10 Useful Facts About Going to Small Claims Court in California
March 15, 2017
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10 Facts About Going to Small Claims Court
#1. The person who sues is called the PLAINTIFF.
#2. The person who is being sued, is called the DEFENDANT.
#3. You are not allowed to have a lawyer represent you at a small claims court hearing. But you CAN talk to a lawyer before or after court.
#4. You must file your claim within the statute of limitations; these can vary depending on the type of legal claim. They can range from 6 months to several years.
#5. In general, you can’t ask for more than $10,000 in a claim.
#6. Businesses can’t ask for more than $5,000. This doesn’t apply to sole proprietors, generally they can claim up to $10,000.
#7. You can file as many claims as you want in a year, so long as they are under $2,500 each.
#8. You can only file 2 claims in a one year that ask for more than $2,500.
#9. If you were the person who filed the claim, you can’t appeal. However, if you are being sued and lose, you can appeal.
#10. The court will not collect the money for you. Also know that not all judgements are collectable because the debtor may not have any income, or assets of value.
Source: California Courts, The Judicial Branch of California
Learn more at courts.ca.gov.