What Is the Monetary Limit for Small Claims Court in California
Make sure there is enough time for process maintenance. If possible, allow yourself at least six weeks for the service process (i.e. get a hearing date at least six weeks in advance). A person must provide each defendant with a true copy of the plaintiff application form (Form SC-100) at least 15 days before the hearing date if the defendant lives in the county where the application is filed, or at least 20 days before the hearing date if the defendant lives outside the county where the application is filed. If the service was a replacement service, add 10 days to each of the two time requirements listed above (the replaced service will be discussed in more detail later). If you don`t know which of several potential defendants is responsible for your claim, name each person you think is liable. The court will decide whether the people you name are legitimate defendants and legally liable. You need the defendant`s address for several reasons. You may contact the other party to try to resolve the matter before filing the complaint and also to communicate your claim before filing it. After you file your file, you will need an address that you will need to provide to the dispute server in order to forward your claim form to the defendant and the court so that they can serve further notices.
If you win your case, you will need an address where you can send a letter asking you to pay. Here are some important sources of information to know where the other party lives or works. A representative appearing on behalf of a defendant in Small Claims Court must bring a completed and signed power of attorney to the hearing to appear on behalf of a party (Form SC-109). Disputes over landlord-tenant rent, property damage, car accidents, and recovery of monies owed are the most common reasons people sue small claims. Subject to certain restrictions, almost any dispute can be brought in small claims court, as long as the amount of money requested is within the maximum amount allowed by state law. Read the Small Claims section to learn more about Small Claims Court. Most claims must be filed within a specified period called the statute of limitations. The purpose of the limitation period is to prevent the presentation of cases that are too old. Memories fade, witnesses die or walk away, and once clear details tend to fade. As a general rule, you should file your application as soon as possible. As a general rule, the limitation period is not less than one year. If the application is not lodged within the time limit set by the limitation period, the judge may be asked to reject the application, unless there is a good legal justification for extending the time limit.
If you are considering an older lawsuit, you should consult with a small claims lawyer to see if there are any facts or circumstances that allow or require the court to extend the filing deadline. Your claim form (Form SC-100), if completed by you and issued by the Small Claims Officer, will inform the defendant of the amount of your claim, the basis of the claim, and the date, time and location of the hearing. WARNING: Delivery by registered mail is not very successful. In some courts, only about 50 per cent of attempts are successful. One reason for this is that the defendant may refuse to accept delivery or sign an acknowledgement of receipt. Another is that if the defendant does not appear at the hearing, the judge may refuse to hear the case unless the judge determines that the defendant signed the acknowledgement of receipt. Often, the signature on the acknowledgement of receipt is illegible or signed by someone other than the defendant. If the acknowledgement is the only proof of the defendant`s signature and there is no other evidence that the signature is actually that of the defendant, the judge may ask you to serve another copy of your application form. In this case, a new trial date must be set. Proof of Special Service Form – The person serving the substitute claimant`s request for service must complete and sign a special proof of service form entitled Proof of Shipment (Replacement Delivery) (Form SC-104A). This completed form must be submitted to Small Claims Court at least five days before the hearing.
The process is simple. Small claims cases are heard by a separate division of the civil district courts. Both parties, the plaintiff and the defendant, submit their case to a judge or court-appointed official. That judge, in turn, evaluates the evidence and renders a decision. The entire process before the courts can be completed in minutes. Many courts require both parties to attend a preliminary hearing. At the preliminary hearing, you can only bring documents, not witnesses, to prove your case. At a preliminary hearing, you and your opponent can have your case heard by a mediator instead of going to court. In many states, the filing period, also known as the statute of limitations, depends on the nature of the claim. In California, for example, you have four years to make a claim for a written contract and three years to claim property damage. The limitation period for oral contracts and bodily injury is slightly shorter. If you don`t continue within two years, you can`t.
If you wish to remove the names of one or more defendants from your application, you can use the cancellation form you received with your application or a motion to dismiss (Form CIV-110). Be sure to indicate that you are only dropping the case against certain named defendants and that you are not dropping the whole case. As a courtesy, you must inform the dismissed defendants that they do not have to appear in court by providing them with a copy of the notice of termination filed. As a tenant who has recently moved, you are entitled to a refund of your deposit, plus interest if applicable. Learn how to get your deposit back without having to go to court. You can obtain the forms to file your application by visiting or writing to a small claims court or by clicking on the Council of Judges` self-help website under www.courtinfo.ca.gov. While it is generally easy to complete these forms, it is helpful to read Small Claims Claimant Information (Form SC-100 – INFO). You will receive them when you go to Small Claims Court to file your claim.
You can also view it and other court forms on the Judicial Council`s self-help websites. You can fill out most of these forms on your computer. Some courts allow you to submit forms by fax or over the Internet. It is your responsibility to ensure that each defendant is duly notified of the claim in this manner and to pay the fees and costs of such notice. As a courtesy, try to notify the defendant(s) more in advance than required by law. If the case is against a sponsor whose legal liability is based on the acts or omissions of another person, the maximum claim is $2,500. However, there are two exceptions to the $2,500 for the jurisdiction: (1) If you are an individual suing a guarantor who charges a fee for its warranty or surety services, the maximum amount is $6,500. (2) If the plaintiff is not an individual and the defendant guarantor charges a fee for his or her services or is the registrar of the Contractors State License Board because the plaintiff is suing for surety of a contractor, the maximum amount of claims is $4,000.
