Small Claims Court
Who can file a claim?
Prerequisites to filing a small claim
Where to file
Naming the defendant
Notifying the defendant
What if the defendant has a claim against the plaintiff?
Mediation
Case Preparation
Interpreters
When do I know the outcome of the trial?
Postponing the trial date
What happens after the judgment is entered?
How can I enforce my judgment?

Small Claims Court

Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules have been simplified and the proceedings are less formal than in regular court. The person who files the lawsuit is called the plaintiff. The person who is being sued is called the defendant. In small claims court the parties (plaintiffs and defendants) cannot be represented by an attorney, although they may consult with an attorney before going to court. Small claims court has jurisdiction (the legal right to decide cases) in disputes up to $5,000. If you have a claim for more than $5,000, you can either file a limited civil case (for claims up to $25,000), or an unlimited civil case in superior court (for claims over $25,000), or you can give up your right to the amount of your claim over $5,000 and have the matter decided in small claims court.

You are limited to filing two cases per calendar year in small claims court in which the claim amount exceeds $2,500. If you are suing a guarantor (a person or entity which guarantees the performance of an obligation of another, such as a bonding company, co-signor, or indemnitor), the jurisdictional limit in small claims court is $2,500, and the $5,000 limit does not apply.

You must be at least 18 years old to file a claim in small claims court. If you are under 18, you can pursue your claim through a guardian ad litem (a person appointed by the court to act for you in the case). You must request the court appoint a guardian ad litem, and indicate to the court who you want the guardian ad litem to be. Usually you have a parent, relative or close adult friend act as the guardian ad litem.

If the plaintiff is a corporation, it can "appear" in small claims court through an officer, director or authorized employee. If the plaintiff is an unincorporated association, or an entity other than a Anatural person a regularly employed person of the entity must act on its behalf. A person who appears on behalf of an entity must not be employed or associated solely for the purpose of representing the corporation or other entity in small claims court. If you are representing an entity in small claims court you will be required to file a declaration (written statement under penalty of perjury) affirming that you were not hired or retained just to appear in court.

Prerequisites to filing a claim

A person who sues in small claims court must first make a demand (a formal request for payment or return of property), if possible. It is a good idea to make the demand in writing, so you have proof when you come to court.

If you want to sue a government agency, you must first file a tort claim (a claim for damages based on a civil wrong committed against you) with the agency before you can file a lawsuit in court. As a general rule, you must file the tort claim no later than six months after the act or event which forms the basis of your claim occurred.

You must sue in the correct court and judicial district. This is referred to as the proper venue. If you file your claim in the wrong court, the court will dismiss the claim unless all the defendants personally appear at the hearing and agree that the claim may be heard. To determine the proper venue for filing your claim, you should consider any of the following criteria:

1. Where the defendant lives or where the business involved is located.
2. Where the damage or accident occurred.
3. Where the contract was signed or was to be performed.
4. If the defendant is a corporation, where the contract was breached (violated or broken).
5. For a retail installment account (purchase of a consumer item with payments over time), sales contract or a motor vehicle finance sale (car purchase with payments over time), venue is determined by:

a. Where the buyer lives;

b. Where the buyer lived when the contract was entered into;

c. Where the buyer signed the contract;

d. Where the goods or vehicle are permanently kept.

You must sue the defendant using his, her or its exact legal name. If the defendant is a business entity or a corporation and you do not know the exact legal name, you can check with the local government agency which licenses the business, such as the county clerk’s office for a fictitious business name statement, or the Secretary of State, Corporate Status Unit for a corporation, limited partnership or limited liability company. The small claims advisor in the District Attorney’s office can help you to find this information.

Before the court can exercise jurisdiction over the person (have the power to order the defendant to do something), the defendant must be aware of the lawsuit and be given an opportunity to defend the claim. This is called due process, and it is a fundamental right guaranteed to us in the Constitution. It means that the government will not take away rights, liberty or property without first notifying the person who is to lose those rights, and giving him or her the right to appear and object. Because due process is a fundamental constitutional right, the rules for giving notice to a defendant require strict compliance.

The correct way to notify a defendant about a lawsuit is by service of process. This means that a copy of the complaint filed in the court must be given to the defendant by one of the following means:

1. Personal service. You may ask anyone who is not a party in your case and who is at least 18 years old to serve (give) a copy of the court papers on the defendant. The person is called the process server, and must personally give a copy of the court papers to the defendant. If several attempts have been made to personally serve the defendant, but the defendant has not been seen, the process server can complete a declaration of due diligence and serve the defendant by substituted service.
2. Substituted service. Only after making several attempts at personal service can a defendant be served by substituted service. In substituted service a person other than the defendant can be served on the defendant’s behalf so long as the papers are served (a) at the defendant’s business with the person in charge; or (b) at the defendant’s home with a competent person who is at least 18 years old. The person who receives the court papers must be told about their contents. Another copy of the same court papers must be mailed, first class, postage prepaid, to the defendant at the address where the paper was left. The service is not complete until 10 days after the copy is mailed.
3. Certified mail. For small claims cases only, you may ask the Clerk of the Court to serve the defendant by certified mail. The clerk will charge a fee for this service. You should check back with the court prior to the hearing to see if the receipt for certified mail was returned to the court. Service by certified mail must be done by the clerk’s office, not by anyone else.

YOU CANNOT SERVE PAPERS ON THE DEFENDANT YOURSELF. YOU MUST USE A NON-PARTY. Professional process servers are available for hire, and the sheriff’s department can also serve legal papers for a fee.

No matter which method of service is used, the defendant must be served at least 10 days before the trial date if he or she lives in the county, and at least 15 days of the defendant lives outside the county. If service is not completed in time, the trial will need to be continued (postponed).

Sometimes the defendant will have a claim against the plaintiff who filed the lawsuit. This claim is called the defendant’s claim in small claims court, and a cross-complaint in other courts. The court permits the defendant to file the cross-complaint in the same lawsuit so that all disagreements between the parties can be resolved at the same time.

If the defendant decides to file the claim in small claims court, the claim may not be for more than $5,000. If the claim amount exceeds $5,000, the defendant can either waive (give up) the excess amount and pursue the claim in small claims court, or the defendant can file a motion to transfer the small claims case to the appropriate court for the full value of the claim.

The defendant’s claim must be served on the plaintiff at least 5 days before the trial. If the defendant received the plaintiff’s claim 10 days or less before the trial, then the defendant’s claim must be served at least 1 day before the trial.

Both claims will be heard by the court at the same time.

The court includes information about mediation in the papers to be served on the defendant. Mediation is a form of alternative dispute resolution, commonly referred to as "ADR." It involves negotiating a settlement with the aid of a mediator. The mediator is a neutral person, specially trained in conflict resolution. He or she will help the parties find their own solution to their dispute, but will not impose a solution, or make a decision in the case. If the dispute does not settle, the parties may still pursue their case.

Mediation allows parties to a dispute to resolve their differences in creative ways that extend beyond the limits of the courts. When a judge decides a case, he or she simply applies the law to the facts and renders a decision on that basis. Practical or emotional considerations may not affect the decision, although they may seriously affect the parties. By solving their own disputes, parties can craft resolutions which address concerns on both sides, take into account practical considerations, and provide a more beneficial result for all. Also, parties are often more willing to honor an agreement they reached themselves, than to follow an order imposed upon them.

The Ventura Center for Dispute Settlement is a non-profit, community based mediation program serving residents of Ventura County. The telephone number for VCDS is (805) 650-9202. If you are interested in mediating a dispute you can contact VCDS, and VCDS will contact the other side.

The Ventura Superior Court also has a brochure available listing court approved mediators.

If you do settle your case before trial you must notify the court by filing a dismissal with the court clerk. You can obtain a form for the dismissal from the court clerk.

You can prepare your case yourself, or you can consult with an attorney about the applicable law and preparation for trial. You can also receive assistance from the small claims advisor in the District Attorney’s office. If you are going to prepare the case yourself, you may wish to research the legal theory by which you are seeking relief from the court. There are books available in the Ventura Superior Court Self-help Legal Access Center, and in the Law Library, which explain different legal theories and the elements necessary to prove your case. Small claims court is very informal, so you do not have to know the law; however it will improve your chances for success if you can distill the essential elements of the case and present them to the court in a clear and concise manner.

The other side is entitled to see all evidence before it is submitted to the court; therefore, if you plan to bring documents to show the court, you should make extra copies for the other side, and for the judge. It will save time if you can each have a copy to refer to in court, without having to pass the same paper around.

Be sure you are on time for the trial. Although the small claims trial is informal, you must be prepared with all your witnesses, books, receipts and other papers or things needed to prove your case. If your witnesses are not willing to come to court voluntarily, you can request the court clerk to issue a subpoena. A subpoena is a court order that requires the witness to go to trial. The witness has a right to charge a fee for going to the trial. If you do not have in your possession the records or papers necessary to prove your case, you may request the court clerk issue a subpoena duces tecum in advance of the trial date, which orders the documents you are requesting be brought to court for the trial.

There are many cases on the calendar scheduled for the same time, so each case is given limited time. You should describe the events in the case clearly and concisely. Before you present to the court any photographs, diagrams or documents, you must first show them to the other side. If possible, try to watch small claims proceedings in the same department or courtroom where your case is scheduled, prior to the day you are to appear. You will get an idea what the court is like, and the importance of having your case well organized due to the limited time available for each case.

If you do not speak or understand English, you may bring a family member or friend to court with you to interpret. The court will also have a list of interpreters who can interpret for you; however, they may charge a fee, since it is a civil proceeding and free interpreters are only provided by the court for criminal proceedings. If there is no interpreter available, the court must postpone the hearing one time only so that the person needing an interpreter has time to get one.

The judge may give a ruling from the bench (the raised desk or dais where the judge sits) at the end of the trial, or the judge may take the case under submission (further consideration) and send the decision to you by mail. The judge’s decision will be printed on a form called the Notice of Entry of Judgment.

Continuances may be requested for good cause, such as a medical emergency, death in the family, jury duty, or another legitimate matter prohibiting your appearance at the scheduled small claims trail. Either the plaintiff or the defendant may request a continuance. It must be requested in writing and a $10.00 fee must accompany the request.

The request does not guarantee the continuance will be granted. A small claims clerk will contact both parties by phone to see if they agree on the continuance. If they both agree, then the clerk will send out a notice of continuance. If one of the parties does not agree, the clerk will forward the request to the judge and await his or her order. If the judge grants the continuance request, the clerk will sent out notice of the continuance. If the judge denies the request, no notice will be sent, and the parties must appear at the original scheduled hearing date and time.

If the continuance request is submitted too close to the hearing date, there will not be enough time to send notice, so the judge will decide whether or not to grant the request for a continuance at the hearing itself. The parties should be prepared to proceed with the case in the event the continuance request is denied.

The defendant has 30 days to appeal a small claims decision. The plaintiff has no right to appeal, unless the plaintiff was also sued as a cross-defendant on a defendant’s claim or cross-complaint, and the plaintiff lost the case on defendant’s claim.

If the complaint was for money, and the court awards a money judgment in favor of one party against the other, the party who is awarded the money is called the judgment creditor and the party who is ordered to pay the money is called the judgment debtor. Enforcement of the judgment is stayed (postponed) until after the time for appeal ends or until after the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until after the appellate period is over.

There are many ways to enforce a judgment. You can prepare an abstract of judgment form and have it issued by the court, to be recorded in any county in which the judgment debtor owns or may own property. This creates a lien against the judgment debtor’s property. Money can be seized from the judgment debtor’s bank accounts, or garnished from wages. Judgment debtors may be able to claim some assets exempt by filing a claim of exemption with the court. Information about collecting judgments can be obtained from the small claims advisor in the District Attorney’s office. Additional information is available in books in the Ventura Courts Self-help Legal Access Center and Law Library.