What is Small Claims Court?
Small claims court is a special court where disputes between parties are handled quickly and inexpensively. Each County in California follows the same rules and procedures for small claims court cases. The rules for small claims court are simple and informal compared to the rules of regular civil cases. The party who files the action or claim is known as the plaintiff. The Defendant is the person or business that is being sued. In small claims court cases in California, neither party is allowed to have a lawyer represent you at the hearing. Each party is allowed to consult with an attorney before the hearing to answer questions and discuss the case.
How much does it cost to sue in Butte County Small Claims Court?
The plaintiff must pay a filing fee when the claim is filed. If a party has filed twelve or less claims over the past twelve months, the fee is:
- $0 to $1,500 – $30
- $1,500 to $5,000 – $50
- $5,000 to $10,000 – $75
If you filed twelve or more small claims court actions in the last twelve months, the filing fee is a constant $100.00.
Which cases are filed in Butte County?
Usually, a claim must be filed in the County where the person or business being sued resides. Exceptions to this include automobile accidents (which can be filed where the accident happened). A party may file the claim in small claims court if that party is at least eighteen years old. A party can file as someone less than eighteen if he or she has been emancipated. If someone is under eighteen or not mentally competent, the judge can appoint a person (usually a relative) as a guardian ad litem to act on that person’s behalf throughout the case. This person only acts on their behalf with respect to that particular small claims court case.
What is small claims court mediation?
Your Butte County Small Claims Court cases may be sent to mediation before it is heard at the actual trial or hearing. Mediation is a confidential, non-binding dispute resolution program where an impartial mediator attempts to bring both parties to an outcome that each side agrees to. Mediation can occur before the trial or even on the same day as your trial. Mediation may work for your case, but at the very least, it will give you the chance to explain your case to someone (before you explain it to the judge).
Statute of Limitations in Small Claims Court Cases
All cases must be filed before a certain deadline called the statute of limitations. The statute of limitations is a legal term that means the time someone has to file a claim. The time limit varies depending on the type of the case. If you were hurt, you have two years from the date of the injury or the date the injury is discovered to file your claim. (A minor has two years from his or her eighteenth birthday). If the defendant broke an oral contract, the plaintiff must file the case within two years of the breach. If a written contract was broken, you have three years from when the agreement was broken. If you were the victim of fraud, you have three years from when you first learn of the fraud to file your case. It is often difficult to find out when it is too late to file. It is better to file your case sooner, and let the judge decide, rather than later and lose having your case heard.
Small Claims Court Locations for Butte County
Butte County Small Claims Court cases are heard in 2 courthouses across Butte County. The website address for Butte County Superior Court is: www.buttecourt.ca.gov. Here are the locations:
Butte County Courthouse
The Butte County Courthouse is located at:
The phone number is: 530-532-7002
Chico Courthouse
The Chico Courthouse is located at:
655 Oleander Ave. Chico, CA 95926The phone number is: 530-532-7002
What is the most a person can sue for in Butte County Small Claims Court?
The most a person can sue for in small claims court is $10,000. A business can only sue for $5,000 or less in small claims court. An individual can only file two small claims court cases for more than $2,500.00 in one year. A party can file as many cases in small claims court with an amount of $2,500 or less.
How long does it take my case to be heard?
Butte County has its own Superior Court. The length of time between when the case is filed and when the hearing is varies for each county in California (and even within each county). Generally, you will go to court between twenty and seventy days after the claim is filed. But, because of state budget cuts to the court’s budget, these hearings are usually being set well past the seventy day mark (which should give you plenty of time to prepare for the trial).
Small Claims Court Hearing in Butte County
Can I have an attorney represent me?
No. A party cannot be represented by anyone else (including an attorney). But, you are able to consult and speak with an attorney before or after the hearing to answer questions or discuss strategy.
What types of cases are filed in Butte County Small Claims Court?
Many different types of cases can be filed in small claims court. Common cases are: car accidents, damage to property, some landlord tenant disputes, and contractor disputes.
I paid $3900 for an, as is gentlemans handshake for a 2003 Chevy S-10 from a private party! With the agreement the vehicle was up to date on tags, registration,smog w/ DMV!No bill of sale has been signed by myself!! COME TO FIND OUT AFTER I PAID CASH, seller hasn’t done anything to hand the car over to me legally! Plus $1160 past due DMV FINES IMPOSED! I would love advise on how to proceed to either get the truck or my money returned!!
The violation of my residential lease occurred in May 2016. I have since moved to Addis Ababa, Ethiopia. I was told by a friend that I could have a hearing via phone, since I rarely return to the US. The amount claimed is about $800 unless triple damages can be shown (ie, if landlord’s notice of move- out charges exceeded the time limit). In that case, $2400.00 would be the amount. E-mail reply is fine.
I was engaged to a man who did not work from 10/2014 to 6/2015. I paid his mortgage on his ranch in Durham. We had a joint checking account st the time so it’s all documented. Can I take him to small claims court. I lived at his ranch at the time so I am just requesting relief for his portion of the mortgage which is $5,600
I’m trying to find out I pick up a packet at the courthouse or what process I follow to request records or to subpoena records in a small claims court case is this even allowed
A gas station caused me to not be able
To calect my winnings from the callottry because they neglected to give me back everything that needed to filed with calottery so I could receive my winning money.
I have a dispute with my former landlord that I am trying to resolve. I have exhausted the correspondence method and would like to try mediation before proceeding to small claims if necessary. Who can I speak with or how do I find a mediator?
Where can I find the forms for filing for Small Claims in Butte County?
Who offers this reply? Is it from Butte County Court, I hope?
Approaching 2 year statue limit. Plantiff is scooter ridden (very limited transportation). Would court consider move of venue to Plantiffs county for this reason? How can it be done. I’m assisting and only have two weeks in area to assist with venue change if it can happen.
Per this site, hearing will be 20-70 days after filing. Can change-of-venue be considered in short order. Once that’s done, plantiff can get to local county court most reasonably, not in next county.
Thanks
Does small claims court have jurisdiction of libel? Other than amount, what are the other limitations on small claims court subject matter jurisdiction
I would like to know if I can download small claim filing documents to my computer for printing so I don’t have to go to the courthouse to pick them up? Also can I send the completed filing forms in the mail without going to the courthouse to file them?
where do I get on line forms?
Can i download small claims documents on line. If so wear would I find them.
Sold mobile home on a bill of sale. Buyer agreed to pay taxes and fees. Buyer has not changed mobile into his name or paid the taxes. As a result the state has decided to put a lien on my income tax. Have contacted buyer many times. Buyer stated he would take care of the fees. Buyer has done nothing at this point. Need to be released from liability.
can I claim expenses above the actual amount. things like unnecessary travel expenses and deposits made on a place to live.
I need to download a form for a small claims action, which one is free and easy
where are printable forms
You can find forms here:
https://www.buttecourt.ca.gov/Packets/
Small Claims packet
LifeSafer of California over charged me more than $900.00
As per The DMV Vehicle Code Section 23575.3 Subsection D-4K.
I had the device on my vehicle from October 2021 until February 2023.
I paid $82.00 per month. I was supposed to only pay $25.00 a month
by law.
(k)(1) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device by offenders subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(B) A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(C) A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(D) A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturer’s agent or authorized installer is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(E) A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(F) All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(G) The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
(2) The ignition interlock device provider shall verify the offender’s income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
(A) The previous year’s federal income tax return.
(B) The previous three months of weekly or monthly income statements.
(C) Employment Development Department verification of unemployment benefits.
(l) The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
Regards,
Rick Cook
(530) 703.0348
rickcook2003@yahoo.com