If your small claims ruling was not in your favor and you feel the judgement was wrong, you can file a small claims appeal. Below are some tips on how to file and present your appeal.
It is important to know that the rules that cover small claims appeals may vary from state to state. Because of this, the first thing you should do is obtain a copy of your state’s small claims appeal rules and familiarize yourself with them.
File Promptly
All states require appeals to be filed promptly, typically within 10 to 30 days. In some states, you need to file a notice of appeal within 30 days after the judgement has been mailed to you by the court clerk. This means that if the decision was mailed to you, you have less than 30 days to file once you have received the documents.
Fees
Appeal fees are often higher than the initial filing fee. You may be required to post a cash bond in your state to cover the amount of the judgement, should you lose.
Do You Need a Lawyer?
You are entitled to have a lawyer represent you in the appeals court, but it may not be cost efficient to hire one considering how much you already have to pay to appeal. Weigh the pros and cons and know that you do not need a lawyer to make a good impression at an appeal. Simply be prepared and respectful and you can make just as impressive a showing at your appeal.
Presenting Your Appeal
Give careful thought to any improvement your presentation can benefit from. This is sage advice for both sides of the judgement but especially true to the person who lost previously. Ask yourself if the judge decided against you because you presented poorly or perhaps because your statements were not backed up with evidence. If the answer to either is yes, you may need to do a little more work.
If you are feeling the pre-case jitters, try to calm yourself and be prepared. You may want to read Represent Yourself in Court: How to Prepare & Try a Winning Case by Paul Bergman. And know that if you do not understand something during the appeal process, you are allowed to politely ask the judge for an explanation.