Either party can appeal a decision in small claims court. You should consider whether the amount at stake in your case is worth the cost of filing an appeal.
When to file an appeal
The appeal must be filed in the Appellate Division of Superior Court within 45 days of the court’s decision.
Do I need a lawyer to file an appeal?
You do not have to have a lawyer to appeal your case, however, the appeals process can be confusing and it is a good idea to get a lawyer if you can.
Things to think about before representing yourself in court
Steps to file an appeal
- File a Notice of Appeal.
- Request a transcript of your case from the Appellate Division. You must have the official transcript in order for your appeal to be considered.
- Complete a Case Information Statement.
Download appeals forms and instructions
Filing Fees
- $250 must be submitted with the Notice of Appeal. This is the cost of the appeal.
- $300 must be submitted with to the clerk of the Appellate Division within 30 days of filing the Notice of Appeal. This will be refunded if you win your appeal. If you lose your appeal, the money can be used to pay settlement or court costs.
- Transcript fee. Once you request a transcript, you will be contacted with the estimated cost.
Do you qualify for a fee waiver ?
If you received a fee waiver in your small claims case, you can attach a copy of the order and a signed letter that says your finances have not changed since the case was filed.
If you did not receive a fee waiver in your small claims case, you can submit a request for a fee waiver with your appeal.
Mail or deliver your appeals documents to:
Send copies of your appeals document to:
- All parties in the case who appeared in court
- The local Superior Court office that handled your small claims case
- The judge who decided your small claims case
Keep a copy of each document for yourself.
Questions about your appeal?
Call the at .