What is small court in California?
Small Claims Court in California is a simple and affordable way for people and small businesses to settle minor disputes. Small Claims Court is part of the California Superior Court system and deals with cases where only a small amount of money is involved. This court lets people handle their cases in a simpler and cheaper way, without needing a lawyer.
Some of the key points about California Small Claims Court are:
- Money Limits: You can file a claim for up to $12,500 if you are an individual, or up to $6,250 if you are a business.
- No Lawyers: Lawyers cannot represent either side in these cases, with a few exceptions.
- Quick Decisions: Most cases are heard within 30 to 70 days after you file.
- Low Fees: Filing fees are between $30 and $75, depending on how much money you are claiming.
Who can file a Small Claims case in California?
In the state of California, anyone who is 18 or older, or emancipated minors, can file a claim in California Small Claims Court. Minors can also file claims if a parent or guardian does it for them. People use this court to settle various issues, such as collecting debts, resolving property damage disputes, or dealing with contract problems.
Small Claims Court Rules in California
In the state of California, knowing the rules of California Small Claims Court is important before you
file a claim. This court has specific rules that make it easier and faster to resolve disputes compared to
regular civil courts.
1. No Lawyers in Court (CCP § 116.530)
In California small claims court, lawyers are not allowed to represent either side during the hearing. The aim is to keep the process simple and accessible for everyone. Both parties must present their own case to the judge. However, you can get legal advice from a lawyer before your court date to help you prepare.
2. Statute of Limitations (CCP § 335–349.4)
In the state of California, the statute of limitations is the deadline for filing a claim. If you do not file your claim before this deadline, your case might be dismissed. Some of the common deadlines are:
- Personal Injury Claims: You have 2 years from the date of the injury to file your claim (CCP § 335.1).
- Property Damage Claims: You have 3 years from the date of the damage to file your claim (CCP § 338).
- Oral Contracts: You have 2 years from the date the contract was broken to file your claim (CCP § 339).
3. Types of small Claims heard in California
California small claims court handles a wide range of cases. Some common examples include:
- Unpaid debts or loans
- Breach of contract (e.g., when someone doesn’t fulfill their part of an agreement)
- Property damage (e.g., from car accidents or vandalism)
- Landlord-tenant disputes (e.g., unpaid rent or not returning security deposits)
- Personal injury (e.g., slip and fall accidents)
4. Small Claims Filing Limit in California
In the state of California, when using Small Claims Court, it is important to know the maximum amount you can claim:
- Individuals: You can claim up to $12,500.
- Businesses or other entities: The maximum claim amount is $6,250.
Filing Limitations
- An individual can file up to two claims over $2,500 in a year.
- There is no limit on the number of claims under $2,500 that an individual can file in a year.
- Businesses and corporations follow the same rules as they can file up to two claims over $2,500 per year.
5. Serving the Defendant (CCP § 116.340)
In the state of California, it is important to properly notify the person or business you’re suing. According to CCP § 116.340, you must serve them with a copy of the Plaintiff’s Claim (Form SC-100) at least 15 days before the court date if they live in the same county, or 20 days if they live outside the county. You cannot serve the papers yourself. A third party, like a process server or the sheriff, must do it.
How to File Small Claims in California Court
In the state of California, filing a claim in Small Claims Court is simple, but you need to follow the right steps to make sure your case proceeds smoothly.
Step-by-Step Guide to Filing a Small Claim
1. Determine Jurisdiction
First, figure out the right place to file your claim. Usually, you should file in the county where the person you're suing (the defendant) lives or where the issue happened.
2. Complete the Forms
Fill out the Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100). You’ll need to include:
- The defendant’s name and contact information.
- The amount of money you are claiming.
- The reason for your claim.
File the Claim
Take the completed forms to the Small Claims Court in your county and file them. You’ll also need to pay a filing fee, which depends on how much you’re claiming:
- $30 for claims up to $1,500.
- $50 for claims between $1,500 and $5,000.
- $75 for claims over $5,000.
Serve the Defendant
After filing, you must notify the defendant by serving them a copy of the claim form. You can do this by:
- Certified mail through the court (for a fee).
- Personal service by a process server or sheriff.
Properly serving the defendant is important. If you do not do it correctly, it could delay your case or even cause it to be dismissed.
Prepare for the hearing
After the defendant has been served, the court will set a date for your hearing. To get ready, you should organize your evidence, including:
- Receipts, contracts, and agreements.
- Witnesses or written statements from people who can support your case.
- Photos, videos, or other documents that help prove your side of the story.
Small Claims Court Locations in California
Every county in the state of California has a superior court that handles small claims cases. You should file your case at the small claims court in the county where the defendant lives or where the issue happened. This is important for the court to have the right authority over your case.
1. County Superior Courts
Small claims court is part of the superior court in each county. To find the right court, use the "Find My Court" tool on the California Courts website. Enter your county or city to locate the nearest courthouse.
2. Small Claims Court Locations in Major Counties:
- Los Angeles County: Small claims cases are heard at several courthouses, including the Stanley Mosk Courthouse and other regional centers.
- San Francisco County: Small claims cases are handled at the Civic Center Courthouse, located in the city center.
- San Diego County: Cases are heard at multiple courthouses, such as the Central Courthouse and other regional courts.
What happens at the Small Claims court hearing?
At the small claims court hearing, you get to present your case to the judge. Both you (the plaintiff) and the defendant will have the chance to:
- Speak and explain your side of the story.
- Show evidence to support your claims.
- Answer any questions the judge may have.
Even though small claims hearings are less formal than other court proceedings, it is important to be well-prepared and act professionally.
What to Expect in the small claim hearing:
- Arrival: Get to court early, bring all your important documents, and be ready to explain your case clearly and briefly.
- Testimony: Both you and the defendant will present your side of the story to the judge. You can have witnesses speak for you and show evidence like documents and photos.
- The Judgment: After hearing both sides, the judge will make a decision, called the judgment. The judge might give the decision right after the hearing or send it to you by mail later.
How to Enforce a Small Claims Court Judgment in California
Winning your small claims case in the state of California is just the first step. If the defendant does not pay the amount you are owed, you have a few options to collect the money:
- Wage Garnishment You can ask the court to take a part of the defendant’s paycheck until the full amount is paid.
- Bank Levy If you know where the defendant has a bank account, you can request the court to take money directly from their account.
- Property Lien If the defendant owns real estate, you can put a lien on their property. This means they can’t sell or refinance the property until the debt is paid.
Appeal Process in California Small Claims Court
In California, only the defendant can appeal a small claims court decision. If the plaintiff loses, they cannot appeal. To appeal, the defendant must file within 30 days of the judgment. The case will then be reviewed again in the Superior Court, where a fresh look at the evidence will be taken.
Do You Need a Lawyer for Small Claims Court?
In California Small Claims Court, lawyers cannot represent you during the hearing. This makes the process easier and more affordable. However, you can still talk to a lawyer before the hearing for legal advice, help with preparing your case, or assistance with filing paperwork.
Benefits of California Small Claims Court
- Cost-Effective: Small filing fees and no need for lawyers make it an affordable way to resolve disputes.
- Time-Saving: Cases are usually settled faster than in regular civil court.
- User-Friendly: The simple process is easy for people without legal training to handle.
Alternatives to Small Claims Court in California
Small Claims Court is great for many issues, but other options might be better in some cases:
- Mediation:A neutral person helps both sides agree on a solution without going to court.
- Settlement Negotiations: Talking directly with the other party to reach a deal before going to court can save time and money.
Conclusion
California Small Claims Court provides a quick, affordable, and easy way to handle disputes involving smaller amounts of money. Whether you need to resolve issues like unpaid debts, property damage, or a contract dispute, the process is designed to be simple. By following the right steps, getting ready for your hearing, and knowing how to enforce the judgment, if necessary, you can confidently manage your small claims case and achieve a good result. For more information, check out the California Courts Small Claims Self-Help page and if you are thinking about filing a small claims case, check out our full guide on Small Claims Filing California
