The Great Seal of California

The Great Seal of California

Superior Court of California County of Santa Clara
 
 

Small Claims Court

   Bullet Small Claims
     Home

   Bullet Small Claims
     Fees

   Bullet Small Claims
     Forms

   Bullet Small Claims
     Rules

   Bullet Superior Court
     Home

   Bullet
Self Service

     Small Claims Home
   Bullet Case Info

 

 
Shim  
 

Small Claims

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 can’t 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 can’t 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.

 

 

Shim  
 

Contact the Court      © 2008 - Superior Court of California      Disclaimer

Contact the Court      © 2008 - Superior Court of California      Disclaimer