Small Claims FAQs: What You Should Know

In California, small claims typically deal with cases involving claims of not more than $7,500 or less. These often involved cases such as car accidents, property damage, landlord/tenant rent deposit disputes and collection of money owed, among others.

A special court called the small claims court generally handles cases involving small claims and resolves the disputes of parties in a simple and informal way.

Here are answers to some of the common questions involving small claims:

Q: Who can file a claim?

A: Any person who has a claim of $7,500 or less can file a case with the small claims court to recover his losses. In addition to this, only the actual party to the claim may file. You must be at least 18 years old to file a claim. Persons below this age must ask the court to appoint a guardian ad litem, to represent the claimant. The guardian could be a parent, a relative or an adult friend. Further, you cannot file more than two claims for more than $2,500 each within a calendar year.

Q: Where can you file a claim?

A: The claim must be filed within the proper venue (county) and court location (a courthouse within the county) as a claim filed at the wrong venue or court location could be dismissed.

Q: Who can represent me in small claims court?

A: Only the actual party to the claim may appear in court, however the Superior Court of California provides Small Claims Legal Advisor who can assist you regarding the issues and the procedures for filing until enforcement. A lawyer cannot represent you in small claims court but you can consult with a lawyer before or after court.

Q: How do you notify the defendant (offender) about your lawsuit?

A: The defendant receives a copy of the lawsuit through the “service of process” which follows strict rules. The plaintiff (complainant) cannot serve the copy himself and it must follow the court rules on how to complete the service of process.

Q: Can you recover other costs or expenses in small claims lawsuit?

A: Generally, if you file a small claims lawsuit and prevail, the court will award you recovery of the following costs and fees:

• Expenses for filing fees
• Reasonable cost to serve the other party
• Expenses for an investigator to locate the other party for service of process

Q: Is there a certain period for the filing of small claim lawsuit?

A: Generally, like regular lawsuits, small claim cases must be filed within the specific period prescribed by law, otherwise you will lose your chance to recover damages for your claim.

• For injuries from an accident – within 2 years after the injury
• For breach of oral contract- within 2 years after the breach
• For breach of written agreement – within 4 years after the breach
• For property damage – within 3 years after the damage
• For lawsuits involving government agency – 6 months to file claim with the agency

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