|
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 your lawyer, for advice before you go to small
claims court.) Small Claims cases in Santa Clara County are heard in the
Palo Alto,
Los Gatos, and
San Martin courthouses.
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 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 it is the
plaintiff's opportunity to ask questions. The judge will usually decide
on a verdict at the end of the trial.
As an individual you can use Small Claims
Court if your claim is for $7,500 or less. If you are an individual who
owns a business (i.e. sole proprietor) and do business under a
fictitious business name, you are considered to be an "individual" in
Small Claims Court. For example, if you are a plumber doing business as
ABC Plumbing and want to sue a customer who has not paid you, you can
file a claim for up to $7,500. If your business is a corporation,
partnership or anything other than a sole proprietorship, your maximum
claim amount is $5,000.
Important note: a claimant
cant file more than two small claims court actions for more than $2,500
anywhere in this state during any calendar year. For example, if you
file a claim for $3,000 in February of one year, and another claim for $4,000
in the following month, you cant file another claim for more than $2,500.00 in
any small claims court until January 1 of the next calendar year. However, you can still
file as many claims as you wish for $2,500 or less.
|
|
|
Small Claims Resources |
|
The Superior Court's
Small Claims Self Service
site has extensive information on filing, collecting, and
mediation options, as well as information on the difference
between Civil Court and Small Claims Court. Also, Self Service
site contains information about about Small Claims
Workshops open to the public.
Calendar and case information for Small Claims cases (as well as other case
types) is available from the Court's
Public Access
Case Information website.
See the
Civil forms
page for Small Claims forms. Also, the
interactive “EZ Legal Form” program that will help you fill
out Small Claims forms. (They must still be filed with the Court
- this is not online filing.)
The State of California also has a
Small Claims Self Help website that you may find useful. |
|