Calaveras County 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 are designed to be less complex and more less formal when compared to general civil cases. The person who files the lawsuit or action is called the plaintiff. The party who is being sued is known as the defendant. For small claims court cases in California, neither the plaintiff or the defendant is allowed to hire an attorney to represent them at the hearing. But, each party can talk to and ask questions to an attorney before or after the hearing if they wish.
Small Claims Court Hearing in Calaveras County
Cases in Calaveras County are often scheduled with a number of other small claims court cases. Because the court’s schedule is very busy (and has become more busy based on state cuts to the court’s budget), the court may expect you to present your entire case in a few minutes. It is essential to spend time preparing your case in advance. You should bring all the paperwork that supports your claim (or defense) including receipts, contracts, photographs, invoices, and any other paperwork. Bring other witnesses who were present during relevant times and can provide testimony about the incident. Making sure you are prepared for the hearing goes along way toward 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.
Small Claims Court Statute of Limitations
All claims must be filed before the statute of limitations has run. The statute of limitations is a legal term that means the time someone has to file a claim. The time limit is different depending on the type of the case. If the case involves personal injury to you, the case must be filed within two years of the injury or two years of when you first learned of the injury. (A child has two years from the date of 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 there is a written contract, the plaintiff has three years to file the case from the date the defendant breached the contract. If you were the victim of fraud, you have three years from when you first learn of the fraud to file your case. It can be very difficult to find out when the statute of limitations begins to run. It is better to file your case sooner, and let the judge decide, rather than later and lose having your case heard.
What is the most a person can sue for in Calaveras County Small Claims Court?
A person cannot sue for more than $10,000 in a case. A business can only sue for $5,000 or less in small claims court. A person can only file two small claims court actions for more than $2,500 in one year. A party can file as many cases in small claims court with an amount of $2,500 or less.
What types of cases are filed in Calaveras County Small Claims Court?
Many different types of cases can be filed in small claims court. The most common types are automobile accidents, property damage, rent deposit disputes, homeowners association disputes, and contractor disputes.
Can I hire a lawyer?
No. A party cannot be represented by anyone else (including an attorney). A party can discuss the case with an attorney before or after the the case to answer questions and help a party prepare for the hearing.
Where are Small Claims Court Cases Heard in Calaveras County?
Calaveras County Small Claims Court cases are heard in 1 courthouse across Calaveras County. The website address for Calaveras County Superior Court is: www.calaveras.courts.ca.gov. Here are the following locations where Small Claims Court cases are heard in Calaveras County:
The Government Center is located at:400 Government Center Drive San Andreas, CA 95249
The phone number is: 209-754-9800
How long does it take my case to be heard?
Each Superior Court is responsible for one County. 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 Mediation
You may be asked to have your mediated before the trial. Mediation is a procedure where each side discusses the case with a third party (called the mediator), and the mediator tries to reach an agreement that both sides agree to. Mediation may be offered before your trial or the very same day of the trial. It is nothing to be scared of, just your chance to explain your side of the case to the mediator about what happened.
Which cases are filed in Calaveras 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 plaintiff can file a case in small claims court if the plaintiff is at least eighteen years old, or an emancipated minor. 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.
Calaveras County Small Claims Court Filing Fee
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 a plaintiff has filed twelve or less claims over the past twelve months, the filing fees are:
- $0 to $1,500 – $30
- $1,500.01 to $5,000.00 – $50
- $5,000.01 to $10,000.00 – $75
If you filed twelve or more small claims court actions in the last twelve months, the filing fee is a constant $100.00.