Free Legal Advice for Small Claims Court: (510) 268-7665 

 Small claims courts can be an effective, low-cost means of resolving disputes. In a small claims court action, a plaintiff files a complaint, and the defendant is served with a copy and allowed 30 days to respond to it. Whether the defendant responds or not, the judge will conduct a hearing on the matter. No attorneys are involved (in fact, an attorney is not allowed to represent you in court), and filing fees and service costs are minimal and are awarded to the party in whose favor the judge rules.

Monetary jurisdiction of small claims courts You may file suit in small claims court as often as you wish, provided the amount in dispute is not more than $2500. You may file suit for amounts of between $2500 and $5000 also, but not more than twice a year.

Before the hearing begins Check with the small claims court clerk to find out exactly where your hearing will be held. Before the hearing begins, the judge or another oficer of the court may explain the court's procedures. Listen carefully so that you will know what to do. Cases will not always be called in the order they are listed on the calendar.

How to present your case When your case is called, you and any witnesses you may have should go forward. Each of you will take an oath to tell the truth. If you are the plaintiff, you will state your case first. You should be brief, to the point, and truthful. You should also be objective and unemotional. You will have only a few minutes to explain your side of the dispue, so you should present your most important points first. Make notes in advance and refer to them when you need to. Have all your evidence and documents with you and available, and offer them for the judge's review. Be prepared to explain how you arrieved at the amount of money you are asking. If you are the defendant, you will tell your side of the story after the plaintiff finishes. If you also had a claim against the plaintiff, your claim will be heard at the same time. Neither of you should interrupt the other, even if you feel the other party or his witnesses are not being truthful or accurate. The plaintiff will have an opportunity afterward to answer the defendant's statements. If you have incurred witness and mileage fees (except for expert witnesses) or feels for serving subpoenas of witnesses and documents in addition to the filing and service fees for the complaint, be sure to ask for them at the hearing. Bring receipts or other documentation with you.

What if one side doesn't show up? If the defendant was properly served but doesn't appear, the plaintiff's side may still testify. If the judge receives enough evidence to prove the plaintiff's case, the judge may rule that the defendant is in default and award the plintiff some or all of the money requested. If the plaintiff notifies the clerk that he or she cannot be there, the judge may postpone or dismiss the case. If an emergency comes up, you should be sure to notify the clerk.

The decision The judge may either decide your case immediately or take it under submission and notify you by mail of the decision.

Can the plaintiff appeal? Can you appeal (that is, request the superior court to hold a new trial of the small claims court case) if you don't like the judge's decision? Not if you are the plaintiff. But as the plaintiff, you can file a Motion to Vacate Judgment, and, if that is denied, may appeal in the same manner as a defendant who appeared. The superior court appeal hearing will be some-what more formal than the small claims court hearing because either side may be (although is not required to be) represented by a lawyer.

Judgment and costs on appeal While the case is being appealed, the defendant does not have to make payments on the judgment. However, if the judgment is upheld, the defendant may have to pay the amount of the judgment plus interest, costs, and possibly up to $150 of the plaintiff's attorney's fees. (In extreme cases of merit-less appeals, or appeals intended only to harass, delay or dissuade you from pursuing your case, the judge may award attorney's fees of up to $1000.)

Terms of the judgment If you win your case, a Notice of Entry of Judgment will set forth the amount and manner of payment of your award. The judgment is good for 10 years, so you have at least that long to collect it. After 10 years, you may renew it if you have not collected it all by that time. Just the same, collecting it is your responsibility as the judgment creditor. The court will only supply orders to assist you.

How to collect Collecting can be difficult if the judgment debtor is uncooperative or has few reachable assets. But there are steps you can take to do it. If a judgment debtor does not pay you within 30 days of the judgment, he must provide you with a list of his assets and their locations. With the information on this list you can obtain a Writ of Execution from the court clerk and levy on the other party's assets. That is, you can place a claim on the judgment debtor's salary, bank account, car, or other personal property. But you will have to tell the marshal or sheriff where the property to be levied upon is located. If you need more information about the judgment debtor's property values or locations, you may file a form called an Order for Examination of Judgment Debtor that will order the other party to appear in court and answer your questions about his money or property and where it is located. You can place a lien (an Abstract of Judgment) on all real property owned by the judgment debtor and record it with the County Recorder in the county where the property is located. Before the property can be sold, the judgment will have to be satisfied. You may also ask the court to award post-judgment costs to you.

After you collect After the judgment debtor pays the judgment either in full or for any lesser amount you have agreed upon, you are required to immediately file a Satisfaction of Judgment form with the court. If you fail to do this and the other party suffers injury from your failure to do so, you could be penalized by the court. Whatever forms you need to pursue your claim in court and collect your judgment are available from the clerk of the court.