SMALL CLAIMS
INFORMATION:
Information sheets, booklets and filing forms are available at the courthouse
or they can be requested by writing to the court and including a check of $8.00
and a self-addressed stamped envelope, 2 stamps are needed on the envelope.
Forms packet is available at a cost of $8.00.
The maximum
claim allowed for small claims court is $7,500. A plaintiff will be limited to
two new filings over $2,500 per year.
Information
sheets, booklets and filing forms are available at the courthouse or they can
be requested by writing to the court and including a self-addressed stamped
envelope.
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Small Claims Filing fees: |
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Filing
claim for $1,500 or less |
$30 |
|
Filing
claim for more than $1,500 but less than or equal to $5,000 |
$50 |
|
Filing
claim for more than $5,000 but less than or equal to $7,500 (claim by natural
persons only) |
$75 |
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Filing
claim by person who has filed more than 12 small claims in |
$100 |
If
you want the Court to notify the defendant by certified mail, there is an
additional charge of $10.00 per defendant.
Notifying
the defendant:
Before
the court can exercise jurisdiction over
the person (have the power to order the defendant to do something), the
defendant must be aware of the lawsuit and be given an opportunity to defend
the claim. This is called due process,
and it is a fundamental right guaranteed to us in the Constitution. It means
that the government will not take away rights, liberty or property without
first notifying the person who is to lose those rights, and giving him or her
the right to appear and object. Because due process is a fundamental
constitutional right, the rules for giving notice to a defendant require strict
compliance.
The
correct way to notify a defendant about a lawsuit is by service of process. This means that a copy of the complaint filed
in the court must be given to the defendant by one of the following means:
1. Personal
service.
You may ask anyone who is not a party in your case and who is at least 18 years
old to serve (give) a copy of the
court papers on the defendant. The person is called the process server, and must personally give a copy of the court papers
to the defendant.
2.
Substituted
service. In
substituted service a person other than the defendant can be served on the defendant’s
behalf so long as the papers are served (a)
at
the defendant’s business with the person in charge; or (b) at the defendant’s
home with a competent person who is at least 18 years old. The person who
receives the court papers must be told about their contents. Another copy of
the same court papers must be mailed, first class, postage prepaid, to the
defendant at the address where the paper was left. The service is not complete
until 10 days after the copy is mailed.
3. Certified mail. For small
claims cases only, you may ask the Clerk of the Court to serve the
defendant by certified mail. The clerk will charge a fee for this service. You
should check back with the court prior to the hearing to see if the receipt for
certified mail was returned to the court. Service by certified mail must be
done by the clerk’s office, not by anyone else.
4.
The process server must complete the proof of
service form, Judicial Council Form SC-104.
PROOF OF SERVICE MUST BE FILED WITH THE COURT
FIVE (5) DAYS PRIOR TO THE HEARING DATE.
If there is no proof of service on file the matter will be dropped from
the Court’s calendar and Plaintiff will have to have the matter reset.
YOU CANNOT
SERVE PAPERS ON THE DEFENDANT YOURSELF. YOU MUST USE A NON-PARTY. Professional
process servers are available for hire, and the sheriff’s department can also
serve legal papers for a fee.
No
matter which method of service is used, the defendant must be served at least 15
days before the trial date if he or she lives in the county, and at least 20
days if the defendant lives outside the county. If service is not completed in
time, the trial will need to be continued
(postponed).
Case
Preparation:
You
can prepare your case yourself, or you can consult with an attorney about the
applicable law and preparation for trial. You can also receive assistance from
the small claims advisor. See below for
information regarding receiving assistance from the small claims advisor. If
you are going to prepare the case yourself, you may wish to research the legal
theory by which you are seeking relief from the court. There are books
available in the El Dorado County Law Library on
The
other side is entitled to see all evidence before it is submitted to the court;
therefore, if you plan to bring documents to show the court, you should make
extra copies for the other side, and for the judge. It will save time if you
can each have a copy to refer to in court, without having to pass the same
paper around.
Be
sure you are on time for the trial. Although the small claims trial is
informal, you must be prepared with all your witnesses, books, receipts and
other papers or things needed to prove your case. If your witnesses are not
willing to come to court voluntarily, you can request the court clerk to issue
a subpoena. A subpoena is a court
order that requires the witness to go to trial. The witness has a right to
charge a fee for going to the trial. If you do not have in your possession the
records or papers necessary to prove your case, you may request the court clerk
issue a subpoena duces tecum in advance of the trial date, which orders the
documents you are requesting be brought to court for the trial.
There
are many cases on the calendar scheduled for the same time, so each case is
given limited time. You should describe the events in the case clearly and
concisely. Before you present to the court any photographs, diagrams or
documents, you must first show them to the other side. If possible, try to
watch small claims proceedings in the same department or courtroom where your
case is scheduled, prior to the day you are to appear. You will get an idea
what the court is like, and the importance of having your case well organized
due to the limited time available for each case.
Interpreters:
If
you do not speak or understand English, you may bring a family member or friend
to court with you to interpret. The court will also have a list of interpreters
who can interpret for you; however, they may charge a fee, since it is a civil
proceeding and free interpreters are only provided by the court for criminal
proceedings. If there is no interpreter available, the court must postpone the
hearing one time only so that the person needing an interpreter has time to get
one.
Important
rules:
No shorts, no
sleeveless T-shirts, no bare midriffs, no “gang attire”, no logos and no hats.
2850 Fairlane Court, Bldg C
Ph. (530) 621-7470
There is a
small claims advisor available every Tuesday from 9:00 a.m. to 12:00 p.m. at
the El Dorado County Law Library located at
1354 Johnson Blvd., Ste 2
Ph. (530) 544-3044
There is a
small claims advisor available every Tuesday from 10:00 a.m. to 1:00 p.m. at