What is Small Claims Court?
Small claims court is a special court where disputes between parties are handled quickly and inexpensively. The rules for small claims court cases in Butte County are the same for any county in California. These rules are meant to be simpler than a regular civil case so that a non-lawyer can understand and represent himself or herself in court. The person or business that files the action is the plaintiff. The party who is being sued is known as the defendant. 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.
Filing Fee for Small Claims Court cases in Butte County
The filing fee is required to be paid by the plaintiff when the claim is filed with the court. The amount of the filing fee is relative to the amount the plaintiff is seeking. If you filed twelve or less claims over the past twelve months, the filing fee is:
- $0 to $1,500 – $30
- $1,500 to $5,000 – $50
- $5,000 to $10,000 – $75
If a party has filed twelve or more small claims court actions over the last twelve months, the filing fee is $100.
Butte County Small Claims Court Hearing
Cases in Butte County are often scheduled with a number of other small claims court cases. Often, the court’s schedule is very busy, and the court will expect you to present your argument in just a few minutes. (It is usually smart to pay attention to the cases heard before yours to see which issues and questions the judge asks the parties). It is essential to spend time preparing your case in advance. Bring any and all documents that support your case including: receipts, photos, contracts, and any other relevant documents. Make sure you bring any witnesses you need to the hearing if they are necessary to prove your case. Ensuring that you are prepared for your case goes along way to securing a successful outcome. After the judge has heard both sides, the judge may either make a decision at the hearing or later and send notice of the ruling to the parties by mail.
Can I file my claim 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 person can file an action in small claims court if that person is at least 18 years old or a child who has been emancipated. If a plaintiff is under eighteen or mentally incompetent, a judge will appoint someone (normally a relative) as a guardian ad litem. The guardian ad litem acts on behalf of the person and makes decisions specifically for that case only.
What types of cases are filed in Butte County Small Claims Court?
A wide variety of cases can be filed in small claims court. Common cases are: car accidents, damage to property, some landlord tenant disputes, and contractor disputes.
Limits on Butte County Small Claims Court
A person cannot sue for more than $10,000 in a case. A corporation (or other corporate entity) cannot sue for more than $5,000. A person can only file two small claims court actions for more than $2,500 in one year. A person can file as many claims asking for $2,500 or less.
Butte County Small Claims Court Locations
Butte County Small Claims Court cases are heard in 2 courthouses across Butte County. The website for Butte County Superior court is: www.buttecourt.ca.gov. Here are the following locations where small claims cases are heard:
Butte County Courthouse
The Butte County Courthouse is located at:
The phone number is: 530-532-7002
The Chico Courthouse is located at:655 Oleander Ave. Chico, CA 95926
The phone number is: 530-532-7002
Can I hire an attorney?
For California small claims court cases, you are not able to be represented by an attorney at the actual hearing. However, you are able to talk to an attorney before or after the small claims court trial to answer questions and discuss strategy.
When will my case be heard?
Each Superior Court is responsible for one County. The amount of time between when the claim is filed and heard varies between each County (and even within each County). Generally, the small claims court trial should be between twenty and seventy days after the case 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).
Statute of Limitations in Small Claims Court Cases
All cases must be filed before a certain deadline called the statute of limitations. Statute of limitations is a legal term for the deadline to file a case. The time limit is different depending on the type of the case. If the plaintiff suffered personal injury, the statute is two years from the injury (or when you learned of the injury). (A minor has two years from his or her eighteenth birthday). If the case involves an oral contract which was broken or breached, you have two years from the date of the breach to file your action. If there is a written contract, the plaintiff has three years to file the case from the date the defendant breached the contract. If you lost money because you were tricked or lied to, you have three years from when you learn of the deceit to file your case. It can be very difficult to find out when the statute of limitations begins to run. It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.
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).
17 thoughts on “Butte County Small Claims Court, California”
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.
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:
Small Claims packet