Statutes: Annotated California Codes, Code of Civil Procedure, Part 1, Title 1, Ch. 5.5, Sections 116.110-950.
Dollar limit: $7,500, except that a plaintiff may not file a claim over $2,500 more than twice a year. Suits of behalf of local public entities are exempt from this filing limit. $4,000 is the limit for suits involving a surety company or licensed contractor.
Where to file: Where defendant resides or injury occurred. Contracts Where performance expected. Consumer contracts Where signed. Corporation resides where it does business.
Service: Certified or registered mail, sheriff or court-approved disinterested adult.
Hearing Date: Defendant in country: 10-40 days after summons issued. One or more defendants outside country: 30-70 days after summons issued. All other cases: 90 days after summons issued.
Attorneys: Not allowed unless attorney represents self.
Transfer: If defendant counterclaims for more than $5,000, counterclaim removed to higher court if judge permits.
Appeals: By defendant (or plaintiff who lost on a counterclaim) for new trial; to Superior Court within 30 days. Plaintiff may not appeal on a judgment, but may make a motion to vacate the decision due to clerical error or a legal mistake.
Special provisions: Equitable relief available. Right to sue may not be transferred. Judge may determine payment schedule. Interpreters available. Small claims advisor available at no cost. Court may order arbitration. Assignees (collection agencies) cannot sue in Small Claims Court. No eviction cases.
Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.
<
Report Your Experience If you've had a bad experience -- or a good one -- with a consumer product or service, we'd like to hear about it. All complaints are reviewed by class action attorneys and are considered for publication on our site. Knowledge is power! Help spread the word. File your consumer report now.
Terms of Use Your use of this site constitutes acceptance of the Terms of Use
Advertisements on this site are placed and controlled by outside advertising networks. ConsumerAffairs.com does not evaluate or endorse the products and services advertised. See the FAQ for more information.
Company Response Welcome If complaints about your company appear on our site, we welcome your response. Please see the Response Form for more information.
For more information, see the FAQ and privacy policy. The information on this Web site is general in nature and is not intended as a substitute for competent legal advice. ConsumerAffairs.com Inc. makes no representation as to the accuracy of the information herein provided and assumes no liability for any damages or loss arising from the use thereof.
