California Small Claims Court

Plaintiffs & Defendants

In California lawyers are not permitted to represent litigants in Small Claims Court.

Both Parties must represent themselves in a simplified version of a typical court proceeding - (similar to the various daytime television shows surrounding judicial disputes). Plaintiffs are the parties who start a lawsuit from filing the claim forms, and the defendants are the parties defending against the claim and allegations within it. If the defendant(s) does not show up to the hearing date provided to them by service then generally the plaintiff will win by default.

Small Claims Limit

The maximum amount that can be recovered in small claims court depends on what county where the event which spawned the lawsuit took place.

Generally, the small claims limit in California falls between ten thousand dollars and twelve thousand dollars and can be based on whether you're suing an individual or an entity.

Consider Before Filing

Before you file in small claims court, it’s important to know how you’ll end up getting paid if you win. It’s not as if the judge will order the defendant to empty his pockets in the middle of the courtroom. That’s why before you file or hire someone to file, make sure you do your research on any assets owned by the person you’re suing.

For Example:

If you’re suing a property owner over a security deposit, then you know the defendant has at least one real property asset. Personal property on the other hand is anything that can be moved and that is not fixed to a permanent location.

Getting Sued

If you are being sued and think the plaintiff is in fact the person that owes, just showing up to the hearing will not provide an opportunity to have a judgement issued. It must be stated through a counter claim, which must be pleaded and filed just as the initiation claim was. However, if your goal is to just have the case dismissed, making an appearance at the hearing and stating why you don't believe the plaintiff is entitled to a judgment is sufficient enough. Ultimately the facts that each party provides will determine the outcome of the case.

What We Do

Along with the preparation & filing of the necessary forms, including properly labeled exhibits, we also research if the dispute is in violation of an existing statue that can be referenced as part of the case.

When to Start Collecting Your Judgment Small Claims

You must wait 30 days after the Judgment is entered or mailed to collect your small claims judgment. This gives the defendant the opportunity to appeal. There is no longer a wait time after an appeal. • If the defendant appears at the hearing and lost, he or she has 30 days to file for an appeal. If there is no appeal, you can start collecting after this period of time. If the defendant chooses to appeal, there will be a new hearing date at the superior court. If you win at this new hearing, you can start collecting upon receipt of the new judgment, which usually occurs within 10 days.

If the defendant failed to show up at the hearing and lost, you would also have to wait 30 days from the date of judgment to start collecting. The defendant, however, has the option to file a motion to vacate judgment within 180 days after the date of the original judgment. Based on the defendant’s reason for not appearing at the hearing, the judge may allow the motion to vacate the judgment. One good reason would be that the defendant was not served properly or on time. If the judge approves the motion and sets another date for a hearing, you must wait another 30 days from the date of the new judgment to collect. If the motion to vacate was denied, you can start collecting; however, the defendant can still appeal the denial of the motion. It is a complicated process and rarely happens; however, if the defendant does so, you must wait until the appeal is resolved. Civil: There is no waiting period unless the court has ordered a stay pending appeal.

IF YOU HAVE ANY QUESTIONS ON THE SMALL CLAIMS PROCESS, CALL US AT.

951 525 1340

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So Cal Small Claims Courthouses

Small Claims Hearing Locations For Riverside County

Corona Courthouse
505 S. Buena Vista Ave.
Room 201
Corona, CA 92882

(951) 777-3147

Serving: Corona, Mira Loma, Norco, Riverside

Banning Justice Center
311 E. Ramsey Street
Banning, CA 92220

(951) 777-3147

Serving: Banning, Beaumont, Cherry Valley Springs, Cabazon, Whitewater, Calimesa, Idyllwild, Mountain Center, Unincorporated areas of Riverside County

Small Claims Hearing Locations For San Bernardino County

Fontana Courthouse
17780 Arrow Boulevard
Fontana, CA 92335

(909) 350 9322

Serving: Crestmore, Devore, Fontana, Rialto, unincorporated areas of Lytle Creek Canyon and Bloomington, Alta Loma, Chino, Chino Hills, Etiwanda, Guasti, Montclair, Ontario, Rancho Cucamonga, Upland, parts of Pomona, and unincorporated areas of Mt. Baldy, San Bernardino, Colton, Devore, Grand Terrace, Loma Linda, Bryn Mawr, Highland, Yucaipa, Redlands, Green Valley Lake, Skyforest, Crestline, Valley of Enchantment, Twin Peaks, Blue Jay, Lake Arrowhead, Arrowbear, Rim Forest, Running Springs, Cedar Glen, Cedar Pines Park, Crestforest, Lake Gregory, Areas of Lake Silverwood, Snow Valley, unincorporated areas of Angelus Oaks, Barton Flats, Forest Falls and Mentone.

Small Claims Hearing Locations For Los Angeles County

Filing Court Locator - Online Services - LA Court

Small Claims Hearing Locations For Orange County

There is only a single courthouse in Orange County that hold small claims hearings.

Central Justice Center
700 Civic Center Drive West
Santa Ana, CA 92701

(657) 622-6878

What is a Legal Document Assistant?

In California a Legal Document Assistant is an independent paralegal licensed and qualified by the state. The primary aspect of a Legal Document Assistant is to expand the affordability of judicial access. We have been conditioned to believe we need to hire an attorney to handle all legal matters. However, besides criminal cases where one's freedom is at jeopardy, California has encouraged self representation in many forms through the California Judicial Branch. As such, Legal Document Assistants are permitted to perform many of the same functions of attorneys in the absence of providing legal advice. When planning to use a Legal Document assistant, it's beneficial to know what you need before you enlist one. Just in case you're unsure, here is a comprehensive list of some of the most common requests.