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). Often, the court’s schedule is very busy, and the court will expect you to present your argument in just a few minutes. (It is usually smart to pay attention to the cases heard before yours to see which issues and questions the judge asks the parties). 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. Bring other witnesses who were present during relevant times and can provide testimony about the incident. Being prepared for the hearing is half the battle. After hearing both sides, the judge may make a decision at the hearing or notify the parties of the ruling by mail, several days later.
Small Claims Court in Napa County
Small Claims Court is a limited court designed to handle disputes and disagreements both quickly and inexpensively (at least compared to a general civil case). The rules for small claims court cases in Napa County 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 party who files the action or claim is known as the plaintiff. The Defendant is the person or business that is being sued. 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.
Which cases are filed in Napa 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 a number of exceptions to this, like in an automobile accident which can also be filed in the County where the traffic collision 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 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. A guardian ad litem is an adult appointed by the court to represent that person only for that case.
What is small claims court mediation?
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 may be offered before your trial or the very same day of the trial. It is nothing to be scared of, just your chance to explain your side of the case to the mediator about what happened.
How long do I have to wait for my case to be heard?
Each Superior Court is responsible for one County. Time between when the case is filed to when the case is heard vary amongst each County (and even within the same County). Generally, you will go to court between twenty and seventy days after the claim is filed. But, because of state budget cuts to the court’s budget, these hearings are usually being set well past the seventy day mark (which should give you plenty of time to prepare for the trial).
Types of Napa County Small Claims Court Cases
All 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.
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.
Napa County Small Claims Court Locations
Small Claims Court cases are heard in 1 courthouse across the County. The website address for Napa County Superior Court (which will have more information for small claims court cases) is: www.napa.courts.ca.gov. Here are the following locations where small claims cases are heard:
The Historic Courthouse is located at:825 Brown St. Napa, CA 94559
The phone number is: 707-299-1100
Small Claims Court Statute of Limitations
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 time limit varies depending on the type of the case. If the plaintiff suffered personal injury, the statute is two years from the injury (or when you 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 the defendant committed fraud, the plaintiff has three years from when the plaintiff first learned of the fraud. It is often difficult to find out when it is too late to file. It is better to file your case sooner, and let the judge decide, rather than later and lose having your case heard.
How much does it cost to sue in Napa County Small Claims Court?
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 you filed twelve or more small claims court actions in the last twelve months, the filing fee is a constant $100.00.
What is the most a person can sue for in Napa County Small Claims Court?
The most a person can sue for in small claims court is $10,000. 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.
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Requesting website or location where I can pick up the documents to file for a small claim