Modoc County Small Claims Court Limits
A person cannot sue in small claims court for more than $10,000.00. A corporation (or other entity that is not a natural person), cannot sue in small claims court for more than $5,000.00. 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.
How long does it take my case to be heard?
Each County has its own Superior Court. 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). Usually, the hearing for your small claims court case should be between twenty and seventy days after the case was filed. However, because of state cuts to the court’s budget, most hearings are now being set well past the seventy day mark.
Modoc County 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. The rules for small claims court are simple and informal compared to the rules of regular 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. In California small claims court cases, neither party can 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.
What is Mediation for Small Claims Court?
You may be asked to have your mediated before the trial. Mediation is a legal term which means that each side will have a discussion with an impartial third party to try and reach an agreement for the outcome of the case. 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).
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. 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 Modoc County?
Small Claims Court cases are heard in 1 courthouse across the County. The website address for Modoc County Superior Court (which will have more information for small claims court cases) is: www.modocsuperiorcourt.ca.gov. Here are the following locations where Small Claims Court cases are heard in Modoc County:
Robert A. Barclay Justice Center
The Robert A. Barclay Justice Center is located at:205 S. East St. Alturas, CA 96101
The phone number is: 530-233-6515
What types of cases are filed in Modoc 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.
Statute of Limitations in Small Claims Court Cases
All claims must be filed before the statute of limitations has run. Statute of limitations is a legal term for the deadline to file a case. The statute of limitations is different depending on the type of 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 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 your case sooner, and let the judge decide, rather than later and lose having your case heard.
Modoc County Small Claims Court Filing Fee
A filing fee is required and is set relative to the amount of money you are requesting for your claim. 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.
Which cases are filed in Modoc 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). There are some exceptions to this rule (for example, an auto accident can be filed in the County where the accident occurred). 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 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.
How can I prepare for my Small Claims Court Hearing?
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 important to prepare for your case beforehand. 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. 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.