Siskiyou County Small Claims Court, California

Limits on Siskiyou County Small Claims Court

A person cannot sue in small claims court for more than $10,000.00. 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 person can file as many claims asking for $2,500 or less.

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). Each County in California follows the same rules and procedures for small claims court cases. 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 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. However, you are able to consult and speak with an attorney before or after the small claims court hearing.

How much does it cost to sue in Siskiyou County Small Claims Court?

A filing fee is required and is set relative to the amount of money you are requesting for your claim. If a party has filed twelve or less claims over the past twelve months, the fee is:

• $0 to $1,500 – $30
• $1,500 to $5,000 – $50
• $5,000 to $10,000 – $75

If you filed twelve or more small claims court actions in the last twelve months, the filing fee is a constant $100.00.

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). Usually, the hearing for your small claims court case should be between twenty and seventy days after the case was filed. Because of state cuts to the Siskiyou County Superior Court budget, most hearings are set well past the seventy days.

How can I prepare for my Small Claims Court Hearing?

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). 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 very important to spend time preparing for your case ahead of time. 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. Being prepared for the hearing is half the battle. 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).

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.

Which cases are filed in Siskiyou County?

Usually, a claim must be filed in the County where the person or business being sued resides. There are some exceptions to this rule (for example, an auto accident can be filed in the County where the accident occurred). A party may file the claim in small claims court if that party is at least eighteen years old. A party can file as someone less than eighteen if he or she 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. A guardian ad litem is an adult appointed by the court to represent that person only for that case.

Statute of Limitations in Small Claims Court Cases

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 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 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 determine when the statute of limitations begins to run (even for veteran attorneys). It is better to file sooner, rather than later, and let the judge decide.

Where are Small Claims Court Cases Heard in Siskiyou County?

In Siskiyou County, small claims court cases are heard in 1 courthouse across the County. The website address for Siskiyou County Superior Court is: www.siskiyou.courts.ca.gov. Here are the following locations where small claims cases are heard:

Civil Division

The Civil Division is located at:

311 4th St. Rm. 206

Yreka, CA 96097-2998

The phone number is: 530-842-8082

What is Mediation for Small Claims Court?

Siskiyou County Superior Court may offer mediation for your claim before the actual 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 may be offered before your trial or the very same day of the trial. It is nothing to be scared of, just your chance to explain your side of the case to the mediator about what happened.

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

Many different 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.