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Find attorneys and lawyers in California for small
claims appeals and more
Browse this site to find information about an attorney in
California. If you were searching for an attorney you have come to
the right place.
Small Claims Court
Small claims court is part of the superior court. Most small claims
disputes are about money damages under $5,000. But the small claims
court also can order someone to do something, such as return a
borrowed bicycle or lawn mower. Although you may consult with a
lawyer outside the courtroom, you must argue your own case before a
judge. The regular filing fee is $20 or $35, depending on the number
of claims filed during a 12-month period. Cases are usually heard
within 70 to 90 days after the forms are filed.
Filing a Claim
If you are the plaintiff-the person who demands payment or asks for
some other settlement of a dispute-you are the one who begins a
small claims action by filing a Plaintiff's Claim Form with the
clerk of the court. In the claim, you must briefly describe why you
should win the case and how much money you want to be paid or what
other action you want the opposing party to take. At the time of the
trial, you will be asked to provide all the facts of the case.
If you are the defendant-the person being sued-you will get an order
to appear at a small claims hearing. You may also file a Claim of
Defendant against the plaintiff for damages.
It may be a good idea for you to try to settle the matter before
going to court. The court may be able to refer you to mediation
services. If both sides agree on a settlement, it is best to put it
in writing with both of your signatures and the date. The plaintiff
should then file a Request for Dismissal form.
If you can't settle the case out of court, you must appear at the
trial or request a new court date or a transfer of the case to
another court. Check with the small claims court clerk about time
limits for changing the trial date. If you do not take one of these
actions, the court may decide the case in the other party's favor.
The Hearing
At the hearing, both parties will explain their sides of the story
to the judge. You can present witnesses and evidence. It is
important for you to come to court well prepared and talk only about
things that are relevant to the case.
After hearing both sides of the story, the judge will make a
decision based on the law and on fairness and common sense. The
judge can make the decision at the hearing or choose to make the
decision later after going over the evidence or researching a point
of law. Generally, if a judge does not make a decision at the
hearing, the plaintiff and the defendant will get a notice of the
judge's decision in the mail within two weeks after the court
hearing.
Only the defendant in a small claims case can appeal the judgment,
although the plaintiff can also appeal the judgment if the defendant
files and wins claim. Also, under certain circumstances, either
party may ask the court to correct or set aside (reverse or cancel)
a judgment. If there is an appeal, all claims will be heard anew
before a different judge in the superior court. An attorney may
represent you at the trial or on appeal.
Small Claims Legal Advisors
Each county is required to have a Small Claims Legal Advisor to give
free advice. The kinds of services offered vary from county to
county. The court clerk's office can tell you about the services
available in your court but is not permitted to give you legal
advice. The clerk also can give you information sheets that explain
how to fill out the necessary small claims court forms.
In addition, the Department of Consumer Affairs offers information
booklets about small claims court procedures (contact Department of
Consumer Affairs, P.O. Box 1015, North Highland, CA 95660; tel.
916-445-1254). You may also visit the department's small claims Web
site at www.dca.ca.gov/smallclaims/ or the California Small Claims
Information Center (see below).
Who Can Sue
To sue or to be sued in small claims court, a person must be at
least 18 years old and mentally competent. U.S. citizenship is not
required. Minors (under 18 years old) or the mentally impaired must
have a special guardian appointed by the court, called a "guardian
ad litem," to handle the case.
Temporary Judges
Because of large workloads in courts today, temporary judges can
help get smaller cases to trial quickly. A temporary judge,
sometimes called a "judge pro tem," may be appointed by the court to
handle small claims cases if both parties in the dispute agree to
allow a temporary judge to hear the case. Temporary judges are
attorneys who have been members of the State Bar of California for
five years or longer.
The California Small Claims Information Center can be reached at:
www.courtinfo.ca.gov/selfhelp/smallclaims/
Note: The laws and procedures referred to may change.
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