These
web pages are designed to make your journey through the Small Claims
process a little less intimidating. You will find helpful information
here as well as links to other helpful Web sites.
Introduction
In Small Claims court, disputes are
settled in a fair, quick, and inexpensive manner. You may ask a lawyer
for advice before you go to court; however, you may not have a lawyer
represent you in court. The rules are fairly simple and the hearing is
informal. You may even ask for
mediation the day of your trial.
Consider Mediation
An alternative to formal litigation in
the court is the use of a mediator to resolve Small Claims disputes.
Mediators are appointed by the
Human Rights/Fair
Housing Commission. Their purpose is to assist parties in finding a
mutually agreeable solution, and then assist them in writing the terms
of the agreement as an enforceable contract. All parties must mutually
agree to mediation, and the formal rules of court do not apply to the
mediation process. Parties may contact the Mediator's Office to make
arrangements for mediation before the court hears their case.
Alternatively, the court will give parties an opportunity to meet with a
mediator at the time of trial.
- Instead of a judge, you decide the
outcome of your case
- You can discuss many issues that
may not be admitted in court
The party filing the claim is the
plaintiff.
The person being sued is the defendant.
If you are the defendant and are filing
a Claim of Defendant, you will remain the defendant and the plaintiff
will remain the plaintiff.
The Small Claims court clerks can
answer many kinds of questions and provide the forms you need; however,
they are prohibited by law from giving legal advice. The Small Claims
Advisory Clinic provides legal advice free of charge to both the
plaintiff and the defendant.
If you choose Small Claims court to
resolve a dispute and you are the plaintiff, you give up the right to
have another court review the Small Claims judge's decision. In other
words, the plaintiff has no right of appeal. So if you should lose, that
is probably the end of the case. However, the person or entity you sue
(defendant) may appeal the judge's ruling. When such an appeal is filed,
the entire case will be heard again.
Location and Telephone Number
The Carol Miller Justice Center is located
at 301 Bicentennial Circle. Small Claims offices and courtrooms are
located on the 3rd floor. The telephone number is 916-875-7514. There is
a $1.00 parking fee.
Filing Your Claim and the Open Court
System
Information Needed to File a Small
Claim
- Are you the plaintiff or
defendant?
- Do you know where you must file
your claim? See Choosing the Correct Court.
- Have you had an arbitration of an
attorney-client fee dispute?
- Know the dollar amount of your
claim.
- You must first ask the defendant(s)
for the money or property to satisfy your claim.
- Know the reason why you are suing
the other party.
- If you are a minor, you will need
a guardian and they need to fill out and file the Guardian Ad Litem
form.
- If you are a business, a
corporation, association, a partnership, or sole proprietorship,
what is your fictitious business number and its expiration date?
- Know whether the defendant is an
individual, an individual doing business as, a corporation, a
partnership or a government agency.
- If the defendant is a minor, you
must find out the name of the defendant's guardian.
- If the defendant is a business or
government agency, you should know who the agent for service of
process is (the legal representative of the organization to be
notified of the suit.)
- Are any of the defendants in the
military service as defined in Section 101 of the Soldiers and
Sailors' Relief Act of 1940?
Small Claims court uses a computerized
system called the Open Court System. This means no paper files.
Everything you file regarding your case from beginning to end will be
scanned into a computer. To file, you may come to our site and file your
claim in person. You will be filing the claim on the Open Court System.
The computer will ask you a series of questions which will allow it to
fill out the form for you. It is that simple. You will receive your
documents within minutes.
If you would rather file from home and
you have a computer and an e-mail address, you can file through
Electronic filing.
There is no waiting in line. If you would like further information,
please call 916-875-4187, Monday through Friday, between the hours of
8:30 a.m. and 4:30 p.m.
If the only way you can file is through
the mail, you may access the
Judicial Council's
Web site for forms.
If you live in Sacramento County and
would like to obtain forms through the mail, you must submit a request
for forms, along with a large self-addressed, stamped manila envelope.
Please send your request to the following address:
Sacramento County Small Claims Court
301 Bicentennial Circle, Room #300
Sacramento, CA 95826-2701
916-875-7514
If you live out of Sacramento County,
you may obtain forms by mail.
Monetary Limits
The Small Claims court has a monetary
limit, called a jurisdictional limit, on the amount of money
damages that can be claimed. The most "a natural person" can ask for is
$7,500; however, you are limited to filing no more than two claims
anywhere in the State of California for over $2,500 in one calendar
year. You may file an unlimited amount of claims for $2,500 or less.
Service
The party who has filed the case must
cause the legal documents to be served upon the other party. If this
service is not done correctly, the court will require the plaintiff to
re-serve the papers correctly before the case can be heard in front of a
judge.
The following instructions will assist
you in proceeding with your claim; failure to comply with these
instructions may result in a delay or in your claim being dismissed.
Personal Service
This must be completed at least 15 days prior to the court date if
the defendant is in Sacramento County or at least 20 days prior if the
defendant is outside of Sacramento County.
Substituted Service
Sometimes it is not possible to locate the actual party named on the
legal document. In this case, it is legal and proper to leave the claim
with another adult at the defendant's home, or with someone who is in
charge at the defendant's usual place of business. These documents must
be in an envelope bearing the name of the defendant, and the server must
state that the papers are for a legal case. In this situation, the
documents must be served at least 25 days prior to the court date if the
defendant is in Sacramento County or at least 30 days prior to the court
date if the defendant is outside Sacramento County. At this point, the
person who served the documents must also mail the second copy of the
claim to the defendant at the exact same address where the first copy
was left. This is to be done with the first class mail, postage
pre-paid. No other form of mail is permitted.
- Marshall, Sheriff, or Constable in
the county where the defendant lives or does business. If you choose
this method, you must then contact the Sheriff's Department for
further instructions. It is your responsibility to insure that
the completed proof of service be returned to the Small Claims court
prior to the sceduled court date.
- Private process server (a listing
of process servers may be found in the yellow pages under "process
serving." If you choose this method, you must make arrangements with
the process server of your choice. It is your responsibility to
insure that the completed proof of service be returned to the Small
Claims court prior to the scheduled court date.
- By anyone at least 18 years of age
who is not a party to the action. They must fill out a proof of
service form and it is your responsibility to insure that the
completed proof of service be returned to the Small Claims court
prior to the scheduled court date.
- You must pay the court to do
service by certified mail. You may not send the certified mail
yourself.
Web Sites to Help You File a Claim
The
Small Claims
Advisory Clinic has its own Web site which will give you the
information you will need to file your claim. You may also need to take
action to enforce the judgment. While a Small Claims court judgment
carries legal weight, it may be difficult to collect. Collecting a
judgment is one of the most challenging aspects of any lawsuit. The
Small Claims advisors will be able to give you suggestions on how to
collect your judgment. Neither the court nor the Small Claims Advisory
Clinic will collect the judgment for you.
The
California Department of
Consumer Affairs also has a Web site with useful information to help
you file your claim. This site also contains information about how to
collect the judgment.
Hearings Before Temporary Judges
The Small Claims court uses temporary
judges to hear the cases. A temporary judge is an attorney who has been
licensed to practice law in California for a minimum of five years and
who volunteers to assist the court by hearing certain cases. They meet
the same minimum qualifications as a judge or commissioner. The
temporary judge is required to take a training program before hearing
cases.
You do not have to agree to have your
case heard by a temporary judge. If you wait until your court date to
request a judge or commissioner of the Superior Court, your case will be
continued to a date when one is available and this may delay your case.
If you do know at the time of filing
your claim you are not wiling to have a temporary judge hear your case,
let the clerk know so they can schedule your court date on a day and
time when a judge or commissioner is available.
If you are the defendant and you know
prior to your court date that you are willing to have a temporary judge
hear your case, contact the clerk's office in writing to have the case
heard by a judge or commissioner.
What to Expect in Court
- Children are not allowed in the
courtroom, so you should not bring them with you. There is a
supervised
children's waiting room on the first floor of the courthouse and
you may leave children who are at least 2-1/2 and toilet-trained
there while you are in court. There is no charge for this service.
Younger children may use this facility as well, but you will need to
have a friend or relative stay with the infant.
- Come to court organized and
prepared.
- Arrive promptly at your assigned
court time; if you arrive later, your case may be heard without you.
- Bring enough photocopies of all
your evidence for each party and the judge.
- Any original copies submitted to
the judge the day of trial may not be returned to you. Any documents
you leave with the court are destroyed. They are not kept in a file
or scanned into the computer.
- Bring all your witnesses.
- An informational video will be
shown at the beginning of the calendar.
- Mediation will be explained and
offered to those parties interested.
- Roll will be taken and the cases
will be divided between two courtrooms.
- If both parties are present,
meaning both the plaintiff and the defendant, you will be asked to
go into the hallway to exchange and review any documents that will
be submitted to the judge as evidence. This must be done prior to
the case being heard.
- Have all your documents ready and
in chronological order when your case is called.
- There will be several cases
assigned to the same time as yours so you may have to wait to hear
your case heard.
- You may be asked to sign a
stipulation allowing a temporary judge to hear your case. If you do
not wish to have a temporary judge hear your case, your case may be
continued to a date when there is a commissioner or judge of the
Superior Court to hear your case. You may decline a temporary judge
when you file your claim and avoid a continuance to another date.
- When your case is called, you will
stand at a podium in front of the temporary judge. You will be asked
to present your evidence and give your testimony. Always address the
judge and not the other party.
- Usually, the plaintiff will give
his/her testimony first and then the defendant.
- The judicial officer will probably
ask questions to further his/her understanding of the case.
- If you are the only party to
appear at the trial and you are the plaintiff, you still must prove
your case. Do not expect to "automatically" win your case if the
other party does not appear.
- The proceeding will not be
recorded by a court reporter or by any other type of recording.
- If you are not fluent in the
English language, you must bring an interpreter with you. Small
Claims courts do not provide interpreters.
- The court
does provide assistance
for hearing impaired persons. Requests for this type of service must
be made at least three days before your court date. Sign language
interpreters, real time interpreters, and assistive listening
devices are also available. You may want to tell the clerk what type
of assistance you need when you receive notice of the trial or
hearing date.
- The judicial officer will usually
not tell you the decision in court. The decision (judgment) will be
mailed to you.
If You are the Defendant
If you have been names as a defendant
in a Small Claims action and have received an order to appear at a Small
Claims hearing, this means that you are being sued. If you do not know
why you are being sued, contact the plaintiff immediately for an
explanation.
Never ignore an order to appear in
court even if you think the case is wrong, unfair, or has no basis. If
you do not appear in court at the proper time and date, the court may
still hear and decide the case without you and you may lose the suit by
default.
If you believe the plaintiff has caused
you injury or owes you money for any reason, you can file a claim
against the plaintiff in the same Small Claims court action. If your
case is related to the subject of the plaintiff's case, it may be
helpful and convenient to resolve it at the same hearing by filing a
Defendant's Claim and Order to Plaintiff.
If the judgment has been entered
against you and the appeal time has lapsed, your money or property and
maybe a portion of your earnings can then be taken legally by the
judgment creditor to pay the judgment against you. A Small Claims
judgment is public record. Small Claims court does not report to any
credit reporting agency; however, these agencies come to the court often
and place the judgment on the losing party's credit record even after
the judgment is paid.
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