While NK Law Group does not provide services for filing small claims, we wish to provide a resource to those who ask for support. Individuals may benefit from taking a claim to small claims court rather than utilizing other avenues available through the court system. If you want to learn how to file in small claims court, let us break down some essential information you should know.
NK Law Group has experience in personal injury law, meaning we support victims subjected to another person’s negligent behavior. These cases typically involve injury and monetary damages. However, certain personal injury cases are better handled through small claims court rather than hiring a personal injury lawyer. . If you have questions about getting support from our personal injury firm, such as after a car accident, slip and fall, dog bite, or similar, please contact us directly. Otherwise, we can help you understand how to navigate small claims courts.
What Cases are Handled in Small Claims Court?
In short, small claims court allows you to sue any person, business, government agency, or entity you believe owes you money. For example, you can sue an individual who has damaged your car but refuses to pay for repairs, a landlord who refused to return your security deposit, or a friend who has not paid you back for money you have loaned them.
Small claims court may be an excellent avenue for you to utilize if you suffered minor injuries and/or if you are suing for less than $12,500, or within other monetary caps.
What are the Monetary Caps for Small Claims Court?
Monetary caps in small claims court can be confusing, as several factors can impact which cap applies to your circumstances. For example, a natural person may dispute up to $12,500. A business may dispute up to $6,250.
You may file up to two disputes yearly, but each claim may not exceed $2,500. An individual can only dispute up to $5,000 in a calendar year.
You can sue a guarantor for a maximum of $4,000. However, if your guarantor does not charge for the service, the maximum is only $2,500.
Some government entities do not apply to these caps and limitations, meaning you can file a claim against a government agency for up to $6,250. You can do this up to twice yearly for an upper cap of $12,500 in a calendar year. You also have the right to file additional times during a calendar year, but those claims must not exceed $2,500.
How to File a Claim in a California Small Claims Court?
To file a claim in California small claims court, you must be aware of several requirements and steps you need to complete.
Select a Place to File
You will file your claim at the appropriate court, but you must select a proper location. For example, you should choose a court location that is near one of the following:
- Where the person you are suing lives
- If you are suing a business, that entity’s physical location
- Where your contracts were signed
- Where you were wronged, such as near the location of a car accident
For example, if you are suing a business in Alameda County, you might file through the Superior Court of Alameda County. While NK Law cannot support clients with a claim in small claims court, the Superior Court of Alameda County also provides information for Small Claims on its website. You can find downloadable forms you can complete on this website, but the forms you fill out will depend on your exact circumstances.
Cost to File
Different filing fees are depending on the amount you sue for, which look like the following:
- $30 filing fee for claims up to $1,500
- $50 filing fee for claims ranging from $1,500.01 to $5,000
- $75 filing fee for claims ranging from $5,000.01 to $12,500
Additional costs may apply if you enlist legal support during the claims process.
Time Limits
Your claim has a statute of limitations, depending on the exact circumstances. The following details how much time you have to file:
- Fraud: Three years from the date you discover you have been subjected to fraud or defrauded
- Property damage: Three years from the day the damage occurred
- Written contracts: Four years from the day the contract was broken
- Oral agreements: Two years from the date the contract was broken
- Personal injury: Two years from the injury date or from the day you discover your injury
If you do not file your case in time, the judge may dismiss it.
Serve the Defendant
You must personally serve the person you are suing, meaning someone (other than you) must hand deliver a a copy of your Plaintiff’s claim.
Next, the person that served the defendant must complete form SC-104 Proof of Service, which must be filed with the court at least 5 days before the hearing date.If you get support from a Sheriff or another Registered Process Server, they file the SC-104 for you.
Prepare for Court
Lawyers are not allowed to represent you in small claims court, so you will be representing yourself in front of a judge. You may appear to the court in person, over the telephone, or through video or virtual call. Regardless of your appearance, you must submit copies of evidence to the court and other parties. These copies must be submitted at least ten days before your hearing.
You will be required to complete form LASC CIV 278 and use mailing labels LASC CIV 279. When you mail these, the Post Office will provide forms proving parties were mailed evidence. You will also need to bring proof to the court to prove to the judge that you are owed money. We encourage you to bring at least two copies of any evidence you have. One will be provided to the judge, the other to the defendant.
Additional Considerations
It is important to note that additional steps may apply to your claim, especially if you postpone your court date once it has been selected. There may also be further steps if the defendant decides to counter-sue.
Additional resources can be found here: https://selfhelp.courts.ca.gov/small-claims