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For small disputes, the California Judicial System has the "Small Claims Court" Division where citizens can go in front of a California Judge to present their claim. Sometimes called “the people’s court,” small claims court is for cases involving claims of less than $7,500.
Cases can be decided quickly and economically in small claims court where hearings are informal and you do not need a lawyer. In fact, you must have special permission from the judge to bring a lawyer with you to small claims court.
What
is small claims court?
Who
can sue in small claims court?
How
much money can I ask for?
Do
I have to pay to file?
Can
I bring a lawyer?
How
long do I have to wait to go to court?
What
kinds of cases go to small claims court?
What
will happen at my hearing?
Can
I appeal the judge's decision?
How
do I file an appeal?
What
happens if someone else appeals?
When
is it too late to file a claim?
Do
I have to go to court?
Who
goes to court when a business is sued?
What is small claims court?
Small claims court is a special
court where disputes are resolved quickly and inexpensively. The rules are
simple and informal. The person who sues is called the plaintiff.
The person who is sued is called the defendant.
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Who can sue in small claims
court?
Any mentally competent person who is:
If you are:
- not mentally competent, OR
- under 18 years old (and not emancipated),
a judge must appoint an adult called a guardian
ad litem litem to represent you in small claims court.
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How much money can I ask for?
An individual cannot ask for
more than $7,500 in a claim. Corporations and other entities (like,
government entities) cannot ask for more than $5,000. You can file as many
claims as you want for up to $2,500 each. But you can only file 2 claims
in a calendar year that ask for more than $2,500.
You can only sue a guarantor for up to $4,000 ($2,500 if they don't
charge for the guarantee). A "guarantor" is a person who promises to be
responsible for what another person owes.
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Do I have to pay to file?
Yes. The fee is based on the amount
of your claim and the number of claims you have filed in the past 12
months:
If you have filed 12 or fewer claims in the past 12 months:
| Amount of your claim: |
Filing Fee |
| $0 to $1500 |
$30 |
| $1500.01 to $5,000 |
$50 |
| $5000.01 to $7,500 |
$75 |
If you have filed more than 12 claims in the past 12 months, the filing
fee is $100 (for any claim amount).
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Can I bring a lawyer?
No, a lawyer can't represent you in
court. But you can talk to a lawyer before or after court.
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BHOW long do I have wait go to court?< b>
You will go to court
between 20 and 70 days after you file your claim.
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What kinds of cases go to small claims court?
There are
different kinds of cases. The most common are: car accidents, property
damage, landlord/tenant rent deposit disputes, and collection of money
owed.
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What will happen at my hearing?
The judge will listen to both
sides of the story. To help tell your side, bring evidence like:
- Witnesses
- Photos
- Bills
- Receipts
- Contracts
- Other relevant documents that support your side
The judge may make a decision at your hearing, or mail it to you later.
Instead of a judge, you may have a commissioner or temporary judge at your
hearing. They are both just like judges. A temporary judge (called a
"judge pro tem" or "judge pro tempore") is a lawyer who hears and decides
cases. If you don't want a temporary judge, you can ask the court to have
a judge hear your case. You may have to come back another day.
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Can I appeal the judge's decision?
You can't appeal if you
were the one who filed the claim. If someone else files a claim against
you and you lose, you can appeal.
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How do I file an appeal?
If you were at the hearing, you must
file a form called "Notice of
Appeal." You have 30 days to do this after the date the clerk
mails the Notice of
Entry of Judgment. The current cost to file a Notice of Appeal is $93.
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What happens if someone else appeals?
You'll have a new
hearing. You'll have to bring your evidence and tell your side of the
story again. This time, you can bring a lawyer to represent you.
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When is it too late to file a claim?
It's not easy to figure
out if it's too late to file. If you're not sure, file your case and let
the judge decide.
Here are some tips:
- If you are suing because you got hurt, you can file a claim
for up to two years after you were hurt.
- If you are suing because a spoken agreement was broken, you
have 2 years to file after the agreement was broken.
- If you are suing because a written agreement was broken, you
have 4 years to file after the agreement was broken.
- If you are suing because your property was damaged, you have
3 years to file after your property was damaged.
- If you are suing because of fraud, you have 3 years to file
after you find out about the fraud. Fraud is when you lose money because
someone lied to you or tricked you on purpose.
- If you are suing a government or public agency, you have 6
months to file a claim with that agency. They have 45 days in which to
make a decision. If no decision is made with 45 days then it is deemed
denied. If they reject your claim, you have 6 months to file a claim
with a small claims court.
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Do I have to go to court?
If you're suing someone, you must
go to court. You can't send anyone else (even a lawyer) to represent you
in court.
But there are some exceptions. For example:
- You may not have to go to court if: (1) you are serving on active
duty in the armed forces, (2) you were assigned to your duty station
after your claim arose, and (3) your assignment is for more than six
months.
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Who goes to court when a business is sued?
- If you are the only owner of a business, you must go to court unless
the claim can be proved by evidence of a business account in which case
a regular employee with knowledge of that account may represent you.
- If you have a partner, one of you must go.
- If the business is a corporation, an employee, officer, or director
must go to court. That person can't be hired just to represent the
corporation.
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