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Small Claims Court
San Diego, California Resources Directory for Attorneys and Legal Services
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You may file as many claims as you wish where the amount in dispute is up to $2,500, but you are limited to two (2) claims for up to $5,000 each calendar year. No claim in small claims court may exceed $5,000.00. If you are suing a guarantor, you may sue for a maximum of $4,000 (or $2,500 if the guarantor does not charge for the service). A guarantor is one who promises to be responsible for the debt or default of another. The filing fee is $22 unless you have filed more than 12 claims in one court within the past 12 months. Then it is $38.50. You may not split your claim to make it meet the limit, but you can reduce it if you wish.
An attorney may not represent you in small claims court, although you may consult an attorney before you go to court or after.
If you and the person you are suing live within the same county, your case will be heard within 40 days of the date you filed your claim. If the person you are suing lives outside your county, your case will be heard within 70 days.
If you are the plaintiff and you lose a claim you filed against the defendant, you may not appeal. However, occasionally, the defendant will file a claim against you and the hearing may be scheduled on the same day as your claim against the defendant. If you lose the claim the defendant filed against you, you may appeal that judgment. You may not appeal the decision on your own claim. A defendant who loses can appeal the judgment.
If any party appeals, there will be a new trial on all the claims. If you appeared at the trial, you must begin your appeal by filing a form called a Notice of Appeal and pay the required fees within 30 days after the date this Notice of Entry of Judgment was mailed or handed to you at the time of the small claims hearing. Your appeal will be in the superior court. You will have a new trial and you must present your evidence again. You may be represented by a lawyer.
Additional information about small claims court can be found at California Courts: www.courtinfo.ca.gov/
Self-Help Center: Small Claims: Small Claims Court Basics. http://www.courtinfo.ca.gov/selfhelp/smallclaims/ |
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