How much time do I have to file my case?
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 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 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 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.
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).
Can I sue in small claims court in Modoc 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 you are under 18 or not mentally competent, the judge must appoint a guardian at litem to represent you in small claims court. A guardian ad litem is an adult appointed by the court to represent that person only for that case.
When will my case be heard?
Each County has its own Superior Court. Time between when the case is filed to when the case is heard vary amongst each County (and even within the same County). Usually, the hearing for your small claims court case should be between twenty and seventy days after the case was filed. Because of state cuts to the Modoc County Superior Court budget, most hearings are set well past the seventy days.
Can I have an attorney represent me?
A party is not able to be represented by anyone else in small claims court, including an attorney or lawyer. However, you are able to talk to an attorney before or after the small claims court trial to answer questions and discuss strategy.
How can I prepare for my Small Claims Court Hearing?
Where are Small Claims Court Cases Heard in Modoc County?
Modoc County Small Claims Court cases are heard in 1 courthouse across Modoc County. The website for Modoc County Superior court is: www.modocsuperiorcourt.ca.gov. Here are the locations:
Robert A. Barclay Justice Center
The Robert A. Barclay Justice Center is located at:
205 S. East St. Alturas, CA 96101The phone number is: 530-233-6515
Modoc 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
If a party has filed twelve or more small claims court actions over the last twelve months, the filing fee is $100.
Types of Modoc County Small Claims Court Cases
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.
What is Small Claims Court?
Small Claims Court is a special court whose purpose is to handle cases an efficient, inexpensive fashion. The procedures and rules of evidence for small claims court cases in Modoc 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 California small claims court cases, neither party can hire an attorney to represent them at the hearing. However, you are able to consult and speak with an attorney before or after the small claims court hearing.
Modoc County Small Claims Court Limits
A person cannot sue in small claims court for more than $10,000.00. 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.