Small Claims - Appeal

The statute creating the "Court of Small Claims" allows either party the right to appeal to the county court if the amount of the dispute exceeds $20, exclusive of costs. If you feel that the decision was unfair and you have originally asked for more than $20, you may appear in front of the county court judge and go through the trial as before, completely retrying the case in front of a new judge. If you desire to appeal, you must file a Notice of Appeal in the county court within 10 days after the case was decided in the court of small claims. Ask the clerk of the small claims court for help if you need it.

You should also be aware that the party you are suing can appeal if he chooses. If this happens, be sure to appear at the second trial or the judge in the county court may rule against you. The clerk at the county court will notify you if the defendant has appealed.

An appeal to county court involves a much more formal proceeding than the one in small claims court. In many cases, it will be necessary to have an attorney assist you with an appeal.