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1614.704 (e)FY 2018  thru 9/30

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Small Claims | Superior Court of California | County of Tulare
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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 court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court.
Your claim cannot be for more than $10,000.00. If you have a claim for more than this amount, you may file a limited civil case, or you may sue in the small claims court and give up your right to the amount over $10,000.00. You cannot, however, file more than two cases in small claims court for more than $2,500.00 each during a calendar year.
Who Can File a Claim?
You must be at least 18 years old to file a claim. If you are not yet 18, you may ask the court to appoint a guardian ad litem. This is a person who will act for you in the case. The guardian ad litem is usually a parent, relative, or an adult friend. A person who sues in small claims court must first make a demand, if possible. This means that you have asked the defendant to pay, and the defendant has refused. If your claim is for possession of property, you must ask the defendant to give you the property.
Unless you fall within two technical exceptions, you must be the original owner of the claim. This means that if the claim is assigned, the buyer cannot sue in the small claims court. You must also appear at the small claims hearing yourself unless you filed the claim for a corporation or other entity that is not a natural person.
Small Claims Court Process: Sacramento Superior Court

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.
 
The judicial officer will usually not tell you the 
 decision in court. The decision (judgment) will be mailed to you.
 

Assistance
	
 	The Court provides interpreters in Small Claims matters. Please contact 
 	
 	Small Claims Court to make the necessary arrangements.
 

If You are the Defendant

 If you have been named 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
Small claims in California | California Courts | Self Help Guide
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Small claims in California
This guide can help you:
Start a small claims case
Respond if you're sued in small claims court
Take steps to collect if you won or pay or appeal if you lost and owe money
Find resources to help

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Small claims basics 
Small claims court allows you to sue a person, business, or government agency that you think owes you money. Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you’re a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
Special rules for COVID-19 rental debt cases in small claims
Starting November 1, 2021, you can sue or be sued for COVID-19 rental debt in small claims. If you are suing a tenant for COVID-19 rental debt, you can sue for more than $12,500.
Small Claims Court Process: Sacramento Superior Court

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 
 must mutually agree to mediation, and the formal rules of court do not apply to 
 the mediation process. Parties may contact the Small Claim's mediation and
 advisory services 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 Mediation and Advisory Services 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 are located on the 2nd floor. The courtrooms
 are located on the 3rd floor.
Small claims in California | California Courts | Self Help Guide
Once you file papers to start a case, you typically have a court date (trial) in about 1-2 months.
There are some limits on small claims
You can’t have a lawyer represent you.
You have to collect the money if you win your case. The court does not do it for you. 
If you started the case, you can't appeal if you lose your case. The judge’s decision is final. You can appeal if you are sued, or the other side sues you back, and you lose.
If small claims court limits don’t work for you, you may want to think about opening a case in civil court. That process is much more challenging and expensive, though, especially if you decide to file on your own without an attorney. 

Get step-by-step instructions

The steps and your options are different if you are suing for or were sued for COVID-19 rental debt.

Start a small claims case

If you're sued in small claims

Start a small claims case for COVID-19 rental debt

If you're sued for COVID-19 rental debt

 

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Self-Help Small Claims

 Small Claims Help
 

Self-Help Small Claims

Small claims is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. You may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court.

United States citizenship is not required to file or defend a small claims case, but the parties must be at least 18 years old. Only cases for money for actual damages can be filed in small claims court. Your claim cannot be more than $5,000 or $7,500 if you are a natural person (not a business or public entity).
Learn more about Small Claims here.
Examples of disputes that can be settled in small claims court are:
A landlord will not return a security deposit.
Someone dents a car and refuses to pay for it.
Any case involving money disputes that do not exceed $5,000 or $7,500.
Only cases for money for actual damages can be filed in small claims court.

OFFICE HOURS AND LOCATION
Small claims are processed on the first floor  of  the  Justice Center Courthouse located at:
12855 Justice Center Drive
Sonora, CA  95370
Phone: (209) 533-5555.
Small Claims

Click on the topics and questions below for more information.

Filing a Claim

A small claims case may be filed if any of the following apply:
Small Claims | Superior Court of California | County of Tulare
Contact the plaintiff and try to resolve the dispute
Familiarize yourself with small claims court procedures
If you have a claim against the plaintiff, consider resolving it at the same hearing.
Prepare for the hearing. (Organize your thoughts, collect evidence, talk to witnesses.)
Keep communication open. Try to resolve the dispute with the other party before the hearing.
If you owe money, try to pay it or work out a payment plan.
If necessary, ask the court to postpone the hearing to let you and the plaintiff resolve the dispute informally.
Try to avoid a court judgment from being entered against you, since it may appear on your credit record.
Attend the hearing and present your defense.
Where Can You File Your Claim?
You must sue in the right court and judicial district. This rule is called venue. If you file your claim in the wrong court, the court will dismiss your claim unless all defendants personally appear at the hearing and agree that the claim may be heard.
The right judicial district may be:
Where the defendant lives or where the business involved is located
Where the damage or accident occurred
Where the contract was signed or carried out
If the defendant is a corporation, where the contract was signed
For a retail installment account or sales contract or a motor vehicle finance sale:
Where the defendant lives
Where the buyer (defendant) lived when the contract was entered into
Where the buyer (defendant) signed the contract
Where the goods or vehicle are permanently kept

Who Will Hear Your Case?
Your case will be heard by a small claims court commissioner, a temporary judge, or a judge. A commissioner has all the responsibilities and powers of a judge. A temporary judge (judge pro tem) is an attorney who volunteers his or her time to hear and decide cases. A temporary judge also has all the responsibilities and powers of a judge. The judge may decide the case at the time of the hearing or mail the decision to the parties later.
Notifying the Defendant of the Claim
You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules, or your case may be dismissed or delayed.
Before you start a small claims case | California Courts | Self Help Guide
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Check you have a case for small claims
Before you start a small claims case, you need to make sure your case is right for small claims court. There are rules about what cases can be decided in small claims court. You can waste a lot of time and energy if you file a case only to find out it can't be decided in small claims.

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Before you start a small claims case
How much money you can ask for? Do you have a legal reason you can sue? Who should you sue and how do you find them? 
Figuring out the answers will help you decide if your case is right for small claims. If it is, knowing the answers will help you as you fill out the small claims forms.
Are you suing an attorney, a healthcare provider, or the state or local government? There are special rules you have to follow. Learn more 

Some kinds of cases have special rules you must follow.
Small claims index | California Courts | Self Help Guide
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Type of Case

CARE Act

Child Custody

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Conservatorship

Divorce

Eviction

Guardianship

Name Change

Parentage

Restraining Order

Small Claims

Traffic

Wills and estates

Court Information

Court basics

Your day in court

Request an interpreter

Services at court

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Español

 

 

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Small claims index
Find a specific page or step-by-step instructions within our small claims case information.

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Small claims basics
Small claims in California
Small claims forms
Resources
Small Claims Advisors
Small claims legal resources
Mediation in small claims
Basic ways to find someone
Find a business address or agent for service of process
Guide to security deposits

How to dismiss your case
How to change your court date
Deciding between small claims and limited civil

Start a small claims case (plaintiff)
Case overview
If you are suing for COVID-19 rental debt, there are separate instructions

1. Check you qualify and ask for money

Check you have a case for small claims
Research: Common issues in small claims
Special rules: Government agencies 
Special rules: Healthcare providers
Special rules: Arbitration or attorney fee dispute
Ask for the money 
Options after you get in touch
Write out an agreement
Try mediation

2.