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If I lose, can I take the case to a higher court?
Only defendants can "appeal" or ask a higher court to hear the case. So, if you are the plaintiff, you cannot appeal - unless the defendant files a Claim of Defendant (see #6) against you, and you lose this case. If you believe that the judge has made a "clerical error," be sure to tell the small claims court clerk. For example, the amounts due you may have been added incorrectly.
You must file an appeal with the clerk in municipal or justice court within 20 days after the notice of the decision is mailed.
You also must pay certain fees. The superior court then will hear your case all over again. In this court, both you and the plaintiff may have lawyers to represent you.
A word of caution: If you lose an appeal in a higher court, you may be ordered to pay the judgment plus interest, costs involved and the plaintiff's attorney's fee up to $15. You may even have to pay
up to $1,000 in attorney's fees if the judge decides your appeal
had no real basis and was not brought in good faith.
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