How long do I have to wait for my case to be heard?
Each County has its own Superior Court. The amount of time between when the claim is filed and heard varies between each County (and even within each County). Generally, the small claims court trial should be between twenty and seventy days after the case 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 San Mateo County Small Claims Court cases may be sent to mediation before it is heard at the actual trial or hearing. 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. It is nothing to be scared of, just your chance to explain your side of the case to the mediator about what happened.
Filing Fee for Small Claims Court cases in San Mateo County
A filing fee is required and is set relative to the amount of money you are requesting for your claim. 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
Once a party has filed twelve cases within twelve months, each consecutive case has a $100 filing fee.
Can I sue in small claims court in San Mateo County?
The general rule is the case or claim must be filed in the County where the defendant resides. There are some exceptions to this rule (for example, an auto accident can be filed in the County where the accident occurred). 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.
Small Claims Court in San Mateo County
Small Claims Court is a special court whose purpose is to handle cases an efficient, inexpensive fashion. The rules for small claims court cases in San Mateo 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 person or business that files the action is 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. However, you are able to consult and speak with an attorney before or after the small claims court hearing.
Can I have an attorney represent me?
For California small claims court cases, you are not able to be represented by an attorney at the actual hearing. However, you are able to talk to an attorney before or after the small claims court trial to answer questions and discuss strategy.
Small Claims Court Statute of Limitations
All claims must be filed before the statute of limitations has run. This is a legal term which simply means the deadline for which you must file your claim. The statute of limitations is different depending on the type of 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 the case involves an oral contract which was broken or breached, you have two years from the date of the breach to file your action. If there is a written contract, the plaintiff has three years to file the case from the date the defendant breached the contract. If the defendant committed fraud, the plaintiff has three years from when the plaintiff first learned of the fraud. It can be very difficult to find out when the statute of limitations begins to run. It is better to file sooner, rather than later, and let the judge decide.
Limits on San Mateo County Small Claims Court
A person cannot sue in small claims court for more than $10,000.00. A corporation (or other entity that is not a natural person), cannot sue in small claims court for more than $5,000.00. 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.
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. 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. Bring other witnesses who were present during relevant times and can provide testimony about the incident. Making sure you are prepared for the hearing goes along way toward a successful outcome. After each side has had the opportunity to present its side, the court will make a decision. The court will either make its ruling immediately, or notify both sides of its decision through the mail (make sure your address with the court is correct).
Types of San Mateo County Small Claims Court Cases
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.
Where are Small Claims Court Cases Heard in San Mateo County?
In San Mateo County, small claims court cases are heard in 1 courthouse across the County. The website for San Mateo County Superior court is: www.sanmateocourt.org. Here are the following locations where small claims cases are heard:
Hall of Justice
The Hall of Justice is located at:400 County Center Redwood City, CA 94063-1655
The phone number is: 650-363-4303