Plumas County Small Claims Court, California

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 you were hurt, you have two years from the date of the injury or the date the injury is discovered to file your claim. (A child has two years from the date of his or her eighteenth birthday to file a case). If the defendant broke an oral contract, the plaintiff must file the case within two years of the breach. If there is a written contract, the plaintiff has three years to file the case from the date the defendant breached the contract. 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 determine when the statute of limitations begins to run (even for veteran attorneys). It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.

Small Claims Court Locations for Plumas County

In Plumas County, small claims court cases are heard in 1 courthouse across the County. The website for Plumas County Superior court is: www.plumascourt.ca.gov. Here are the locations:

Main Courthouse

The Main Courthouse is located at:

520 Main St. Room 104

Quincy, CA 95971

The phone number is: 530-283-6305

Plumas 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 Plumas are the same for any County in California. These rules are meant to be simpler than a regular civil case so that a non-lawyer can understand and represent himself or herself in court. The party who files the action or claim is known as the plaintiff. The Defendant is the person or business that is being sued. 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.

Can I sue in small claims court in Plumas County?

Usually, a claim must be filed in the County where the person or business being sued 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 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.

How can I prepare for my Small Claims Court Hearing?

Cases in Plumas County are often scheduled with a number of other small claims court cases. 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.). 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 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.

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

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.

When will my case be heard?

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

What is Mediation for Small Claims Court?

Your Plumas County Small Claims Court cases may be sent to mediation before it is heard at the actual trial or hearing. 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 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).

Plumas 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 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.

What is the most a person can sue for in Plumas 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. An individual can only file two small claims court cases for more than $2,500.00 in one year. A party can file as many cases in small claims court with an amount of $2,500 or less.

Can I hire an attorney?

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.