COALITION OF MOBILEHOME OWNERS - CALIFORNIA

SMALL CLAIMS COURT GUIDE

Introduction

Disclaimer: This website doesn’t give you legal advice. This is only general information.

If you would like to search the Court's case index for information about a particular Small Claims case, or look up a hearing date, click here to visit our public access Case Info website.

The small claims court is a special court where you can resolve disputes quickly and inexpensively. The rules are simple. The hearing is informal. You are not allowed to have a lawyer.

As an individual, you can use Small Claims Court if your claim is worth $7,500, or less. If a business is filing, the claim must be $5,000 or less. You are not an "individual" in Small Claims Court if the claim you are filing relates to a business you own or operate. For example, if you were a plumber and wanted to sue a customer who had not paid you, you would be a business for that lawsuit (not an individual). On the other hand, if your neighbor's tree fell through your kitchen roof, you could sue as an individual and ask for up to $7,500.

Important note: you can’t file more than 2 Small Claims Court actions for more than $2,500 in California during any calendar year. For example, if you file a claim for $3,000 in February of this year, and another claim for $4,000 in March of this year, you can’t file another claim for more than $2,500.00 in any Small Claims Court in California until January 1 of next year. But, you can still file as many claims as you want for $2,500 or less.

If you are filing the claim, you are the plaintiff.

If you are being sued, you are the defendant.

Here are some examples of common Small Claims cases:

·         Your former landlord refuses to return the security deposit you paid.

·         Someone dents your fender and refuses to pay for repairs.

·         Your new TV doesn’t work, and the store won’t fix it.

·         Your tenant caused damage to the apartment and the repairs cost more than the security deposit. (Note: You can't use Small Claims Court to evict someone.)

·         You lent money to a friend, and she refuses to pay you back.

·         Small Claims Court can also order a defendant to do something, as long as you are also asking for money in your claim. For example, the Court can cancel a contract. Or, the Court can order your neighbor to pay you for your lawn mower or to return it to you right away.

See some differences between Civil Court and Small Claims Court, below:

You don't have to be a U.S. citizen to file or defend a case in Small Claims Court. If you don't speak English well, bring someone who speaks English and ask the judge if that person can be your interpreter. The Court can’t give you an interpreter. You can find a list of interpreters at the state's judicial website. Also see the web page on interpreter services at the Court's main website.

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