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Is there any cost to appeal a small claim court ?

Palo Alto, CA |
Filed under: Lawsuits and disputes

I probably lost my case - does it cost anything to file a small claim court appeal?
I looked at form SC-140 - it has some sort of Insurer or something like that - what is that.
Also the original court is located 200 miles away, can I have an appeal at my local superior court instead ? How long can each side have to show off the evidence. Since the cost of the item is only $400 - do I need a lawyer to see my case ?

Attorney Answers 2


Here is the link to the Santa Clara superior court website for fees. It looks like it is $75.00.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Your appeal must be heard in the superior court where the small claims action was tried. It will not be moved to your local superior court.

You have as long to present the case as the judge allows -- and you should be as organized, efficient, and brief as possible. It is not possible to tell you if you should meet with an attorney about your case -- but keep in mind the amount of attorney's fees you will pay for the consultation.

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