What is Small Claims?
Who can file?
Types of service
If your case is settled before court
Motions to vacate
Small claims appeals
Collection of judgments
Satisfactions of judgment
For more information on Small Claims, visit our
Self-Help page
Small Claims is for the recovery of money only. The maximum amount you can sue for is $5000. You cannot file more than two claims for more than $2500 each during a calendar year. No attorneys are permitted to represent either party. Forms for filing small claims can be obtained at any court location. They are also available electronically at this site.To receive forms by mail send a request with a self-addressed, stamped envelope to the court.
You must sue in the right county. If you file your claim in the wrong county, the court will dismiss the claim. Ventura County is the proper place to file if:
The defendant or the business involved is located in Ventura County.
The damage or accident happened in Ventura County.
The contract was signed or carried out in Ventura County.
For a retail installment account or sales contract or a motor vehicle finance sale: The buyer lives in or signed the contract in Ventura County.
Or, the buyer lived in Ventura County at the time the contract was entered into.
Or, the goods or vehicle are permanently kept in Ventura County.
If your claim occurred in the east end of the county, your case will be set for hearing in the East County Division.
The District Attorney's Small Claims Advisor is
located in the Court house in Ventura and may be reached by calling (805) 654-5054.
You must be at least 18 years old to file a claim. If you are not yet 18, you may ask the court to appoint a guardian ad litem.
A person who sues in small claims court must first make a demand when possible. This means you have asked the defendant to pay and the defendant has refused.
You must be the original owner of the claim.
The defendant must be served with a copy of the claim 15 days prior to the hearing date if they live in county and 20 days prior to the hearing if they live out of county.
The types of service are:
Certified mail. Service by certified mail must be done by the clerk's office. The fee is $7.00 per defendant. You cannot serve the defendant yourself. You will need to check with the court prior to the hearing to see if the receipt for certified mail was returned to the court.
Service by a law officer. You may have the Sheriff serve the defendant for a fee of $30.00 per defendant.
Personal service or process server. Anyone over the age of 18, not a party to the action, may serve the defendant. The person serving the claim must sign a proof of service form showing when the defendant was served and this form must be filed with the court 5 days prior to the hearing date.
If service is not completed your case will be taken off calendar and you will need to reset the hearing and have the defendant re-served.
If the case is settled after the filing of the claim and before the hearing date, the plaintiff must file a dismissal with the court. If the claim was satisfied with payment by check, the plaintiff may want to wait until the check has cleared the bank before filing the dismissal.
If you won the case and the court awarded you money and the defendant does not voluntarily pay the judgment, the court will not collect the money or enforce the judgment for you. You must pursue collection of the judgment. This information is provided on the reverse side of the "Notice of Entry of Judgment" which is mailed to all parties after the hearing.
If you do not have information regarding the judgment debtors income or property, you may make the debtor come to court to answer questions. This is done by filing an order for examination. The court will charge $16.00 to file the order for examination. This order is required to be served on the judgment debtor and may be served only by a sheriff or a registered process server.
After you find out about the judgment debtor's property or income, you may ask the court for a writ of execution. The court will charge a fee of $7.00 to issue the writ. A writ of execution is a court paper, which tells a law officer to take property of the judgment debtor to pay your claim. Examples of the kinds of property the officer may be able to take are: wages, bank accounts, automobiles, business property or rental income.
The judgment debtor may own land or a house or
other buildings. You may want to record an abstract to place a lien so that you will be
paid if property is purchased, sold or refinanced. You can get a lien by recording an
Abstract of Judgment with the County Recorder in the county where the property is located.
The court will charge a fee of $7.00 to issue the abstract. The Recorder will charge a fee
to have the Abstract of Judgment recorded.
If you did not go to the trial, you may ask the court to vacate or cancel the judgment. To make this request, you must file a motion to vacate the judgment within 30 days after the date the Notice of Entry of Judgment was mailed to you. If your request is denied, you then have 10 days from the date the notice of denial was mailed to file an appeal.
If you lost the case on your own claim and the court did not award you any money, the court's decision on your claim is final. You may not appeal your own claim.
If you are the party that was sued and you lost, you may appeal if you disagree with the court's decision.
If you appeared at the trial, you must begin your appeal by filing a form called Notice of Appeal and pay the $87.00 fee within 30 days after the Notice of Entry of Judgment was mailed or handed to you. Your appeal will be in the Superior Court. You will have a new trial and you must present your evidence again. The hearing will include all claims heard in the Small Claims court. You may be represented by an attorney at the appeal.
After full payment of the judgment is made the judgment creditor must immediately file with the court an acknowledgment of satisfaction of the judgment.
If an abstract of judgment has been recorded with the recorder of any county and the judgment is satisfied, the judgment creditor must file an acknowledgment of satisfaction of judgment with the court and serve a notarized acknowledgment of satisfaction on the judgment debtor. Service can be made personally or by mail.
The judgment creditor may be liable for damages
if satisfaction of judgment is not filed with the court in a timely manner.
