California Small Claims Information
- If someone owes you money, consider small claims court.money image by Horticulture from Fotolia.com
California small claims court judges resolve many kinds of disputes, but all of them involve money. The most common types of disputes are landlord/tenant security deposit issues, and damage claims arising from automobile accidents, property damage and debts. You cannot bring criminal matters or requests for injunctions or restraining orders. - An individual can bring a case asking for up to $7,500, while a company is limited to $5,000. You can file as many cases as you like for $2,500 or less, but only two cases a year for over that amount. The fee for filing the first complaint is $30 but it goes up for litigants who file numerous complaints during the same year.
- A lawyer cannot represent you in small claims court. While it is permissible to hire a lawyer to assist you with the paperwork, she cannot speak for you in court. California small claims procedures are kept simple to enable individuals without legal training to resolve small disputes.
- A small claims action begins with a form complaint which you can get in California from the court or online. You write out in plain English the facts about the dispute. You must be sure to serve the parties on the other side with a copy of the complaint within the time period the court gives you. Both sides appear in court the day set for hearing with any evidence or witnesses.
- The court will aid the winning party in enforcing the judgment.marteau image by photlook from Fotolia.com
In California, a small claims court judge or an attorney (called a judge pro tem) hears both sides and makes a decision. She may tell you the decision right after you present your case, or it may come in the mail. If the person who brought the case loses, he cannot appeal. A losing defendant can appeal the case to the municipal court, where it will be heard all over again.
