This is common in credit card debts or other collection actions where you may owe less than the small claims court limits, but the credit card company prefers to sue you in a limited civil case rather than small claims. There are many reasons why companies prefer to sue you in general civil court, and if that happens, you will have to defend yourself in civil court and will not be able to request that the case be referred to small claims court. CAUTION! There are companies that will try to sell you court forms. These are often the same forms that are available for free on the court`s website. They may also be outdated or unacceptable to the court. Before paying for the forms, check if they are already available online or at the self-help centre. If you decide that mediation (not small claims court) could resolve your dispute, ask the case officer if small claims court offers a mediation program. If not, the case officer may be aware of a publicly funded program in your county. You can also find a mediation program by checking the section of your phone book or by calling the California Department of Consumer Affairs at (800) 952-5210. People with hearing loss can call (800) 322-1700 (TTY) or (916) 322-1700 (TTY). A list of mediation programs can also be found on the California Department of Consumer Affairs (www.dca.ca.gov/consumers/mediation_programs.shtml) website. Each state has set a maximum monetary limit of $2,000 to $10,000.

If your dispute crosses the borders of your state, you may have to file your case in a court with a higher jurisdictional limit, such as .dem Superior Court. To examine how a small claims case plays out in different courts, click on one of the following flowcharts:Flowchart – Small Claims Process Overview Flowchart – Overview of the Small Claims Process in Las Vegas Rushing to the courthouse to file a lawsuit shouldn`t be your first step. While there are many benefits to small claims, it`s not always the best solution to every problem. Even if the rules are more flexible and the procedures less complex than in the ordinary courts, filing a small claims case will require some effort. A lot of planning and even some legal research might be required. In addition to these differences, there are restrictions on what you can require from a small claims judge. If you pay the filing fee, you can request that your fee be waived. You have to fill out a form and show the court that you don`t have a lot of money. Ensure that the defendant receives copies of all documents filed in Small Claims Court and any other documents that need to be served. Once the documents are served, you must present “proof of service” to the court so that the judge knows that the defendant has been properly informed of the trial date. The goal of Small Claims Court is to allow people to make relatively minor claims to a judge without incurring significant costs in the form of legal and court fees.

By its very nature, Small Claims Court is a simple, inexpensive and relatively quick alternative to a full-fledged action. These are just a few of the reasons why people usually turn to Small Claims Court to resolve their issues: The fee to file in Small Claims Court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is greater than $1,500, but is less than or equal to $5,000, or $75 if the application is greater than $5,000. However, if a plaintiff has filed more than 12 small claims in California in the past 12 months, the filing fee for each subsequent case is $100. Multiple claimants who win their case in court and are awarded court costs can only recover the same amount of court costs that non-multiple claimants would receive, not the $100 paid. For example, if a multiple plaintiff filed a lawsuit for $1,400 and obtained a judgment for $1,400, the court will award that plaintiff $30 in court fees (filing fees) instead of the $100 paid to case managers. The filing fee is paid by the applicant to the clerk of the Small Claims Court. What should I consider before submitting a minor case? If you decide to file an application in Small Claims Court, be prepared to put in the time and effort. This includes preparing for the hearing, gathering evidence, meeting with witnesses and attending the hearing in person.

Below is a short video, introduction to Small Claims Court. Keep in mind that different small claims courts have different procedures, so make sure you meet your court`s requirements. To view the full series of minor damage videos, click here to visit our video page. To learn more about Small Claims Court, click here to search the Small Claims section of this website. Information can be found here on: Generally, claims are limited to litigation up to a maximum of $5,000. However, individuals (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, government agencies and other legal entities cannot claim more than $5,000. In addition, no plaintiff (individual or entity) may file more than two small claims claims claims for more than $2,500 in the state in a calendar year. For example, if you file a $4,000 lawsuit in February 2015 and another $4,000 lawsuit in March 2015, you cannot file further lawsuits over $2,500 until January 1, 2016.

You can file as many claims as you want, for $2,500 or less. However, this restriction does not apply to a city, county, city and county, school district, county office for education, community college district, local district or other local public institution. You can sue more than two lawsuits for $2,500 in a calendar year. Did you and the respondent try to settle the dispute amicably? If you didn`t do it before taking legal action, why not give it a try? At the very least, you should ask the defendant for the remedy you hope the judge will grant you. Can you encourage the other person to settle the dispute? If he owes you money, you may want to consider accepting less than the full amount if paid immediately. If you owe money, it may be helpful to pay a little more than you think you owe just to end the dispute. If the dispute goes to court and results in a judgment against you, the amount you owe may be increased by court fees and interest, and the judgment will be noted on your credit report. TIP! If you`re considering filing a minor complaint, you might be interested in taking advantage of a FREE time-saving alternative called Neighborhood Justice Center (NJC). The NJC`s free, personalized mediation service can help you resolve the dispute faster than through the tribunal.

Click here for more information to visit Small Claims Dispute Mediation Before filing a small claims case, you should evaluate your answers to the following questions: Ask the judge for advice at the hearing.