Suing in California Small Claims Court: Repost of the California Courts Official Guide
The following is reposted information.
Repost: California Courts official Self-Help Guide, "Small Claims in California"
Original link: California Courts Self-Help Guide: Small Claims in California
Small claims basics: Small claims court allows you to sue a person, business, or government agency that you think owes you money. Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you are suing as a business). You can ask a lawyer for advice before you go to court, but a lawyer cannot go with you or represent you in court.
Costs and timing: The filing fee is between $30 and $100. If you cannot afford it, you can ask the court for a fee waiver. Once you file, your court date (trial) is typically set about 1 to 2 months out.
Limits of small claims court:
- You cannot have a lawyer represent you.
- If you win, you have to collect the money yourself; the court does not do it for you.
- If you started the case and lose, you cannot appeal — the judge's decision is final. You can appeal if you were sued, or if the other side countersued you and you lost.
- You cannot file more than twice in one calendar year for claims over $2,500.
Example — security deposit disputes: A landlord did not return the deposit after move-out and did not send a letter explaining the deductions within the time the law requires. The law allows a tenant to sue for more than the deposit amount to penalize a landlord who does not follow the law; if the landlord kept the deposit in bad faith, the judge may award up to two times the deposit in damages. See California Civil Code section 1950.5. The California Courts also publish a "Guide to security deposits in California"
The above is reposted from the California Courts official website, with original links provided. For informational purposes only; not legal advice.
Published by GSM · USA (original Chinese edition)
Photo: Lobo 摄，CC BY 2.0（Wikimedia Commons）
