Small Claims
Post date: Mar 16, 2017 6:38:13 AM
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. You are not allowed to have a lawyer represent you at the hearing in small claims court. But you can talk to a lawyer before or after court.
You can sue in small claims court if you are:
At least 18 years old, OR
An emancipated child.
If you are not mentally competent, or you are under 18 years old (and not emancipated), a judge must appoint a "guardian ad litem" to represent you in small claims court. A guardian ad litem is an adult appointed by the court to represent you ONLY in the case in question.
Checklist — If You Are Suing
Talk to the person or business you are thinking about suing. Try to work things out before going to court. You can also write a “demand letter” that asks the person or business in writing what you are asking for. Get help with a demand letter.
Try mediation or other alternatives to lawyers and courts. You can try mediation throughout your case, even if it does not work now.
Consider if going to court can give you what you want. If you win in court, the court cannot collect the money for you. Is the person you are suing able to pay? If you want to sue a neighbor because the neighbor behaves badly, will suing make the neighbor behave better? Courts cannot force good behavior. Will the time and money it takes to go to court be worth the likely outcome? Ask yourself these questions before filing your claim so you do not find yourself worse off after suing than if you did not sue at all.
Learn about how small claims court works. Go to the courthouse and watch a small claims hearing. That way you will know what to expect. Read this website, get help from your court's small claims advisor and use the different resources this website gives you.
If you decide to go to court, follow these steps:
After your hearing, read what to do on the Plaintiff's Post-Hearing Checklist.
Checklist - If You Are Being Sued
Talk to the person or business you are thinking about suing. Try to work things out. If you owe the other person money, pay it or try to work out a payment plan before the court date.
Try mediation or other alternatives to lawyers and courts. You can try mediation throughout your case, even if it does not work now.
Learn about how small claims court works. Go to the courthouse and watch a small claims hearing. That way you will know what to expect. Read this website, get help from your court’s small claims advisor, and use the different resources this website gives you.
Decide if you want to sue the person who is suing you. If you do, learn how to file a defendant's claim.
After your hearing, read what to do on the Defendant's Post-Trial Checklist.
Find the Right Court to File Your Claim
Every county in California has a small claims court. You have to figure out which county's small claims court is the right court for your claim. You will file your claim in this court. If you file your claim in the wrong court, the court may dismiss your case and you will have to refile in the correct court. If the time to file your case (the statute of limitations) has run out, you may end up losing your case. So it is very important you file in the right court and not lose time.
If you know the right court to use, you are ready to Fill Out Your Court Forms. If you need to figure out which court to file your claim in, talk to the small claims legal advisor. You will save yourself and the other side a lot of trouble and even money if you carefully choose the court in which you file your claim. The small claims legal advisor can help you do this right.
In general, you can file your claim in the court where the defendant lives or does business. But there are some exceptions to this rule. For more help, click on the question below that fits your case:
What if I am suing because I am a seller and someone owes me money for a consumer purchase?
What if I am suing because I bought something or I paid for a service?
What if none of these questions fits my case or I am not sure what to do?
Keep in mind that the law is complicated and even if you think your case fits into one of these exceptions, it may not. Talk to the small claims legal advisor to make sure you know which court to file your case in.
What if I am suing because of a car accident?
You can file your claim in the county where the accident happened, or in the county where the defendant lives.
What if I am suing because of a contract?
You can file in the county where you signed the contract, where the contract was broken, or where the contract was to be carried out. You can also file where the defendant lived or worked when you signed the contract.
What if I am suing because I am a seller and someone owes me money for a consumer purchase?
You can sue in the county:
Where the buyer lives;
Where the buyer lived when he or she made the purchase;
Where the buyer made the purchase; or
Where the item purchased is located.
What if I am suing because I bought something or I paid for a service?
You can file your claim in the county:
Where you (the buyer) lives;
Where you (the buyer) lived when the item or service was purchased; or
Where you (the buyer) bought or paid for the item or service.
You can file in any of these locations if you bought something from a seller as a result of an unsolicited telephone call or e-mail from the seller to you, including situations where you, as the buyer, responded to the seller’s call by phone or e-mail.
What if I am suing my credit card company?
You can file your claim in the county:
Where you live;
Where you lived when the contract/application for the credit card was signed; or
Where you signed the contract/application with the credit card company.
You can file in any of these locations if you entered into a contract with a credit company as a result of an unsolicited telephone call from the company to you, including situations where you, as the buyer, responded to the company’s call by phone or e-mail.
What if none of these questions fits my case or I am not sure what to do?
Get help from the California Department of Consumer Affairs' website. You can also contact your court's small claims legal advisor for help.
Small Claims - Frequently Asked Questions
Q: How much will a process server cost?
Q: Can I get the defendant to pay the cost of a process server?
Q: What out-of-pocket costs can I get back from the debtor and how do I collect them?
Q: I am a landlord. Can I send my property agent to represent me at the trial?
Q: How do I calculate the 10 percent interest that the creditor is entitled to on the unpaid portion of the judgment?
Q: Can I collect against the wages of the debtor's spouse or domestic partner if that person was not a defendant in my case?
Q: What happens to my security deposit if the rental property is sold while I still live there?
Q: What happens to the security deposit if only 1 roommate is moving out?
Q: What do I do if I cannot find the debtor (the person who owes me money)?
Q: Can a contractor sue a homeowner?
Q: What if my licensed contractor cannot pay?
Q: What can I do if the debtor is supposed to pay me in installments but has stopped paying (or never paid)?
Q: What can I do if I have a court order that lets me pay in installments and the judgment creditor has asked to cancel that payment plan?
Q: If I renew my judgment what happens to the liens?
Visit California Courts website regarding Small Claims for more self-help assistance.