Give it a try! 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 called the plaintiff. The person who is sued is called the defendant. You are not allowed to have a lawyer represent you at the hearing in small claims court.
But you can talk to a lawyer before or after court. If you are not mentally competent, or you are under 18 years old and not emancipated , a judge must appoint a "guardian ad litem" to represent you in small claims court. A guardian ad litem is an adult appointed by the court to represent you ONLY in the case in question.
This limit on businesses does not apply to sole proprietors, who are treated as natural persons. Collections agencies cannot sue in small claims court to collect on debts that are assigned to them. There are different kinds of cases you can file in small claims court. Some common types of small claims cases are disputes about:. The deadline to file a lawsuit is called the statute of limitations. Most lawsuits MUST be filed within a certain amount of time. In general, once the statute of limitations on a case "runs out," the legal claim is not valid any longer.
The period of time you have to sue someone varies depending to the type of legal claim. Here are the statutes of limitations for some common types of legal disputes:. It is not easy to figure out if it is too late to file and even knowing whether a contract is written or oral can be very difficult.
If you are not sure, get advice from the small claims advisor or a lawyer if you can, and if not, file your case and let the judge decide.
The filing fee is based on the amount of your claim and the number of claims you have filed in the past 12 months: Currently, the filing fees, if you have filed 12 or fewer claims in the past 12 months, are:. Filing fees change, so make sure you check to see what the current filing fees for small claims cases are at the time of your filing. If you are suing someone, you must go to court.
You will go to court between 20 and 70 days after you file your claim. You cannot send anyone else even a lawyer to represent you in small claims court. But there are some exceptions:. For more information about exceptions, read California Code of Civil Procedure section If you are being sued, you must go to court if you want your side of the case to be considered.
If you do not go to court, a judgment may be entered against you. This would be a judgment based on the evidence that the side suing you provided, without you having a chance to provide any evidence. Many cases are usually scheduled for the same time and the calendar can be very crowded. In some states, appeals must be based solely on the contention that the judge made a legal mistake, and not on the facts of the case.
Other states have their own unique rules. States establish rules called "statutes of limitations" that dictate how long you can wait to initiate a lawsuit after the event giving rise to the lawsuit occurs.
Statute of limitations rules apply to all courts, including small claims. For various statutes of limitations in your state, see Civil Statute of Limitations. Assuming the other party lives or does business in your state, rules typically require that you sue in the small claims court district closest to that person's residence or headquarters.
In some instances, you also might be able to sue in the location court district where a contract was signed, or a personal injury occurred such as an auto accident. Check with your small claims clerk for detailed rules. If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business.
Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy. To learn more about the small claims system where you live, check out Overview of Small Claims Rules. If you want what's owed to you, but you don't want to take on the trouble of bringing a lawsuit, you have a couple of options to consider. First, draft a demand letter explaining why you're owed money, and asking that it be paid within a specific timeframe, such as fifteen days.
For more information, see Demand Letters: The Basics. Also, many states offer community or court-based mediation designed to help parties arrive at a settlement with the help of a neutral third party.
Mediation works best where the parties have an interest in staying on good terms, as is generally the case with neighbors, family members, or small business people who have done business together for many years. This type of dispute resolution can be remarkably successful. Not necessarily. Even if the court decides in your favor, it won't handle collection for you—with the exception that some courts will monitor payments on money judgments. So before you sue, always ask, "Can I collect if I win?
Ask yourself whether the person you're suing has a steady job, valuable real property, or investments. If so, it should be reasonably easy to collect by garnishing his wages if you win.
But some people and businesses are "judgment proof" —that is, they have little money and few assets and aren't likely to acquire much in the foreseeable future.
If they don't pay voluntarily, you may have a hard time collecting your judgment. For people who seem to have no job or assets, ask whether they are likely to be more solvent in the future since court judgments are good for 10 to 20 years in many states and can usually be renewed for longer periods. You'll want to consider now whether the person might inherit money, graduate from college and get a good job, or otherwise have an economic turn-around sometime down the road.
For more, see Representing Yourself in Court. In some states, you can countersue as long as your claim arises out of the same event or transaction. In fact, in some states, you must file a countersue if you have a claim against the other party. Those states don't allow you to sue over the same dispute in a later lawsuit. Learn about small claims court hearings in California small claims court limits.
Filing a small claims lawsuit in California? Find out how to file a small claims lawsuit in California and small claims court limits. April 2, People Clerk helps you with your small claims court lawsuit. Get started. The typical small claims court case takes three steps : File the Lawsuit , Serve the lawsuit , Attend the Hearing. The hearing will be scheduled days after the lawsuit is filed.
Common types of small claims lawsuits What to expect during a small claims hearing. Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice. Small Claims Court in General In California, small claims courts were set up as a quick and efficient forum to resolve disputes.
What types of small claims cases can be filed? Roommate disputes. Disputes over loans. Contracts written and verbal. Auto accidents. Disputes over auto repairs. Disputes over remodeling or home repairs disputes with contractors. Damage caused to property.
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