What types of cases are filed in El Dorado 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.
Filing Fee for Small Claims Court cases in El Dorado 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 a plaintiff has filed twelve or less claims over the past twelve months, the filing fees are:
- $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.
How can I prepare for my Small Claims Court Hearing?
How much time do I have to file my case?
All cases must be filed by a certain deadline called the statute of limitations. This is a legal term which simply means the deadline for which you must file your claim. The statute of limitations is different depending on the type of 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 child has two years from the date of his or her eighteenth birthday to file a case). If an oral contract (or oral agreement) was broken, you have two years after the agreement was broken to file your case. 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 determine when the statute of limitations begins to run (even for veteran attorneys). It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.
El Dorado 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. 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. But, each party can talk to and ask questions to an attorney before or after the hearing if they wish.
El Dorado County Small Claims Court Locations
El Dorado County Small Claims Court cases are heard in 2 courthouses across El Dorado County. The website address for El Dorado County Superior Court (which will have more information for small claims court cases) is: www.eldoradocourt.org. Here are the following locations where Small Claims Court cases are heard in El Dorado County:
Cameron Park Branch
The Cameron Park Branch is located at:
The phone number is: 530-621-5867
South Lake Tahoe Branch
The South Lake Tahoe Branch is located at:
1354 Johnson Blvd. So. Lake Tahoe, CA 96150The phone number is: 530-621-5867
Which cases are filed in El Dorado County?
Usually, a claim must be filed in the County where the person or business being sued resides. There are some exceptions to this rule (for example, an auto accident can be filed in the County where the accident occurred). 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 you are under 18 or not mentally competent, the judge must appoint a guardian at litem to represent you in small claims court. This person only acts on their behalf with respect to that particular small claims court case.
Small Claims Court Mediation
El Dorado County Superior Court may offer mediation for your claim before the actual trial. 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 may be offered on the day of your actual court hearing, but before you see the judge. Mediation is nothing to be scared of, but rather another chance for you to explain your side of the case (which will better prepare you for the actual hearing in front of the judge).
Limits on El Dorado 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. An individual can only file two small claims court cases for more than $2,500.00 in one year. A person can file as many claims asking for $2,500 or less.
Can I have an attorney represent me?
For California small claims court cases, you are not able to be represented by an attorney at the actual hearing. But, you are able to consult and speak with an attorney before or after the hearing to answer questions or discuss strategy.
How long do I have to wait for 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, 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.
I can not find Form 290 online. Please help.
We have a lease agreement from 2017 with a winery for our vineyards. The final payment of $8,750 was due Dec. 31, 2017 and was not paid. Our contract calls for “binding arbitration” for lease disputes. Who should I contact to secure this? Thank you.
Do you physically have to go into the court house to file a small claim lawsuit or can it be done via mail or online?
Won a small claims case years ago. Won the case but never received a penny.I had moved back to Bay area but adult children were still here for mail. Opposing party, Joseph Pestoni did get involved with EDSO or Placerville PD For robbery of gold at Bank of America. Is there any way I can get the settlement at this late date since he is now living here again.