Appealing a small claims decision — suing in California small claims court
Check the mailing date on the SC-130 and count 30 days. The window is short and strictly applied, and a new trial is a genuine second chance — so if you intend to appeal, file the notice first and prepare afterwards.
General information about California procedure. We are not a law firm and cannot advise on your case.
The rule that decides most of these cases
In California, only a defendant may appeal a small claims judgment on the plaintiff's claim. A plaintiff who loses their own claim generally cannot appeal it. The appeal is a completely new hearing in the superior court, and there an attorney may appear. (Code Civ. Proc. § 116.710)
What this kind of case is worth
Small claims appeal claims in California small claims court typically run from $0 to $12,500. An individual may claim anything under $12,500; an entity is capped at $6,250.
| Amount you are claiming | Filing fee |
|---|---|
| up to $1,500 | $30 |
| over $1,500 up to $5,000 | $50 |
| over $5,000 up to $12,500 | $75 |
| More than 12 small claims filed in the past 12 months | $100 |
How to start
Before you file, you have to have asked the defendant to pay — the SC-100 asks you to confirm it. A written demand with a deadline does three useful things at once: it satisfies that requirement, it creates a dated record the judge can see, and quite often it ends the dispute without a filing fee.
If the letter does not work, file SC-100 with the small claims division of the Superior Court in the right county — generally where the defendant lives or does business, or where the deal was made or performed.
What to bring to the hearing
A small claims judge has minutes, not hours. Walk in with these, each one labelled, plus a copy for the judge and a copy for the other side.
- The Notice of Entry of Judgment, SC-130, with the date it was mailed
- Everything you presented at the first hearing
- Anything you were unable to present the first time
- Your notes on what the judge said
- Witnesses who can attend the new hearing
Serving the papers
Filing is not the hard part. Service of process is where self-represented cases most often come apart. The defendant has to be formally notified, you cannot do it yourself, and you must file proof that it happened on form SC-104 before the hearing. Use the sheriff, a registered process server, or any adult who is not a party to the case.
The hearing
You cannot bring a lawyer to argue for you at a California small claims hearing. Neither can the other side. That is the whole point of the forum: the rules are simplified so two people can explain a disagreement to a judge without needing representation. You may get advice from an attorney before and after, and lawyers are permitted on appeal — but on the day, it is you.
Common questions
Who can appeal a California small claims judgment?
Broadly, the defendant. A defendant who loses on the plaintiff's claim may appeal; a plaintiff who loses their own claim generally may not. If the defendant filed their own SC-120 claim and lost that, they may appeal it. The rule exists because the plaintiff chose the informal forum.
How long do I have, and what happens at the appeal?
30 days from the date the Notice of Entry of Judgment was delivered or mailed. The appeal is not a review of the first judge's reasoning — it is a brand new trial in the superior court, where you present your evidence again from the start. Unlike the original hearing, lawyers are permitted.
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.