SMALL CLAIMS
What Is Small Claims
Court?
Small claims court is a special court where disputes are
resolved quickly and
inexpensively. In
small claims court,
the rules are
simplified and the
hearing is informal.
Attorneys are
generally not
allowed. The person
who files the claim
is called the
plaintiff.
The person against
whom the claim is
filed against is
called the
defendant.
They are also called
claimants or parties.
You don't need to be
a United States
citizen to file or
defend a case in
small claims court.
If you are a
non-English speaker,
see
Making the Best of
Your Day in Court
section for
information on an
interpreter.
In general, claims
are limited to
disputes up to
$5,000. However,
natural persons
(individuals) can
claim up to $7,500.
Corporations,
partnerships,
unincorporated
associations,
governmental bodies,
and other legal
entities cannot
claim more than
$5,000. Also, no
claimant (natural
person or legal
entity) may file
more than two
small claims court
actions for more
than $2,500 anywhere
in the state during
any calendar year.
For example, if you
file an action for
$4,000 in February
2007, and another
action for $4,000 in
March 2007, you may
not file any more
actions for more
than $2,500 until
January 1, 2008. You
may file as many as
you wish for $2,500
or less.
The fee for filing in small claims court depends on the
amount of the claim:
30 if the claim is
for $1,500 or less,
$50 if the claim is
for more than $1,500
but less than or
equal to $5,000, or
$75 if the claim is
for more than
$5,000. However, if
a plaintiff has
filed more than 12
small claims in
California within
the previous 12
months, the filing
fee for each
subsequent case is
$100. The filing fee
is paid by the
plaintiff to the
clerk of the small
claims court.
Since the limits on amounts of claims and filing fees may
be changed by
legislative action,
you should check
with your local
small claims adviser
or small claims
clerk to determine
the current limits
on claims and filing
fees. You may also
consult with your
own attorney if you
wish.
Small claims courts can order a defendant to do something,
as long as a claim
for money is also
part of the lawsuit.
If you are suing to
get back the lawn
mower you loaned to
a neighbor, for
instance, the court
can order the return
of the mower, or
payment for the
mower if it is not
returned.
Examples of other
disputes that might
be resolved in small
claims court are:
-
Your former
landlord refuses
to return the
security deposit
you paid.
-
Someone dents
your car's
fender and
refuses to pay
for its repair.
-
Your new TV will
not work, and
the store
refuses to fix
it or replace
it.
-
Your tenant
caused damage to
the apartment in
an amount that
exceeded the
security
deposit. (Note:
You can't file
an eviction
action in small
claims court.)
-
You were
defrauded in the
purchase of a
car, and desire
to cancel the
purchase and get
back the amount
of your down
payment from the
seller.
-
You lent money
to a friend, and
he or she
refuses to
re-pay it.
In most small claims courts, cases are heard within 30-40
days after filing
the plaintiff's
claim, but they are
never set for
earlier than 20 days
or more than 70 days
after the claim is
filed. Most cases
are heard on
weekdays, but some
courts also schedule
evening and Saturday
sessions.
