What is small claims court in California?

First, what is small claims?

Small claim is when a person (plaintiff) is suing another person (defendant) for money. California requires that the plaintiff who is suing another individual is seeking $10,000 or less in a claim. In California, small claims court disputes are usually handled quickly and inexpensively. In a small claims case the person does not hire an attorney and the case is heard by a judge who hears both the plaintiff and defendant’s version of the incident. California also has some other requirements. One such requirement is who can file.

Small claims court in California requires a person who is 18 or older can file a small claim. If it is someone younger, then 18 you can appoint a guardian-ad-litem who will act on the minor’s behalf. The person that is suing can be an individual or a corporation. When a corporation is filing a claim it needs an employee or officer/director to act on its behalf. The court also requires certain actions by the plaintiff and the defendant.

Here are some requirements that need to be met by the plaintiff and usually the defendant as well to file a small claim.

• First, the plaintiff first needs to contact the defendant and try to resolve the problem or an alternative dispute resolution. The court usually wants effort on each party to try to resolve the issue before it comes in front of the judge.
• Two, since the plaintiff and the defendant are not represented by an attorney they both need to learn how the small claims procedure works and the time limits.
• Third, plaintiff needs to determine how much she/he is seeking. An amount $10,000 or less must be determined before the plaintiff can file a claim.
• Fourth, in order to file a claim an individual must file a claim form. This form is called the Plaintiff’s Claim and Order to Go to Small Claims Court Form SC-100. In order for a business to file a claim the business must file an Authorization to Appear form (SC-109).
• Fifth, the plaintiff and the defendant must prepare their documents that they want to show to the court, example: photographs and witness statements. These documents are usually called evidence and is needed to prove one’s case.
• Sixth, both the plaintiff and the defendant must attend the hearing and present their case.

It is also very important to note that unlike an unlimited case or a criminal case you cannot appeal from a ruling by the judge in a small claims case. So it is important that both parties gather all relevant evidence and present their case to the best of their abilities.

Where do you file?

There are several places that you can file your claim. The court that you will chose to file your claim usually is where the defendant lives or does business or where the accident happened or where the contract was entered into. Every county and district has a small claims court. The small claims court in California has several locations such as Los Angeles County and Orange County. A person can call a court to find out one that is closest to them and to confirm that they can file their case in that county.