Filing Fee for Small Claims Court cases in San Francisco 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.
What is small claims court mediation?
You may be asked to have your mediated before the 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 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).
Statute of Limitations in Small Claims Court Cases
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 statute of limitations is different depending on the type of 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 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 is often difficult to find out when it is too late to file. It is better to file sooner, rather than later, and let the judge decide.
Can I hire an attorney?
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 types of cases are filed in San Francisco County Small Claims Court?
A wide variety of cases can be filed in small claims court. Common cases are: car accidents, damage to property, some landlord tenant disputes, and contractor disputes.
Small Claims Court Locations for San Francisco County
San Francisco County Small Claims Court cases are heard in 1 courthouse across San Francisco County. The website for San Francisco County Superior court is: www.sfsuperiorcourt.org. Here are the following locations where small claims cases are heard:
Civic Center Courthouse
The Civic Center Courthouse is located at:400 McAllister St. San Francisco, CA 94102
The phone number is: 415-551-4000
San Francisco 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 San Francisco 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 person or business that files the action is the plaintiff. The party who is being sued is known as 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. But, each party can talk to and ask questions to an attorney before or after the hearing if they wish.
How long do I have to wait for my case to be heard?
Each County has its own Superior Court. 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 San Francisco 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 a plaintiff is under eighteen or mentally incompetent, a judge will appoint someone (normally a relative) as a guardian ad litem. This person only acts on their behalf with respect to that particular small claims court case.
How can I prepare for my Small Claims Court Hearing?
Your case will probably be on the same calendar and heard at the same time as a number of other small claims court cases. Because the court’s schedule is very busy (and has become more busy based on state cuts to the court’s budget), the court may expect you to present your entire case in a few minutes. 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.). Bring other witnesses who were present during relevant times and can provide testimony about the incident. 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.
San Francisco County Small Claims Court Limits
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. A party can only file two actions that are more than $2,500 in a year. A party can file as many cases in small claims court with an amount of $2,500 or less.