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Small Claims

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Small Claims Advisor

Small Claims Court

The Small Claims Court is a special Court in which disputes are resolved inexpensively and quickly.

The rules are simple. The hearing is informal. Attorneys are not allowed. (However, you may ask an attorney for advice before you go to Small Claims Court.)
The person who files the lawsuit is the plaintiff, and the person being sued is the defendant. The plaintiff presents his or her side of the story to the Commissioner or Judge. Witnesses or documents supporting the claim can also be presented.
The defendant is allowed to ask questions of anyone who testifies for the plaintiff. The defendant then presents his or her side of the case and then it is the plaintiff’s opportunity to ask questions.
The Commissioner or Judge will make a decision at the end of the trial, either in Court or in writing if the matter is taken under submission.
The cases are limited to disputes up to $5,000 for a business, or $7,500 for an individual.
You are not an “individual” in Small Claims Court if the claim you are filing relates to a business you own or operate.
Important note: Certain claimants cannot file more than two Small Claims Court actions for more than $2,500 anywhere in the State of California during any calendar year. However, a claimant may file any number of claims for $2,500 or less.
Small Claims Court Process: Sacramento Superior Court

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The Court will be closed on Monday, May 27th in observance of Memorial Day

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Home > Small Claims > Court Process

Introduction
Consider Mediation
Location and Telephone Number
Filing Your Claim
Monetary Limits
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What to Expect in Court
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If You are the Defendant

Introduction

 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 websites.

 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. All parties
Serve your Defendant's Claim | California Courts | Self Help Guide
File the original and copy before your court hearing.
The court will keep the original.
The court will stamp and return the copy to you.
Keep the copy for your records.

Small Claims
What's next?

After you serve your Claim, you need to start to get ready for your court date (trial).

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Small Claims | Superior Court of California | County of Tulare
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Divisions

Small Claims

 Small Claims
 

The Small Claims Court is a special court where disputes are resolved inexpensively and quickly. Small Claims cases are for damages of $10,000 or less. Small Claims is affordable and fast, with simple and informal rules. Attorneys are not allowed.

What Is Small Claims Court?
Small Claims Advisor | Superior Court of California | County of Tuolumne
Explain the small claims rules and procedures.
Explain how to complete small claims forms.
Explain how to prepare for court.
Explain how to collect your money if you have won.
Explain what you can do if you cannot afford to pay.
Refer you to an attorney or other agencies that may be able to help you.
Please Note: The Advisor cannot act as your attorney and their services are not intended to replace those of your own attorney. Also, the Advisor will not be able to tell you whether you "have a case", whether you will win, or what your chances are of winning. They can, however, assist you in preparing your best case. The Advisor's main purpose is to explain how to prepare for and correctly use the Small Claims Court, how to complete the forms, and to inform you about the Small Claims and general California law and common consumer problems.

For Additional Assistance
An information booklet called "The Do's and Don'ts of USING THE SMALL CLAIMS COURT" is published in English by the California Department of Consumer Affairs. It provides answers to frequently asked questions about Small Claims Court. The booklet is available online.
If you need landlord/tenant information, please visit:http://www.dca.ca.gov/publications/consumer-selfhelp.shtml.
The Judicial Council sponsors a Self-Help Small Claims website with a variety of information on Small Claims law and procedure, and specific information about Small Claims Court and advisory services within each of the 58 counties.

Location
Justice Center Courthouse
12855 Justice Center Drive,
First Floor
Sonora, CA, 95370
Phone: (209) 533-5555

 

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Before you start a small claims case | California Courts | Self Help Guide
Read about deadlines for other types of cases and exceptions.
If you are suing the State of California or a local government, there are other deadlines you'll need to meet.
 

Make sure you don't miss any deadlines. 
If you file after your deadline, the other side can ask the judge to rule against you because you filed too late. They'll probably win, even if you had a good case against them. 
 

Is a small claims case worth your time?

If you do have a case for small claims, it's good to ask yourself if you want to start a small claims case. 
Are you ready to invest significant time getting ready for your court date?
If you win in court, does the other side have the money to pay you? You probably won’t know before you start your case if the other side has money to pay you but you should start thinking about that before filing. 
If you’re suing your neighbor or someone you’ll still know in the future, will winning fix the problem or ruin the relationship?  
Will the time you take to start your case, go to court, and collect the money (if you win) be worth it? 
Will being involved in the court case, maybe for years (if you win and the other side doesn't pay or is on a payment plan), keep you feeling angry or stressed for that amount of time? Could you use your energy better in other ways? 

Small Claims
What's next?

Once you've answered all of these questions and decided that you can sue in small claims court and that you do want to move forward, the first step is to you ask the person you're suing for the money or what you want. Once you've asked them, you can file a small claims case.

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Small Claims | Superior Court of California | County of Tuolumne
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Self-Help Small Claims | Superior Court of California | County of Tuolumne
The mediator is specially trained and impartial, and he or she does not give legal advice or make decisions. The parties involved in the dispute make the decisions, and the mediator and the parties work together to identify the issues that are most important for each side and then to find practical resolutions. If a settlement cannot be reached, the case goes to trial that same day and a judge will decide the outcome.

After Trial

Once a judgment is rendered, the time to appeal the court’s decision extends for 30 days. The judgment will become final after the 30 day appeal period, if an appeal is not filed.
Original exhibits may be picked up from the civil division at the Justice Center Courthouse after the judgment becomes final.
Once a judgment is issued in your case, a notice of that judgment will be mailed to you.
If your matter was taken under advisement by the judge hearing your case, you will be notified of his or her decision by mail. The court can take up to 90 days to issue a ruling when a case is taken under advisement (submission). Please do not call the court.

Small Claims Limitation

Important note:
Certain claimants cannot file more than two small claims court actions for more than $2,500 anywhere in the State of California during any calendar year. However, a claimant may file any number of claims for $2,500 or less. You can fill out printable forms by clicking below.
For access to the Judicial Council of California Small Claims Center, please click here. http://www.courts.ca.gov/selfhelp-smallclaims.htm
Note: Nothing in this website is intended as either legal advice or as a ruling of the court. This information is provided as a general guide only. You are encouraged to get the assistance of a lawyer if legal advice is necessary.

 

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Small Claims | Superior Court of California | County of Tuolumne
The cases are limited to disputes up to $5,000 for a business, or $7,500 for an individual.
You are not an “individual” in Small Claims Court if the claim you are filing relates to a business you own or operate.
Important note: Certain claimants cannot file more than two Small Claims Court actions for more than $2,500 anywhere in the State of California during any calendar year. However, a claimant may file any number of claims for $2,500 or less.

On the day of your hearing, the Court may recommend that you and the other party attend a mediation session in order to bring your case to a successful resolution.
Small Claims Advisor
Self-Help Small Claims
Click the button below to learn more about filing small claimsl
Self-Help Small Claims

Location
Justice Center Courthouse
12855 Justice Center Drive
First Floor
Sonora, CA, 95370
Phone: (209) 533-5555

Civil / Small Claims Mediation Services
Mediation is an opportunity to settle your case on the day set for court trial. A trained mediator will meet with both parties, helping them to achieve a resolution that is agreeable to both sides and which helps each side feel that they have been heard.
The Court encourages people to take advantage of the free mediation services being offered at the Tuolumne Superior Court.
For more information please go to the Judicial Council of California Small Claims Center.
Forms and Instructions can be located here.

Quick Links
Small Claims Advisor
Self-Help Small Claims

 

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Divisions

Small Claims

 Small Claims Court
 

Small Claims Court is a special court where you can resolve disputes quickly  and inexpensively. The rules are simple. You are not allowed to have an attorney represent you (except on appeal).

Remote Appearances
Some case types allow remote appearances. 

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In this section

Get Help with Your Case

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Small Claims Court Overview

Monetary Limits for Small Claims Court: The amount in dispute may not exceed $10,000 for a natural person. If you are filing on behalf of a business the limit of your claim may not exceed $5,000.
You may file as many claims as you wish for up to $2,500 in small claims court but are limited to 2 claims for up to $5,000 each calendar year. If you are suing  a guarantor, you may sue for a maximum of $4,000 (or $2,500 if the guarantor does not charge for the service). A guarantor is one who promises to be responsible for the debt or default of another.
Cases for $12,500 or less | California Courts | Self Help Guide
There are many differences between small claims and limited civil cases. If you are deciding between the two, you should talk to a lawyer to find out what is best for you given your situation. A small claims advisor may also be able to help you.
Summary of differences 
Difference
Small claims
Limited civil
Lawyers
Can not have a lawyer represent you.
Can have a lawyer represent you, but you must pay for the lawyer. A business entity, like a corporation, must have a lawyer.
Costs
Filing fees are less, up to $100.00.
Filing fees can be expensive, starting at $225.00. Depending on the case, there can be other out-of-pocket expenses.
How complicated the process is
Rules and procedures are informal and simpler.
Have to follow all rules and procedures required in "regular" civil cases. This includes rules of evidence that make it difficult to prove a case. It can get very complicated and time-consuming.
How long it takes to get a decision
Case is decided quicker - generally within 3 months.
Cases can take up to a year or longer to decide.
Whether you can appeal
A plaintiff cannot appeal. If a defendant sued the plaintiff back (counterclaim), the defendant cannot appeal a decision on that counterclaim.
Either side can appeal.
How many times you can sue in a year
Cannot sue more than twice in one calendar year for over $2,500.
No limit on the number of lawsuits in a year.
If the court can award costs and fees 
If you win, the court can order the losing side to pay your court fees and costs.
If you win, the court can order the losing side to pay your court fees and costs. There may also be attorney's fees. But, if you filed a limited civil case when you could have filed in small claims court, the judge can decide not to order the losing side to pay for fees and costs.
If you can serve a defendant outside California
Have to be able to serve the defendant in California. If not, you cannot pursue your claim in small claims (with few exceptions).
Plaintiff’s Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt)(form SC-500) | California Courts | Self Help Guide
Plaintiff’s Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt)(form SC-500) | California Courts | Self Help Guide

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Plaintiff’s Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt)(form SC-500) 
If you received a Plaintiff’s Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt) (form SC-500), your landlord is suing you for COVID-19 rental debt in small claims court. The court set a date to hear from you and your landlord (a trial) before it makes a decision.

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