1. What Is California Small Claims Court?
California Small Claims Court is a division of the Superior Court that handles disputes involving monetary claims under specific limits. It provides a simplified legal process for individuals and small businesses to resolve minor disputes without the need for legal representation.
2. Monetary Limits for California Small Claims Court
Individuals
- Maximum claim amount: $10,000.
Businesses and Entities
- Maximum claim amount: $5,000.
Exceptions
- Individuals can file only two claims over $2,500 in a calendar year.
- There is no limit on the number of claims under $2,500.
3. Who Can File a Claim?
Eligible Plaintiffs
- Individuals: Residents of California or those with disputes occurring in California.
- Businesses: Must be properly registered to operate in California.
Ineligible Plaintiffs
- Individuals under 18 years old unless represented by a guardian.
4. What Types of Cases Are Handled?
Allowed Claims
- Unpaid debts: Loans, invoices, or wages.
- Property damage: Vehicle repairs or negligence-related damages.
- Breach of contract: Disputes over unfulfilled agreements.
- Landlord/tenant disputes: Security deposit refunds or minor property damage.
Prohibited Claims
- Claims exceeding the monetary limits.
- Family law disputes (e.g., child custody, spousal support).
- Claims requiring injunctive relief (e.g., restraining orders).
5. Filing a Claim: Step-by-Step Process
Step 1: Determine Jurisdiction
File your claim in the Superior Court of the county where:
- The defendant lives or conducts business.
- The incident occurred.
Step 2: Prepare Your Case
Gather necessary documents, such as:
- Contracts or agreements.
- Receipts or invoices.
- Photos or videos of damages.
Step 3: Complete the Forms
- Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100): Provides details of your case.
- Proof of Service (Form SC-104): Documents how and when the defendant was served.
Step 4: File Your Claim
- Submit the forms in person or by mail to the appropriate courthouse.
- Pay the filing fee, which ranges from $30 to $75, depending on the claim amount.
Step 5: Serve the Defendant
- Use certified mail, a process server, or the sheriff’s office to serve the claim.
- Service must be completed 15 days before the court date (20 days if the defendant is outside the county).
Step 6: Attend the Hearing
- Present your case with evidence and witnesses.
- Be prepared to answer questions from the judge.
6. Legal Representation Rules
- Plaintiffs and Defendants: Attorneys are not allowed to represent either party in Small Claims Court.
- Corporations: May be represented by an employee or officer, but not an attorney.
7. Appeals in Small Claims Court
- Only defendants can appeal a decision.
- Appeals must be filed within 30 days of the judgment.
- Appeals are heard as a new trial (trial de novo) in the Superior Court.
8. Enforcement of Judgments
Steps to Collect
- Request the defendant to pay voluntarily.
- File for wage garnishment or a bank levy if the defendant refuses to pay.
- Place a lien on the defendant’s property if necessary.
9. Frequently Asked Questions (FAQs)
1. Can I file multiple claims in California Small Claims Court?
Yes, but individuals can only file two claims over $2,500 in a calendar year.
2. How long does it take to resolve a small claim?
Most cases are resolved within 1–3 months, depending on court schedules.
3. Can I have a lawyer assist me outside of court?
Yes, you can consult a lawyer for advice, but they cannot represent you in court.
4. What happens if the defendant doesn’t appear in court?
The court may issue a default judgment in favor of the plaintiff.
5. Can I recover court costs if I win?
Yes, filing and service fees can typically be included in the judgment.
10. Tips for Success in California Small Claims Court
- Be Prepared: Organize your evidence and rehearse your presentation.
- Arrive Early: Ensure you have ample time to check in and prepare for your hearing.
- Be Professional: Address the judge respectfully and stick to the facts.
- Follow Deadlines: File and serve your documents on time to avoid delays.
- Consider Settlement: Resolve disputes amicably before the court date to save time and costs.
11. Conclusion
California Small Claims Court provides a practical and cost-effective way to resolve disputes. By understanding the rules, preparing your case thoroughly, and adhering to court procedures, you can navigate the system with confidence. For more information, visit the California Courts Small Claims website.