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Take 'em to Court: Suing in California Small Claims Court

Jessica Zimmer, Tiffany Knight and Megan Kellie - Oct 2007

With almost 4,000 small claims filed each day in the Los Angeles area alone, small claims court is a well-used legal tool. Specifically designed with the average citizen in mind, the court lets everyday people resolve their disputes quickly, easily and best of all, inexpensively.

What are the most common type of small claims suits? Property damage, breach of contract and business disputes, defective product or unsatisfactory service, landlord-tenant disputes, fraud, accidents and personal injury, and unpaid debts. If you have one of these problems you're having a hard time resolving, small claims court might be your perfect avenue.

Understanding Small Claims Court

Small claims court handles cases that involve disputes over money or property, usually below a set financial limit. In California, an individual can collect up to $7,500 in small claims court, while corporations and limited liability companies are still limited to $5,000. Keep in mind that the cost of hiring an attorney and spending time in civil court can quickly exceed such limits. Alternatively, filing a small claims case can offer a more accessible solution for resolving disputes at far lower cost.

The process is simple. Small claims cases are heard in a separate division of county civil courts. Both sides, the plaintiff and the defendant, present their case to a judge or court appointed official. This judge in turn weighs the evidence and makes a decision. The whole process in court can be over in a matter of minutes.

But, what about an attorney? Attorneys in many states, including California, are banned from these court proceedings.

Statutes of Limitation

In many states, the time limit on filing, otherwise known as the statute of limitations, will depend on the type of claim. In California, for example, you have 4 years to make a claim on a written contract, and 3 years to file for property damage. The statute of limitations on oral contracts and personal injury is a little shorter, if you don't sue within 2 years, you can't.

How to File a Small Claim

First of all, put everything in writing. You should include the who, the what, the where, the when and the why of your case and get ready to go to court.

Step One: Filing the Paperwork

Go to your county clerk's office and let them know you'd like to file a small claim. The clerk's office will give you paperwork to fill out with basic information for your case: your name (the plaintiff), the name of the person or business you're suing (the defendant) and the amount you're asking for. Make sure you have the correct name and address of the defendant. If any contact information is incorrect, your case may be dismissed. Be sure to keep copies of your paperwork for your records.

Next, you'll need to pay court fees. Fees for filing a small claim vary by county in California, but it is typically around $80.

Step Two: Serving the Papers

Once you have filed your claim with the court, you need to notify the defendant that they are being sued. This is called "service of process." There are rules governing who can serve the defendant, your options are certified mail, using the sheriff, or hiring a private process server. After your claim is filed and served on the defendant, the court begins processing your claim. Only after your opponent is successfully served will the court set a pre-trial hearing or trial date.

Step Three: Going to Court

Many courts require that both parties attend a pre-trial hearing. At the pre-trial hearing, you can only bring documents, not witnesses, to prove your case. At a pre-trial hearing, you and your opponent can choose to have your case heard by a mediator, instead of going to trial.

If you go to trial, both you and your opponent will have a chance to speak before the judge or court-appointed official. Only at this point can you call witnesses. However, calling witnesses requires additional service fees and serving them with a subpoena well in advance.

Step Four: The Final Judgment

The judge enters a final judgment after both sides have presented their arguments. The plaintiff typically has to prove that he or she is entitled to the amount of money or property requested.

The defendant can appeal the judgment if he or she chooses. The appeal, unlike the small claims suit, must be tried in a more formal manner that strictly follows all the rules of evidence and procedure. You usually need a lawyer to represent you in an appeal.

Step Five: Collecting Your Judgment

The court will enter a judgment stating how much the losing party has to pay. While many people don't realize it, the court simply makes the judgment; it does not collect payment for you.

Ideally, the judgment debtor (person who owes money) will pay immediately. If your opponent refuses to pay, you have additional legal tools available to you. Wage garnishment allows you to collect a portion of the debtor's paycheck, and property liens prevent debtors from selling their property without paying you.

What to do next?

While court judgments have become increasingly easy to collect in recent years, few people with legitimate grievances actually pursue remedies through the courts. In small claims court, there are no attorneys, no jury, and any mentally competent person who is 18 years or older can sue. There are very specific court document and filing requirements, however, and that's where many people hesitate to use the system to their advantage.

Landlord/tenant rent deposit disputes; property damage, car accidents and recovery of money owed are the most common reasons people file small claims suits. Apart from a few restrictions, almost any dispute can be taken to small claims court, provided the amount of money requested falls within the maximum allowed by state law.

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Comments

Submitted by Anonymous on Aug 12, 2010 - 12:02PM

In California small Claims Court, there is no appeal right for the Plaintiff. Your information cited here is incorrect.

Submitted by LegalZoom on Aug 13, 2010 - 3:13PM

Thanks for the heads-up! We've updated the article.

Submitted by SB on Sep 20, 2010 - 5:13PM

After five months of home ownership my bedroom ceiling was extremely damaged by a rain storm due to the roof not done correctly or completely.
The garage roof has been completely covered up on the inside and its showing possible damage if we have a storm as we had before that caused my bedroom ceiling damage.
All the major issues within a home were covered up and not disclosed and I'm stuck with the exspenses .Would'nt this sale be considered an act of fraud on the sellers behalf?
Thank you for your time
SB

Submitted by Samuel on Nov 9, 2011 - 9:18AM

Hi i wanted to see what ended up with your case? I am having the same problem, i bought a home 8 months ago and its falling apart and the insurance company wont help. I believe the realor never disclosed any problems so they can sell the place. The realtor represented the bank and myself and i beloieve fraud and a conflick of intrested was done. I would love to hear what happened with your case. Thank you samuel

Submitted by LegalZoom Suzanne S. on Oct 7, 2010 - 11:49AM

Hi there, and thanks for your inquiry. We're so sorry to hear about your troubles, but while LegalZoom makes creating legal documents easy and affordable, we can't give specific legal advice about your situation. If you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com

Submitted by Anonymous on Mar 14, 2011 - 3:46PM

Which county do I file in if the business is in one county,and the neglegent service they provided is in a different one?

Submitted by Anonymous on Apr 9, 2011 - 12:09AM

A local dentist performed a root-canal on me whereby the bit broke off into my gums. The dentist didn't give antibiotics etc.... the bit is still lodged in my gums 1 year later! The dentist authorized a contract for me to get the bit removed by another contracted provider and sent me text messages agreeing to pay me for days of missed work. How long do I have to sue? It's been about 1 year.

Submitted by LegalZoom Saman... on May 3, 2011 - 7:17AM

Hi, we are sorry to hear about this situation. While LegalZoom makes creating legal documents easy and afforadble, we can't give specific legal advice about your situation. Feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.

Submitted by John NJ on Apr 19, 2011 - 11:32AM

An entertainment company mislead me for seven years.
I was promised a meeting with the company CEO by the A/R Department that would lead to his "hands on" involvement on my project.
I was told by three key employees who were in constant communication with the CEO that he loved my project and was going to produce it.
After years of promises I was told that the CEO never heard of me o my project.
I have verifying documentation related to the promises.
Do I have cause to sue under "DETRIMENTAL RELIANCE"?

Submitted by AnoBobnymous on Oct 13, 2011 - 2:41PM

They can't give specific advice here, but can refer you to an attorney in your area

Submitted by Anonymous on Apr 27, 2011 - 11:31AM

i got an apartment with my friend both names on the lease we terminated early he refuses to pay his half can i sue him?

Submitted by LegalZoom Nina F. on May 11, 2011 - 2:10PM

Hello, thanks so much for contacting LegalZoom. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. Try our Attorney Services Division at: http://attorneyconnect.legalzoom.com

Submitted by Nancy on May 10, 2011 - 4:30PM

I have filed a small claims action against a former roomate who owes me $450 in unpaid rent. She's moved again and quit her job and I can't locate her to server the papers. If I have to hire a PI to do a skip trace and server her can I get her to pay those fees as part of the judgement?
Thanks!

Submitted by LegalZoom Nina F. on Jun 23, 2011 - 7:49AM

Hi Nancy, thanks for your question. We are sorry to hear of the situation you are facing. Here at LegalZoom we make it easy to create legal documents, but we can't offer legal advice. However, check out Free Joe Friday: http://zoo.mn/FreeJoe. You can get free legal advice on the LegalZoom Facebook page every Friday.

Submitted by Daveigh on Dec 7, 2011 - 6:06PM

That's not just the best answer. It's the besestt answer!

Submitted by Anonymous on May 29, 2011 - 9:13PM

I got a credit card with 6 mos no interest.I spent $1900.00
and for some reason I did not recieved statement.After 10 mos I recieved a statement with $900.00 interest and penalty after many phone calls one of those agents agreed to waive the $900.00 and told me just pay the principal (I have agents name and time and date of our conversation.After few days I recieved another statement again they were asking for full payement.I complained to City of Los Angeles consumer affair they got $300.00 reduction. I'm not agree with it, what my legal right is?
Thanks

Submitted by LegalZoom Nina F. on Jun 23, 2011 - 6:47AM

Thanks for your inquiry. LegalZoom makes creating legal documents easy and affordable, but we can't give specific legal advice about credit card payments. However, we may be able to help you find an attorney who can assist you, try: http://attorneyconnect.legalzoom.com

Submitted by gloria littles on Aug 13, 2011 - 9:12PM

If I want to sue the owner of a business in another state (California), would I file the suit in my state (Illinois)?

Submitted by Anonymous on Aug 16, 2011 - 3:55PM

It was several years ago, but as a plaintiff I was able to appeal a small claims court decision in favor of the defendant. My appeal was based on the judges errors and lack of proceedings knowledge. This was in Fresno County.

Submitted by Anonymous on Aug 21, 2011 - 3:21PM

What the article fails to point out - STEP 6 - is that any party you take to small claims court can retaliate in Superior Court with a frivolous lawsuit. The claim they can make is called 'civil harassment', and if they have a good attorney, the opposition can cost you far more time and money and heartache than your small claims case was ever worth. They know the system and have ongoing relationships with the judges, many times.

They can do this to humiliate you, to punish you, to insult you, to cost you money, and to try to run you out of town. For every attorney who says, "They aren't allowed to do that!," good luck finding one who will actually help you file a complaint against another attorney.

Submitted by Anonymous on Aug 29, 2011 - 11:35AM

in 2008 my daughter and i signed a time share contract . we are both owners however i just found out that i can not sell . or upgrade my time share without her permission . she has never made any type of payments and also at this time she is not speaking to me. i asked her to sign a waiver to release her rights but she refuses. so what is my recourse?

Submitted by Amy M. on Nov 10, 2011 - 1:49PM

I hired a company that claimed to know what they were doing but, in the end, did not. I want to get back what we paid because they were incompetent. I also incurred financial costs at the rate of $80.00/day while they were supposedly working on our problem but weeks went by without any response or action. Both amounts together are well above the Small Claims limit. Can I sue under two separate actions for $7500/ea or am I only allowed to sue once?

Submitted by Kim K on Nov 11, 2011 - 6:22PM

The legaleze is killing me:-( If we purchased a defective product in Alaska and their home office is in New York and we are in California, where do we file?

Submitted by Michael Jones on Nov 12, 2011 - 11:04AM

I have filed my case on October 20, 2011 and hearing date is December 12, 2011.

I know I can postpone the hearing if I am having hardtime to serve the defendent.

MY Q. What is the deadlne in California for serving defendent from the date of filing. (i.e. In New York it is 120
days from the time of filing the defendent mst be served or the case is dismissed).

Submitted by Valerie on Nov 23, 2011 - 8:15PM

do you know of a website that i can download this small claims paper work for L.A. county? thanks

Submitted by Anonymous on Jan 26, 2012 - 7:52AM

I took someone to small claims for owe me money and I won the case. Now, how in the world can I collect that money if the person is an illegal construction contractor. The only information I have is his address, phone number and license plates. Can I put a lien on his vehicle if it is the only property I can seize?

Submitted by Erin on Feb 3, 2012 - 1:25PM

I was in a car accident in July 2008. My vechile I had just bought was 1 year old and still under warrenty. I was struck from behind while sitting at a stop light. The car hit me so hard that I was thrown into the car infront of me. So I was struck twice, once in back and once in front. I was driving and there was an adult in the passagner seat. Neither air bags went off, and we were both wearing our seat bealts. I hit the stiring wheel twice.

So....my question is, how long is the Statute of Limitation to sue for faulty equipment in a vechile. For the state of California. This still bugs me to no end, that the bags never went off.


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