Filing Fee for Small Claims Court cases in Nevada County
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 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
Once a party has filed twelve cases within twelve months, each consecutive case has a $100 filing fee.
Nevada County Small Claims Court Locations
In Nevada County, small claims court cases are heard in 2 courthouses across the County. The website for Nevada County Superior court is: www.nevadacountycourts.com. Here are the following locations where Small Claims Court cases are heard in Nevada County:
The Main Courthouse is located at:201 Church St. Ste. 7 Nevada City, CA 95959
The phone number is: 530-265-1294
The Truckee Branch is located at:10075 Levon Ave. #107 Truckee, CA 96161
The phone number is: 530-265-1294
Can I hire an attorney?
No. A party cannot be represented by anyone else (including an attorney). However, you are able to talk to an attorney before or after the small claims court trial to answer questions and discuss strategy.
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 can occur before the trial or even on the same day as your trial. 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).
How long does it take my case to 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). 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).
Small Claims Court Statute of Limitations
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 varies 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 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 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 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.
Limits on Nevada County Small Claims Court
The most a person can sue for in small claims court is $10,000. A corporation (or other corporate entity) cannot sue for more than $5,000. A party can only file two actions that are more than $2,500 in a year. A person can file as many claims asking for $2,500 or less.
Small Claims Court Hearing in Nevada County
Your case will probably be on the same calendar and heard at the same time as a number of other small claims court cases. 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. You should also bring other witnesses who can testify about your case. Ensuring that you are prepared for your case goes along way to securing 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.
Types of Nevada County Small Claims Court Cases
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.
Which cases are filed 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). 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 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.
Nevada County 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). Each County in California follows the same rules and procedures for small claims court cases. The rules are designed to be less complex and more less formal when compared to general civil cases. The person or business that files the action is the plaintiff. The person or persons who is being sued is called the defendant. In small claims court cases in California, neither party is allowed to have a lawyer represent you at the hearing. Each party is allowed to consult with an attorney before the hearing to answer questions and discuss the case.