California Small Claims

Sherrie Bennett

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Sometimes the cost of hiring a lawyer is more than the amount of money that is owed to you. Small claims court can be a quick and inexpensive way to collect money that would otherwise go unpaid. The court procedures are informal, not intimidating. And a judge, instead of a jury, usually decides the case.

Who Can Sue and Be Sued?

Any individual may bring a small claims suit for the recovery of money when the amount requested is $7,500 or less; a corporation or other entity is limited to claims of $5,000 or less. So if the amount you're owed is $9,000, for example, you may want to cut your loses and go after only $7,500 of it, in order to sue in small claims court. Attorneys are not allowed.

Where Do I File a Small Claims Case?

You should file a small claims case in the Superior or Municipal Court of the county where the party being sued (the "defendant") lives or, in the case of a traffic accident, in the court division where the accident occurred. If your case involves a landlord-tenant dispute, you can bring the case where the home or apartment is located. The clerk of the court should be able to determine whether the address is within the boundaries of that court.

Dispute Resolution Services

Before filing a small claims case, the parties are encouraged to try to resolve their differences. Free or low-cost services may be available through the court or local legal clinics. For more information, contact your local court.

How Much Does It Cost?

Filing fees start at $30 and are dependent on the size of your claim and the number of claims filed within the past 12 months. You may also have to pay to have the court, the sheriff's office or a local process server deliver notice of the claim to the defendant. When you file the claim, the clerk of the court can tell you what service options are available.

What Happens at Trial?

The trial in small claims court is between you and the defendant. Both parties must prepare their cases and bring those witnesses or other evidence (such as documents, records, photographs or drawings) to court to support their claims or defenses. Witnesses must have personal knowledge of the facts about which they are asked to testify. Documents, records, photographs and drawings must be identified and explained by a person with personal knowledge of them.

If the defendant does not appear at trial, you will be granted a "default" judgment for the amount of your claim, plus your filing filing and service costs. If you fail to appear at trial, the judge will dismiss your claim.

How Do I Collect the Judgment?

If the court enters a judgment against either party, it is that party's duty to pay without delay. The small claims court does not collect the judgment for you. But if the judgment is not appealed or paid within 30 days, you can start trying to collect the judgment by garnishing wages or bank accounts, or trying to locate the personal property of the person who owes the judgment.

How Do I Appeal a Judgment Against Me?

Any appeal must be filed within 30 days of the time the judgment is entered. If you disagree with the court's decision on the other party's claim, you may appeal it. But you cannot appeal the court's decision on your own claim. Detailed instructions for filing a small claims appeal are available from the clerk of the court.

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