The judge believed your former landlord. In Taiwan's small claims procedure, that complaint alone will not open an appeal. Appeals there are allowed only for a violation of law. The clock has its own condition. If you live in the United States and have no litigation agent residing where the court sits who could file in time, the 20-day appeal period is extended by a 44-day travel allowance.
Our column Owed NT$100,000 or Less in Taiwan covers which claims go to small claims, the fees and mediation.
What the appeal court will look at, and what it won't
A first-instance small claims judgment can be appealed to the district court's three-judge panel, but only on the ground that it violates the law (Code of Civil Procedure Article 436-24). Violation of law means failing to apply a rule or applying it wrongly (Article 468). The notice of appeal must identify the provision, explain how it was violated, and point to facts in the record that show it (Article 436-25).
Missing reasons will not carry an appeal. A small claims judgment may set out only its operative orders, adding the gist of the reasoning on disputed points where needed (Article 436-18). Of the automatic grounds in Article 469, only items 1 to 5 (court composition, recusal, jurisdiction, representation, public hearing) apply to small claims appeals (Article 436-32(2)). Item 6, missing or contradictory reasons, does not.
A Keelung District Court ruling from September 2025 shows the line in practice. The appellant described the traffic accident and why he had missed the hearing, without naming any provision. The hearing notice had been served by deposit with the local authorities at the same address he gave on appeal, effective ten days after deposit (Article 138(2)), so the court found the default judgment lawful and rejected the appeal (ruling of September 23, 2025).
The ground that does work: notice
Notice is the ground that fits most clearly. A court may not rule on one side's argument alone if the absent party was not lawfully notified in good time (Article 386, item 1).
One Taoyuan District Court judgment of September 2025 shows it working. The first-instance court had sent the defendant's hearing notice to the plaintiff's own litigation agent, then ruled when only the plaintiff appeared. The appeal court held the appeal admissible. It then heard the merits itself, struck repair items that did not match where the cars collided, and cut the award from NT$52,089 to NT$33,887 (judgment of September 30, 2025).
That second step cuts both ways. In December 2024 the New Taipei District Court agreed that the lower court had ruled without lawfully notifying a defendant who was in prison, yet dismissed his appeal because the loan claim against him was valid (judgment of December 25, 2024). The provision that lets an ordinary appeal court send a case back for a serious procedural defect, Article 451, does not apply to small claims appeals. Winning on notice gets you a hearing on the merits, not a fresh start below.
Filing from abroad
An appeal must be filed within the fixed 20-day period after service (Article 440, applied by Article 436-32(2)). When a party does not live where the court sits, travel time is deducted in counting statutory periods (Article 162). The Judicial Yuan's standard on travel periods, Article 3, sets 44 days for North America, Europe, South America and Oceania, 37 for Asia, and 72 for Africa and Antarctica. Twenty plus forty-four is sixty-four.
There is a catch. If you have a litigation agent living where the court sits who could file within the period, no travel time is deducted (Article 162(1), proviso). The day of service is not counted (Civil Code Article 120(2)), and a last day falling on a Sunday or other rest day rolls to the next day (Article 122, with Article 161 of the Code of Civil Procedure).
Courts count strictly. In March 2026 the Shilin District Court threw out an appeal by a party living in New Taipei that came one day after the deadline of 20 days plus two days of domestic travel time (ruling of March 25, 2026).
You also need someone in Taiwan to receive court papers. An appellant with no place for service in Taiwan must appoint an agent for service there (Article 133(2)); without one, the court may order service by public notice on its own motion (Article 149(5)).
After the appeal is filed
You cannot change or add claims, or bring a counterclaim (Article 436-27). New arguments and evidence are barred unless the lower court's own violation of law kept you from presenting them (Article 436-28). An appeal that is plainly unfounded on its face may be decided without oral argument (Article 436-29). The decision is final (Article 436-30), and once an appeal is dismissed as unfounded, the same ground cannot be reused for a retrial (Article 436-31). For claims of NT$100,000 or less, the appeal court fee is NT$2,250 (Judicial Yuan fee table, checked October 21, 2026).
In the Keelung case, a notice that retold the accident without naming a provision ended the appeal there.
How to instruct a Taiwan lawyer while overseas is covered in Instructing a Taiwan Lawyer From Outside Taiwan. Hovering International Law Firm can be reached at wei@hoveringlaw.com.tw. Taichung office: 6F-1, No. 19, Guanqian Rd., North Dist., Taichung City 40453 (40453 臺中市北區館前路19號6樓之1).
Official sources
Checked October 21, 2026.
- Code of Civil Procedure (民事訴訟法), Articles 133, 138, 149, 161, 162, 386, 436-18, 436-24, 436-25, 436-27 to 436-32, 440, 451, 468 and 469.
- Civil Code (民法), Articles 120 and 122.
- Standard of Travel Periods for Court Litigants (法院訴訟當事人在途期間標準), Article 3 (amended June 29, 2018).
- Judicial Yuan civil court fee table.
- Judicial Yuan judgment database: Keelung District Court 114 Xiao Shang No. 27 (September 23, 2025); Taoyuan District Court 114 Xiao Shang No. 37 (September 30, 2025); New Taipei District Court 113 Xiao Shang No. 231 (December 25, 2024); Shilin District Court 115 Xiao Shang No. 30 (March 25, 2026). Small claims appeal decisions cannot be further appealed (Article 436-30).
Frequently Asked Questions
- The judge believed the other side. Can I appeal a Taiwan small claims judgment on that basis?
- Generally not. A small claims judgment can be appealed only on the ground that it violates the law (Code of Civil Procedure Article 436-24(2)), meaning a rule was not applied or was applied wrongly (Article 468). The notice of appeal must name the provision and the facts showing the violation (Article 436-25). A judgment that states only its orders is allowed (Article 436-18), and missing reasons are not among the automatic grounds that apply to small claims appeals (Article 436-32(2), applying only items 1 to 5 of Article 469).
- I never received notice of the hearing, and the court ruled after hearing only the other side.
- A court may not give a default judgment if the absent party did not receive lawful notice in good time (Article 386, item 1), and that can support an appeal for violation of law. But the small claims appeal court decides the case itself rather than sending it back, so if the claim is sound the result may not change.
- I live in the United States. When is my appeal due?
- The appeal period is 20 days from service (Article 440, applied by Article 436-32). A party who does not live where the court sits has travel time deducted when the period is counted (Article 162); the Judicial Yuan sets 44 days for North America. No deduction applies if you have a litigation agent living where the court sits who could file the appeal in time.
This article provides general information and is not legal advice on any individual matter.
