Mono 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. 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. For small claims court cases in California, neither the plaintiff or the defendant is allowed to 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.
Where are Small Claims Court Cases Heard in Mono County?
In Mono County, small claims court cases are heard in 2 courthouses across the County. The website address for Mono County Superior Court is: www.monocourt.org. Here are the following locations where Small Claims Court cases are heard in Mono County:
North County Branch
The North County Branch is located at:
P.O. Box 537 Bridgeport, CA 93517The phone number is: 760-932-5239
South County Branch – Main Office
The South County Branch – Main Office is located at:
P.O. Box 1037 Mammoth Lakes, CA 93546The phone number is: 760-932-5239
What types of cases are filed in Mono County Small Claims Court?
All 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.
Mono 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 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 a party has filed twelve or more small claims court actions over the last twelve months, the filing fee is $100.
How much time do I have to file my case?
All cases must be filed by 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 the defendant broke an oral contract, the plaintiff must file the case within two years of the breach. If a written contract was broken, you have three years from when the agreement was broken. 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 determine when the statute of limitations begins to run (even for veteran attorneys). It is better to file sooner, rather than later, and let the judge decide.
What is the most a person can sue for in Mono 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. A person can only file two small claims court actions for more than $2,500 in one year. A person or corporation can file as many cases seeking $2,500.00 or less.
Can I hire a lawyer?
No. A party cannot be represented by anyone else (including an attorney). But, you are able to consult and speak with an attorney before or after the hearing to answer questions or discuss strategy.
What is Mediation for Small Claims Court?
Mono 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 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).
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, you will go to court between twenty and seventy days after the claim is filed. However, because of state cuts to the court’s budget, most hearings are now being set well past the seventy day mark.
Can I sue in small claims court in Mono County?
The general rule is the case or claim must be filed in the County where the defendant resides. Exceptions to this include automobile accidents (which can be filed where the accident 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 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 Hearing in Mono County
