Small claims court · after the judgment
Lost? Here's what a second try costs.
Pick your state and whether you sued or were sued, and see what it costs to file an appeal — cited to that state's own appeal filing fee statute or court fee schedule.
Appealing this judgment in California costs $75.00 upfront for a full new trial.
Only the defendant can appeal a small claims judgment in California — the plaintiff has no right to appeal a loss on their own claim (Cal. Civ. Proc. Code §116.710), though a plaintiff can appeal if the defendant filed a counterclaim and won on it. A defendant's appeal gets a full new trial in superior court, not just a paper review.
Source: Cal. Civ. Proc. Code §116.760(a)
Covers the cost to file the appeal itself — not attorney fees, additional service costs, or (in states with a full new trial) the cost of trying the case a second time. Informational only, not legal advice; confirm current fees and deadlines with your court clerk before filing.
How this is calculated
Last reviewed: September 2026
Two shapes: a new trial, or a paper review
California and North Carolina send an appealed small claims case to a full new trial — a completely fresh hearing in front of a judge (or, in North Carolina, a jury), as if the small claims trial never happened. Florida and New Jersey instead send the case to a higher court for review of the existing record, the way an ordinary civil appeal works — no new trial, just a legal review of what already happened.
North Carolina's fee is a cost difference, not a line item
North Carolina doesn't charge a separate "appeal fee." Magistrate court and district court run on different standard court-cost schedules, and appealing simply means paying the difference between them — $50 more General Court of Justice fee and $4 more facilities fee, $54 total, on top of what you already paid at the magistrate level.
What this doesn't cover
- The cost of the new trial itself. In California and North Carolina, an appeal means retrying the whole case — potentially new service costs, witness expenses, or attorney fees on top of the appeal filing fee shown here.
- Bonds or stays of enforcement. Some states let a defendant post a bond to pause collection while an appeal is pending; that bond amount depends on the judgment itself and isn't modeled here.
- New York, Pennsylvania, Washington, and Michigan. Each is excluded for a different reason — see the FAQ below.
States currently covered
California, Florida, North Carolina, New Jersey. More states are added on an ongoing basis.
Frequently asked questions
Is this the only cost of appealing?
No — this covers the fee to file the appeal itself. In California and North Carolina, an appeal gets you a full new trial, which can mean paying for service, witnesses, or an attorney a second time. In Florida and New Jersey, the appellate court reviews the existing record rather than re-trying the case, so the costs are more contained, but you may still need a transcript.
Why can't a California plaintiff appeal?
California deliberately makes small claims a one-shot deal for the plaintiff — you chose the informal, no-lawyers forum, so you don't get a second bite if you lose. The defendant doesn't make that same trade-off (they didn't choose to be there), so the law gives them a right to a full new trial that the plaintiff doesn't have, except in the narrow case of appealing a defendant's counterclaim.
Do I get New Jersey's $300 deposit back?
Yes, if you win the appeal — it's refunded. If you lose, it's applied toward settlement or court costs instead. Either way, you need the full $550 (the $250 filing fee plus the $300 deposit) available upfront to file.
Why aren't New York, Pennsylvania, Washington, and Michigan included?
Each hit a different wall during sourcing. New York's real appeal cost driver is a court-reporter transcript fee that no source publishes a typical rate for — the opposite of a number this site would show. Pennsylvania's and Washington's appeal-anchoring fees are set locally, county by county, not by a single statewide statute. And no court source found for Michigan states a specific dollar fee for its magistrate-to-judge appeal step — silence isn't confirmation that it's free, so nothing is shown rather than a guess.
Related tools
See exactly what it costs to file a small claims case, by state — cited to your court's own fee schedule.
Open tool →Total Cost to Sue CalculatorThe full out-of-pocket cost to sue in small claims court — filing fee plus service of process, added together and cited to each court's own fee schedule.
Open tool →Small Claims Limit CheckerSee whether your claim qualifies for small claims court and what the dollar limit is, by state and by plaintiff type — individual or business.
Open tool →