MICHELLE PATTERSON LAW
SMALL CLAIMS APPEALS
Can I Appeal a Small Claims Decision?
Only a defendant may appeal a small claims judgment. A plaintiff may not appeal a small claims judgment. The deadline to file the appeal is 30 days from the date of mailing the notice of entry of judgment.
How to Appeal a Small Claims Decision:
Within 30 days from the notice of entry of judgment, a defendant may appeal the decision of the small claims commissioner or judge by filing a Notice of Appeal with the Superior Court in your county. The appeal will be scheduled for a Trial De Novo, and the parties will be notified of the Trial De Novo hearing date by mail.
What is a Trial De Novo?
A trial de novo is the hearing on your appeal. The hearing is heard by a Superior Court judge in civil court, rather than a small claims judge or commissioner. A de novo hearing means the court will hear the case without regard to what happened at the first hearing in small claims.
Hiring an attorney:
An attorney may represent any party at the appeal hearing. If you wish to hire an attorney to represent you or prepare paperwork for your appeal, contact my office for a consultation.
What happens when a judgment is entered in the Trial De Novo?
Judgment on the appeal is final. You cannot appeal the judgement from the small claims trial de novo.