Understanding Small Claims Court

Small claims court is the place where small civil disputes can be settled quickly and simply. In claims court, both sides represent themselves: there are no lawyers or juries, and the judge helps the parties to present their evidence and asks many questions. In this way, people can resolve disputes over damages or small amounts of money very easily.

The typical small claims court hears cases involving claims of less than $7,500. This means that you can file a civil suit for such things as landlords who will not return your security deposit, damage to your car, damaged merchandise, and many other reasons. The amount of money you can ask for in a claims court suit typically must be less than $7,500, though some states may differ on this amount.

Claims Court Fees and Paperwork

There are fees involved in filing claims court motions. You must talk to the claims court administrator at your county courthouse to find out the exact fees and papers which must be filed. Typically, you can file the initial claim for less than $100 and sometimes less than $50, depending on the amount of the claim. These court fees can be recovered as damages in the final case, but you must ask for them to be returned to you.

If you realize you made a mistake after you filed, you can file an amendment for another small fee. The important thing to remember is that you cannot change the amount of damages you are asking for on the day of the trial—whatever you stated in your motion is what the judge will consider.

What to Know If You are the Defendant in a Small Claims Court Case

Notice to appear in a claims court case may be served in person or by mail. If you receive a notice to appear, do not ignore it: If you do not appear at the court on the day of the trial, you automatically lose. If you know you will not be able to appear, you may ask the court to change the date.

Everyone involved in a claims court case is required to provide their own evidence. This can include pictures, written agreements of any kind, transcripts of telephone conversations, receipts, leases, and any other documents which prove that the claim should be dismissed. Bring everything with you on the day of the trial because the judge will tell you what is admissible and what is not.

Witnesses can be called in claims court cases. They are under oath and must tell the truth. The testimony of witnesses can be an important part of the case.

Final Judgment

The judge is the final authority in a claims court judgment. Usually, he or she will consider the evidence for several days before issuing a letter to the parties about the judgment. Appeals can be filed if either of the parties disagrees with the judgment.

Resources

Every county claims court follows similar procedures, but you must contact the court administrator in your jurisdiction to find out fees and process. A good general FAQ about claims court can be found on the California Courts Self-Help Center website (

http://www.courtinfo.ca.gov/selfhelp/smallclaims/).