Nevada County Small Claims Court, California

Small Claims Court Mediation

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 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 hire a lawyer?

A party is not able to be represented by anyone else in small claims court, including an attorney or lawyer. But, you are able to consult and speak with an attorney before or after the hearing to answer questions or discuss strategy.

What is the most a person can sue for in Nevada 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.

Filing Fee for Small Claims Court cases in Nevada County

The plaintiff must pay a filing fee when the claim is filed. 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.

Small Claims Court Hearing in Nevada 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). 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 essential to spend time preparing your case in advance. This means organizing and bringing all paperwork and other documents that support your side (receipts, contracts, pictures, etc.). 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 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 Locations for Nevada County

Nevada County Small Claims Court cases are heard in 2 courthouses across Nevada County. The website for Nevada County Superior court is: www.nevadacountycourts.com. Here are the following locations where small claims cases are heard:

Main Courthouse

The Main Courthouse is located at:

201 Church St. Ste. 7

Nevada City, CA 95959

The phone number is: 530-265-1294

Truckee Branch

The Truckee Branch is located at:

10075 Levon Ave. #107

Truckee, CA 96161

The phone number is: 530-265-1294

Statute of Limitations in Small Claims Court Cases

All cases must be filed by a certain deadline called the statute of limitations. This is a legal term which simply means the deadline for which you must file your claim. 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 to file a case). If an oral contract (or oral agreement) was broken, you have two years after the agreement was broken to file your case. If a written contract was broken, you have three years from when the agreement was broken. If you were the victim of fraud, you have three years from when you first learn of the fraud to file your case. It can be very difficult to find out when the statute of limitations begins to run. It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.

How long do I have to wait for my case to be heard?

Nevada 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. However, because of state cuts to the court’s budget, most hearings are now being set well past the seventy day mark.

What types of cases are filed in Nevada County Small Claims Court?

All types 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.

Can I sue in small claims court in Nevada 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 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. The guardian ad litem acts on behalf of the person and makes decisions specifically for that case only.

What is Small Claims Court?

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 procedures and rules of evidence for small claims court cases in Nevada 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 person or persons who is being sued is called 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.