1. Understanding Small Claims Court in San Bernardino County
Small Claims Court is designed to resolve disputes quickly and inexpensively, with simplified rules and procedures. In San Bernardino County, individuals can file claims for amounts up to $12,500, while businesses and other entities are limited to $6,250. Sole proprietors are treated as individuals for claim limits.
2. Eligibility Criteria
- Age Requirement: You must be at least 18 years old to file a claim. Minors require a guardian ad litem to file on their behalf.
- Claim Ownership: You must be the original owner of the claim; assigned claims are not permissible in Small Claims Court.
- Pre-Filing Demand: Before filing, you must have made a demand for payment or property return, which was refused by the defendant.
3. Steps to File a Small Claim
Step 1: Determine the Appropriate Venue
File your claim in the correct court location based on:
- Where the defendant lives or conducts business.
- Where the dispute occurred.
Filing in the wrong venue may result in dismissal.
Step 2: Complete the Necessary Forms
- Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100): Available for free at California Courts Forms.
- Authorization to Appear (Form SC-109): Required if a corporation or other entity is filing the claim.
Step 3: File the Claim
- In-Person Filing: Submit forms at the appropriate courthouse.
- E-Filing: San Bernardino County offers e-filing through approved electronic filing service providers (EFSPs). Visit Small Claims eFiling for more information.
Step 4: Pay Filing Fees
Fees are based on the claim amount:
- Claims for $1,500 or less: $30.
- Claims from $1,500.01 to $5,000: $50.
- Claims from $5,000.01 to $10,000: $75.
- Persons or businesses who have filed more than 12 claims in California in the previous 12 months: $100.
Step 5: Serve the Defendant
Legally notify the defendant by serving them with a copy of the filed claim. This can be done via:
- Certified Mail: Service by the court for a fee of $15 per defendant.
- Sheriff or Process Server: Fees vary; contact local providers for rates.
Step 6: Prepare for the Hearing
- Gather Evidence: Organize documents, photos, contracts, and any relevant materials.
- Witnesses: Arrange for witnesses to attend if their testimony supports your case.
Step 7: Attend the Hearing
- Presentation: Clearly and concisely present your case to the judge.
- Outcome: The judge may issue a decision at the hearing or mail it to you afterward.
4. Post-Hearing Procedures
- Judgment Collection: If you win, the defendant is obligated to pay the judgment. If they fail to do so, you may need to take additional steps to collect, such as wage garnishment or property liens.
- Appeals: Only the defendant can appeal the judgment, and must do so within 30 days of the mailing of the Notice of Entry of Judgment.
5. Resources and Assistance
- Small Claims Advisor: For procedural assistance, contact the Small Claims Advisor:
- Phone: (909) 708-8606 or (800) 634-9085
- Email: smallclaims@sb-court.org
- Workshops and Self-Help Centers: San Bernardino County offers resources to assist self-represented litigants. Visit Small Claims Self-Help for more information.
Conclusion
Filing a small claim in San Bernardino County involves understanding eligibility criteria, completing necessary forms, and following specific procedures. Utilizing available resources can help you navigate the process effectively and increase the likelihood of a favorable outcome.
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