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Small Claims | Superior Court of California | County of Tulare
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. The correct way of telling the defendant about your lawsuit is called service of process. This means delivering to the defendant a copy of your claim. You cannot do this yourself. There are four ways to serve the defendant:
Service by a law officer
A fee will be charged.
Process server
You may ask anyone who is not a party in your case and who is at least 18 years old to serve the defendant.
Registered process servers will do this for you for a fee.
Certified mail
You may ask the clerk of the court to serve the defendant by certified mail for a fee.
You should check back with the court prior to the hearing to see if the receipt for certified mail was returned to the court.
Substituted services
This method lets you serve another person instead of the defendant under certain circumstances.
You must follow the procedures exactly
You may also wish to use the marshal or sheriff or a registered process server
No matter which method of service you choose, the defendant must be served by a certain date or the trial will be postponed. If the defendant lives in the county, service must be completed at least ten days before the trial date. This period is 15 days if the defendant lives outside the county.
Small Claims Advisor
For assistance with your small claims matter, please contact the Self-Help Resource Center by telephone at 559-737-5500 or by email at tcscselfhelpinfo@tulare.courts.ca.gov.

Contact Information
Tulare County Superior Court
Small Claims Division221 South Mooney Blvd
Room 201
Visalia, CA 93291​​​​​​​
​​​​​​​Phone: 559-730-5000

 

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Small Claims Advisor | Superior Court of California | County of Tuolumne
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Small Claims Advisor

The Small Claims Advisor provides resources and answers to specific questions. Please view the information on this website and other resource Links which may answer all of your questions.

Before contacting the Advisor, you should download or pick up Small Claims forms from the Civil/Family Law Division located on the first floor of the new courthouse at 12855 Justice Center Drive, Sonora, CA, 95370, and complete them.
These forms are also available on the California Courts website.
Small Claims assistance is also available in person at the Court's Self Help Center
Located on the first floor at the same address indicated above.
Small Claims assistance provided by phone is available by calling the Small Claims Advisor for Tuolumne County:
Hal Channell (209) 532-8399

What Can the Small Claims Advisor Do For Me?
The Advisor can answer your questions about Small Claims and:
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.
Small Claims Advisory Clinic: Sacramento Superior Court

During an Advisory Clinic session, an attorney will meet with you and provide legal advice regarding Small Claims issues, from legal advice, from filing a small claims case to collecting a judgment.
	

Why Use the Advisory Clinic?

 	The Advisory Clinic can be beneficial to both plaintiffs and defendants. Attorneys are specially trained to help people with looking legal advice
 	and insight into court proceedings. The Advisory Clinic allows the parties to get answers to common questions regarding Small Claims disputes,
 	court process, legal options and rights for both plaintiffs and defendants, and what forms to complete to file a case or to respond to a case
 	that has been filed. 

Benefits of the Advisory Clinic
Before Going to Court

How to file your case 
Where to file your case 
Time limits 
Naming the Plaintiff & Defendant 
Subpoenas/Witnesses 
Evidence
Changing your court date 
Suing The Party who is suing you 
Mediation
Bad Check Stop Payment 
Suing Government Agencies 
Preparing for court

After the trial

Appealing the judgment 
Default Judgment 
Collecting the Judgment 
Recovering cost and interest 
Satisfaction for Judgment 

Answers to Common Questions

Do I have a case?
How much can I sue for?
Who do I sue?
How long do I have to sue?
Where should I sue?
How do I file a case?
How do I serve the claim?
Can I sue someone back?
How do I prepare and present evidence?
How do I appeal or change the judgment?
How do I collect my judgment?

How Does the Advisory Clinic Work?

 	The Small Claims Advisory Clinic is open for in-person advice and form review. For legal advice or to speak with an attorney
 	advisor over the phone, call (916) 875-7846. If prompted, leave a message, and an attorney will return your call within two
 	business days. For less immediate advice, email the Advisory Clinic your circumstances and questions anytime at:
 	scudadvisors@saccourt.ca.gov and get a response during regular court hours.
Serve your Defendant's Claim | California Courts | Self Help Guide
You may have to ask the court to move your court date out by filing a Request to Postpone Trial (Small Claims) (form SC-150) 10 or more days before the court date. Then make a copy for everyone in your case and have a copy of this form served in person or by mail on all of them. More information on changing your court date.

 

Have your server deliver the Claim

Your server must find the person they need to serve and hand the Claim to them before your deadline. As they hand the forms to the other side they need to:
Tell the person what the forms are about (something like “a small claims lawsuit”)
Write down the address where they handed the person the forms
 Write down the date and time they gave the other side the forms
The server needs to keep track of this information to fill it in on the Proof of Service form in the next step.
What if the person isn't at home or work? 
If the person you need to serve isn’t at home or work when your server comes to serve them, but there's someone 18 or older who is, your server may be able to do substituted service. Learn about substituted service.

Have the server fill out the Proof of Service form
You can use Proof of Service (form SC-104).
It helps if you fill in the top part of the form with the case and court information.
Your server can then fill in the information about how, when, and where they served the papers. Your server must sign the Proof of Service form.
The server should then give you the Proof of Service form back to you.

Copy and file Proof of Service

Make one copy of your filled out Proof of Service form.
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).

Go back to an overview
 See all the steps of a small claims case
 

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Self-Help Small Claims | Superior Court of California | County of Tuolumne
Self-Help Small Claims | Superior Court of California | County of Tuolumne

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Self-Help Small Claims | Superior Court of California | County of Tuolumne
Proof of service must be submitted to the court at least 5 days before the trial date.

Service on Defendant

You must serve every defendant you sue by one of the following methods:
Personal service using sheriff’s office representatives.
Private process servers.
Disinterested party. (A disinterested party is anyone over the age of 18 years who is not a party to the claim.)
Certified mail by the court.
If you want the court to serve the defendant(s) by certified mail, you will be charged $10.00 for each defendant to be served. You must contact the court two weeks prior to the hearing date to find out if the service was successful.
If you are unable to serve the defendant(s), you must reschedule the hearing date and attempt to have the defendant(s) served in one of the other ways listed above.
If you choose to have the defendant(s) personally served, you must file a properly completed proof of service form with the court at least five (5) days before the hearing date.

Plaintiff's Claim and Order to Defendant

Defendant must appear at the time and place set for trial. A failure to appear may result in the entry of a default and judgment against defendant.

Defendant's Claim and Order to Plaintiff

Defendant may file a defendant’s claim and order to plaintiff in the same small claims court before the date and time of hearing, if it is believed that plaintiff owes defendant money as a result of the dispute. If a case against the plaintiff is filed, the same rules and procedures above will apply.

Preparation for Trial

Evidence of the claim or defense (any receipts, letters, invoices, canceled checks or photographs) should be brought to court. A subpoena duces tecum may be requested to obtain evidence from a witness. This is a court order commanding a witness to bring certain documents or records to the hearing.
Each party to the case may serve subpoenas on witnesses who can give testimony to help with their case. The subpoena is a court order compelling the witnesses to appear and testify.
Litigants must notify the court in advance if they require the assistance of an interpreter.
Before you start a small claims case | California Courts | Self Help Guide
Your landlord didn't return your security deposit. You could bring photos of the clean home with timestamps that show when the photos were taken or have your friend who saw the clean home come to your court hearing to talk about it.

Give yourself time to get the proof you need. It can sometimes take months to get the proof you need. For example, you may need a court order to get business or medical records (a subpoena). If you start a small claims case, make sure you leave enough time to get the proof you need before your court date.
 

You don't have an agreement that says you can't sue
Sometimes written agreements (if there is one) say you have to stay out of court if you and the other side don't agree.
Or, it says that everyone has to go to:
Mediation (try to work things out with someone neutral)
Arbitration (like hiring your own judge)
before, or instead of, opening a court case. 
Suing your attorney? Many attorney-fee contracts have rules about this. Learn more  
Many attorney-fee contracts have rules about going to arbitration before suing. Check your agreement to see what it says. If you need or want to go to arbitration, see the steps you'll need to take before you can sue.

You haven't passed the deadline to sue

There are filing deadlines called Statutes of Limitation. Deadlines are different for different types of cases. 
Some common deadlines:
Written agreement - 4 years from when broken
Unwritten (verbal) agreement - 2 years from when broken
Personal injury - 2 years from injury
Property damage - 3 years from when damaged
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?
Self-Help Small Claims | Superior Court of California | County of Tuolumne
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:
The dispute occurred in Tuolumne County. 
The injury occurred in Tuolumne County. 
The person being sued lives in Tuolumne County. 
The firm being sued does business in Tuolumne County. 
A filing fee must be paid for each claim that is filed. Those who believe they are unable to pay the filing fee may request a fee waiver.
 
Click here to access the fee schedule.
You need to:
File the original claim and one copy with the clerk’s office.
Make two copies of your claim for each named defendant.
Make one copy to keep for yourself.

Notice to Defendant

A copy of the plaintiff’s claim and order to defendant must be served on the defendant. Proper legal notice must be given to the person being sued. This is called service of process. The defendant may be served in three ways:
Service by a law enforcement officer.
Personal or substitute service by anyone who is over age 18 and not involved in the case.
Certified mail by the clerk of the court.
The person who served the form must complete a proof of service that states exactly when and where the defendant was served. Proof of service must be submitted to the court at least 5 days before the trial date.

Service on Defendant

You must serve every defendant you sue by one of the following methods:
Personal service using sheriff’s office representatives.
Private process servers.
Disinterested party. (A disinterested party is anyone over the age of 18 years who is not a party to the claim.)
Certified mail by the court.
Self-Help Small Claims | Superior Court of California | County of Tuolumne
As the plaintiff in the case, you are the one requesting judgment. Be ready to answer questions the judge may ask, such as, "How did you arrive at the amount of the claim?"
The court may keep the exhibits you present. If you need copies of your records to retain, you should make those copies before you come to court.
Interpreter
Litigates must notify the court in advance if they require the assistance of an interpreter. Click HERE to go to the Interpreter Information page.

Day of Trial

If your name is on the calendar, when the courtroom is unlocked, please take a seat in the courtroom and remain in the courtroom until roll is taken and the oath has been administered.
When roll is taken, if you are representing someone else, please advise the clerk taking the roll of that fact, and give him or her your name and correct spelling. Be sure to notify the clerk of any change of address.
After roll is taken, if you have not already done so, give the opposing party copies of your exhibits or let the opposing party see the exhibits you plan to present to the court. The opposing party must have a chance to read the exhibits before the judge sees them. You will delay the time of your trial if you do not give these copies to the opposing party ahead of time. Keep your original exhibits until your case is called.
Cases may possibly not be called in the order listed on the posted calendar.
Mediation is highly regarded as an excellent alternative to a trial. An ADR (Alternative Dispute Resolution) representative (mediator) will be at court on the day and time of your hearing to help you resolve your case.
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 Superior Court of California - County of Ventura - FAQs
If a court reporter was present at the proceeding, a copy of the transcript may be purchased by contacting the court reporterâs office at (805) 289â8989.

For more information please visit our Records page.

Small Claims

Q:  How much can I sue for in Small Claims court?
A:  Your claim cannot ask for more than $5,000 if you are a business or public entity or for more than $10,000 if you are a natural person 
 (including a sole proprietor). If you have a claim for more than this amount, you may sue in the civil division of the trial court or you may sue in the 
 small claims court and give up your right to the amount over the limit. You cannot file more than two cases in small claims court for more than $2,500 
 each during a calendar year.

Q:  May I sue for the recovery of property?
A:  Small claims court is for the recovery of money only.

Q:  How do I file a claim?
A:  The forms to file a small claims case can be located on the court website under Online Forms by selecting the Judicial Council hyperlink. 
 If you do not have access to a computer, you may either come directly to the clerkâs office to fill out the appropriate paperwork or have the paperwork 
 mailed to you by sending in your request along with a self-addressed stamped envelope. There is also a Small Claims Kiosk in the clerkâs office where 
 you can complete the claim form online by answering questions. This is an easy process and if used, the clerk will print your claim forms for you for no cost.

Q:  How old do I have to be to file a claim?
A:  You must be at least 18 years of age 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, a relative or an adult friend.

Q:  How much does it cost to file a claim?
A:  See the fee structure below.
Cases for $12,500 or less | California Courts | Self Help Guide
Cases for $12,500 or less | California Courts | Self Help Guide

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Deciding between small claims and limited civil
If you are an individual and want to file a lawsuit for $12,500 or less, you have the option to file either a small claims case or a limited civil case. If you are a business entity, like a corporation, you can file in small claims court for $6,250 or less. Depending on your situation, there may be an advantage or disadvantage to filing your case in one or the other. 
 

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Small claims or limited civil
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.