Category Archives: Appeal

small claims court

When Can a Small Claims Plaintiff or Defendant Use an Attorney?

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In general, attorneys are not allowed to represent parties in small claims court. In nearly all cases, the parties represent themselves in a court trial. However, this does not mean an attorney cannot help a litigant in a small claims case. Here are some free attorney tips on when an individual litigant can use the services of an attorney in a small claims court case.


1. An Attorney Can Help a Plaintiff or Defendant Prepare for a Small Claims Court Trial.

A little preparation and organization can go a long way towards winning in a small claims trial. An attorney hired by a plaintiff or defendant in advance of the court trial date can help that part determine which documents or evidence are relevant and important, and which are not. read more

Form for Appeal of a Small Claims Judgment to Superior Court is Free

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Defendants who are unhappy with a small claims court judgment have the right to appeal their case to the Superior Court for a new trial called a Trial De Novo.  Although attorneys are not allowed to represent parties in most small claims court trials, attorneys are allowed (not required) in the Trial De Novos.

Here is the form a defendant needs from the California Judicial Council to appeal a small claims court judgment:

http://www.courts.ca.gov/documents/sc140.pdf

Additional Free Small Claims Court forms for many issues are available at: http://www.courts.ca.gov read more