some later point, usually several months after oral arguments, the appeals court issues its decision.

In a few states—we'll call them "error appeal states"—small claims appeals go to an appellate court, following these same procedures.

Trial De Novo States

But in most states, something different happens. Your small claims "appeal" goes, not to an appeals court, but to the state's main trial court. There, you essentially get a "do-over" trial. We call these "trial de novo states." In a trial de novo state, you're starting the case over, from scratch, on appeal. You present evidence and witnesses in the trial court just as you did in small claims court.

A few trial de novo states have special rules for these new trials, meant to keep the process as quick and simple as possible. But in other states, the normal rules of civil procedure apply. These rules are much more formal and rigid than what you encountered in small claims court.

Appeal Deadlines and Other Requirements

When you appeal a small claims court decision, the procedures you must follow become more formal and demanding. Here's a brief introduction to the kinds of things you might expect. As always, you'll need to consult your state law and small claims rules for specifics.

Starting Your Appeal: The Notice of Appeal

Most often, you start your appeal by filing a document called a "notice of appeal" with the clerk of the small claims court. There's probably a court-approved notice of appeal form. If so, you should use it. Here are some examples.

• Alaska: Links to a variety of small claims forms, including the notice of appeal form.
• California: Links to county small claims advisors, and the approved notice of appeal form.
• Nebraska: General information about small claims appeals, and the notice of appeal form.
• North Carolina: A guide to small claims cases and the notice of appeal form.

If you have trouble finding the form you need, check the small claims court website or call the court clerk for directions.

File Before the Deadline Expires

In all states, your time to file a notice of appeal is limited. Each state sets its own time limit. A typical deadline is 10 to 30 days from the date the judgment was entered. But it can be much shorter.

In Nevada, for example, the deadline is five days from the date judgment was entered, not including weekends and holidays. (Nev. Just. Ct. R. Civ. Proc. 98 (2025).) In Michigan, you have just seven days to file a notice of appeal from a magistrate's small claims judgment. (Mich. Comp. Laws § 600.8427 (2025).)

Keep these two important points in mind. First, the deadline probably runs from the date the court entered judgment, not from the date you received it in the mail. Say, for instance, that your state's deadline is 10 days from judgment entry. The court entered judgment against you on March 3. The judgment arrived in your mail on March 5. You've got 10 days from March 3, not from March 5, to file a notice of appeal.

Second, if you miss the deadline, you've almost certainly lost right to appeal. File your notice after the deadline has run out and the court will dismiss it. Speak to an attorney right away if you're not sure how much time you have to appeal, or how you file a notice of appeal.

Appeal Fees and Appeal Bonds

There's likely to be an appeal fee, and it might be more than what it cost to file the case in small claims court in the first place. The good news is that in most states, if you win your appeal, the costs you paid—including the appeal fee—can be "taxed" (assessed against) the other side.

If you can't afford to pay the appeal fee, you probably can ask the court to waive it. There should be a form you can submit asking for a fee waiver. Contact the small claims clerk's office if you can't find it online.

In order to appeal, you might have to file an appeal bond (sometimes called a "costs" bond) to guarantee that you'll pay all the court costs on appeal. The amount of the bond varies from state to state. But in small claims court it's usually nominal, ranging from $50 to $500. Most courts will waive the appeal bond if you prove you can't afford it. Check the small claims court website for a waiver application.

Factors to Consider in Deciding Whether to Appeal

The decision to appeal isn't one to make lightly. Think about why you lost in small claims court. And do a cost-benefit analysis, weighing what you might win (or lose) on appeal against the costs—both in time and money—of an appeal.

Why Did You Lose in Small Claims Court?

You can lose a small claims case for lots of reasons. Most often, though, it comes down to having a weak case, or doing a poor job presenting your case to the court.

• You have a weak case or defense. This usually means you simply didn't have the evidence you needed. If that's what happened—the judge said, for example, that you didn't prove one or two elements of your claim or defense—then you might be able to fix the problem if you're in a trial de novo state where an appeal means you get to present your case again.
• You did a poor job presenting your case in court. If you just blew the presentation of your claim or defense in court, a do-over gives you another bite at the apple. But only if you're in a trial de novo state. Should you decide to appeal, spend lots of time rehearsing your presentation. Find an audience—family or friends—who will watch and give you honest feedback.

Remember that in an error appeal state, you'll need to prove that the trial court committed appealable error in order to win on appeal. This adds another level of complexity to your decision, especially if you're lacking evidence or you did a bad job presenting your case. Your best bet, in that situation, will be to get advice from an attorney.

Doing a Cost-Benefit Analysis

It makes no sense to pursue your case any farther if what an appeal will cost outweighs what you might win if the appeal goes your way. And keep in mind that if you get a do-over trial on appeal, the other side gets a do-over, too. It's possible, in other words, that you'll come out worse off after an appeal than you did the first time around.

Here too, an attorney can be a valuable resource. When your case gets to the point that you're trying to decide if it makes sense to appeal, you're probably in over your head. These simply aren't questions you've had to consider before. An attorney can help you estimate the costs and expenses of an appeal, what you might recover if you succeed, and your odds of success or failure.

Presenting Your Appeal

How you present your appeal depends on whether you're in a trial de novo state or an error appeal state.

Trial De Novo State

As mentioned above, in a trial de novo state, you get a do-over trial. In most states, you're allowed to present evidence and witnesses you didn't present to the small claims judge. Doing this will be essential, especially if you lost because you didn't have the evidence you needed the first time around.

If you're lucky enough to be in a state that follows more relaxed small claims procedures on appeal, then you can focus all your efforts on filling evidence gaps and polishing your presentation.

But if yours is a state that applies all the regular court rules to trial de novo appeals, you've got a much bigger task ahead. For starters, you'll need to be familiar with your state's rules of civil procedure and rules of evidence. Be aware, too, that local courts often have their own versions of these rules you must know.

Error Appeal State

If you're in an error appeal state, your small claims appeal is headed for an appellate court. You'll need to prepare and file a brief (or respond to your opponent's brief). This will mean some heavy duty legal research and writing, and your brief must be written and formatted in compliance with your state's rules of appellate procedure. Don't skimp on the effort here. Most appeals are won (or lost) "on the briefs," meaning based on the strength or weakness of the parties' briefs.

Chances are you'll follow the brief with an oral argument to the court. Each side probably gets 20 or 30 minutes of argument time. The party who appeals (the "appellant") goes first, followed by the party who responds to the appeal (the "appellee" or "respondent").

You should have a prepared and rehearsed presentation, but chances are you won't get through it. The judges hearing the argument—there likely will be three—will start asking you questions about your claims or defenses. There's a chance your argument time will expire before you've finished your prepared material.

Be polite and respectful to the judges, even if you're upset because they constantly interrupt you. This is just the way appeals courts work. They're not trying to attack you or be mean to you, or make you lose your case.

Get Help With Your Small Claims Appeal

Handling your own small claims case is one thing. Taking on an appeal from a small claims case? That's a different story.

A small claims appeal, whether you live in a trial de novo state or an error appeal state, is likely to be an intimidating experience. Chances are that, in addition to worrying about the actual appeal, you'll need to learn lots of court rules—rules that, under the best of circumstances, can be confusing and difficult to understand. This isn't a task you want to take on alone.

An experienced lawyer can do several important things. First, if you came out on the losing end in small claims court, they can help you understand why. Second, and just as important, they can explain whether it makes sense to appeal, and why or why not. Finally, if you do choose to go it alone, an attorney can help you plan your presentation on appeal.

The value of your small claims case, and what you might recover if you win on appeal, will have a lot to say about how much you spend on legal help. If there's enough money at stake, it might make sense to have an attorney handle your appeal from start to finish. That's something else a lawyer can help you sort out.