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SMALL
CLAIMS COURT
If you are 18-years-old, you may file a claim in the Small Claims
Court. The filing fees are minimal and there are no attorneys
allowed. All disputes which have a monetary value of less than
$2,500 can be heard in Small Claims Court. You can also file a
claim once a year for $5,000. This is done by filing a declaration
stating that you have not filed more than two claims in the same
calendar year. In order to initiate a claim, you must file a claim
form. This form will contain the following:
1. Name and address of the defendant.
2. Amount and basis of the claim.
3. That the plaintiff has demanded payment when possible.
4. That the defendant has refused to pay.
A hearing will usually be set within 15 to 40 days from the date
the claim is filed. If the defendant resides outside of the county
where you filed the claim, the court will not set the matter until
30 to 70 days after the claim is filed. The defendant must be
served with the claim. This can be done by the court clerk via
certified mail, or the defendant can be personally served by using
the Marshal's office or an attorney service. If the defendant
resides within the county, service must be completed 10 days prior
to the hearing date. If the defendant lives outside the county,
service must be completed 15 days prior to the hearing date.
When filing a claim with the Small Claims Court, you must file it
in the judicial district where the defendant resides or where the
injury or property damage occurred. The court will require that
you prove you filed in the proper court. You will have to appear
at the hearing with any and all witnesses and documents which are
necessary to prove your claim or defend your case. This may
include, but is not limited to, all medical records and bills,
property damage estimates, photographs of injuries and/or property
damage, police report, and loss of earnings information. Once the
matter has been decided by the court, it will issue a judgment.
The clerk will then serve the notice of entry of judgment upon all
parties. Since you chose the Small Claims Court to file the claim,
you do not have the right to file an appeal from the judgment. The
defendant does have the right to file an appeal, but must file a
notice of appeal within 30 days from the notice of entry of
judgment. The judgment will be set aside and a new trial will be
scheduled in the Superior Court. The judgment entered by the
Superior Court will then be final. If you obtain a judgment in the
Small Claims Court and the defendant does not appeal within 30
days, you can then collect upon that judgment. This can be
accomplished by a writ of garnishment on the defendant's wages, a
writ of foreclosure upon the defendant's property, or a writ of
attachment upon the defendant's bank accounts. If defendant fails
to satisfy a judgment, sections 16250 to 16381 of the California
Vehicle Code gives you the right to suspend his driver's license
for 90 days. This only applies for damages to property in excess
of $500 or bodily injury to, or death of, any person in any
amount, resulting from the operation of a motor vehicle. You can
obtain all of the necessary documents for filing a small claims
action at your nearest courthouse.
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