Del Norte County Small Claims Court, California

Small Claims Court in Del Norte County

Small Claims Court is a limited court designed to handle disputes and disagreements both quickly and inexpensively (at least compared to a general civil case). The procedures and rules of evidence for small claims court cases in Del Norte are the same for any County in California. 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 person or persons who is being sued is called the defendant. In California small claims court cases, neither party can hire an attorney to represent them at the hearing. Each party is allowed to consult with an attorney before the hearing to answer questions and discuss the case.

What is Mediation for Small Claims Court?

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 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).

What is the most a person can sue for in Del Norte County Small Claims Court?

The most a person can sue for in small claims court is $10,000. 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.

Can I have an attorney represent me?

No. A party cannot be represented by anyone else (including an attorney). However, you are able to talk to an attorney before or after the small claims court trial to answer questions and discuss strategy.

What types of cases are filed in Del Norte 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.

How much time do I have to file my case?

All claims must be filed before the statute of limitations has run. This is a legal term which simply means the deadline for which you must file your claim. The time limit varies 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 an oral contract (or oral agreement) was broken, you have two years after the agreement was broken to file your case. If the contract was written, you have three years from the date the contract was breached or broken to file the case. 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 better to file sooner, rather than later, and let the judge decide.

Del Norte County Small Claims Court Hearing

Your case will probably be on the same calendar and heard at the same time as 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 very important to spend time preparing for your case ahead of time. 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. 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.

Which cases are filed in Del Norte County?

The general rule is the case or claim must be filed in the County where the defendant resides. There are a number of exceptions to this, like in an automobile accident which can also be filed in the County where the traffic collision 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 a plaintiff is under eighteen or mentally incompetent, a judge will appoint someone (normally a relative) as a guardian ad litem. A guardian ad litem is an adult appointed by the court to represent that person only for that case.

How long does it take my case to be heard?

Each Superior Court is responsible for one County. Time between when the case is filed to when the case is heard vary amongst each County (and even within the same County). Generally, the small claims court trial should be between twenty and seventy days after the case is filed. However, because of state cuts to the court’s budget, most hearings are now being set well past the seventy day mark.

How much does it cost to sue in Del Norte County Small Claims Court?

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 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.

Del Norte County Small Claims Court Locations

In Del Norte County, small claims court cases are heard in 1 courthouse across the County. The website address for Del Norte County Superior Court is: delnorte.courts.ca.gov. Here are the following locations where Small Claims Court cases are heard in Del Norte County:

Main Courthouse

The Main Courthouse is located at:

450 H St. Room 209

Crescent City, CA 95531

The phone number is: 707-464-8115