Small Claims Court Hearing in Inyo County
Small Claims Court cases are often scheduled where a number of cases will be heard in the same department at the same time (one at a time). The court’s schedule is busy and because of this scheduling, you will only have a few minutes to present your case. (You can pay attention to the cases that are heard before you). 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. Make sure you bring any witnesses you need to the hearing if they are necessary to prove your case. Making sure you are prepared for the hearing goes along way toward a successful outcome. After each side has had the opportunity to present its side, the court will make a decision. The court will either make its ruling immediately, or notify both sides of its decision through the mail (make sure your address with the court is correct).
Small Claims Court Locations for Inyo County
Small Claims Court cases are heard in 2 courthouses across the County. The website address for Inyo County Superior Court (which will have more information for small claims court cases) is: www.inyocourt.ca.gov. Here are the locations:
Main Courthouse
The Main Courthouse is located at:
168 Edwards St., P.O. Box Drawer U Independence, CA 93526The phone number is: 760-872-3038
Bishop
The Bishop is located at:
301 W. Line St. Bishop, CA 93514-3440The phone number is: 760-872-3038
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 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 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 the defendant committed fraud, the plaintiff has three years from when the plaintiff first learned of the fraud. 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.
Can I sue in small claims court in Inyo County?
Normally, a case must be filed in the County where the Defendant resides (lives for a person or business has its principle place of business). 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 you are under 18 or not mentally competent, the judge must appoint a guardian at litem to represent you in small claims court. The guardian ad litem acts on behalf of the person and makes decisions specifically for that case only.
Inyo 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 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
Once a party has filed twelve cases within twelve months, each consecutive case has a $100 filing fee.
What is Small Claims Court?
Small Claims Court is a special court whose purpose is to handle cases an efficient, inexpensive fashion. 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 Defendant is the person or business that is being sued. 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 types of cases are filed in Inyo County Small Claims Court?
A wide variety of cases can be filed in small claims court. Some common types of cases are automobile accidents, property damage incidents, homeowners association disputes, landlord tenant disputes (possible over security deposits), and contractor disputes.
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. Because of state cuts to the Inyo County Superior Court budget, most hearings are set well past the seventy days.
Limits on Inyo 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. An individual can only file two small claims court cases for more than $2,500.00 in one year. A person or corporation can file as many cases seeking $2,500.00 or less.
Can I have an attorney represent me?
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.
Small Claims Court Mediation
Your Inyo County Small Claims Court cases may be sent to mediation before it is heard at the actual trial or hearing. 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. 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).