Siskiyou County Small Claims Court Filing Fee
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 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
If a party has filed twelve or more small claims court actions over the last twelve months, the filing fee is $100.
Can I file my claim in Siskiyou County?
Usually, a claim must be filed in the County where the person or business being sued resides. 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 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.
Small Claims Court in Siskiyou County
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 who files the lawsuit or action is called the plaintiff. The party who is being sued is known as 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.
Small Claims Court Statute of Limitations
All cases must be filed before a certain deadline called the statute of limitations. The statute of limitations is a legal term that means the time someone has to file a claim. 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 minor has two years from 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 a written contract was broken, you have three years from when the agreement was broken. If you were the victim of fraud, you have three years from when you first learn of the fraud 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.
How long does it take my case to be heard?
Each Superior Court is responsible for one County. 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. 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).
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 very important to spend time preparing for your case ahead of time. This means organizing and bringing all paperwork and other documents that support your side (receipts, contracts, pictures, etc.). Make sure you bring any witnesses you need to the hearing if they are necessary to prove your case. Being prepared for the hearing is half the battle. 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.
Small Claims Court Locations for Siskiyou County
Siskiyou County Small Claims Court cases are heard in 1 courthouse across Siskiyou County. The website for Siskiyou County Superior court is: www.siskiyou.courts.ca.gov. Here are the following locations where Small Claims Court cases are heard in Siskiyou County:
The Civil Division is located at:311 4th St. Rm. 206 Yreka, CA 96097-2998
The phone number is: 530-842-8082
Siskiyou 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 person or corporation can file as many cases seeking $2,500.00 or less.
What types of cases are filed in Siskiyou County Small Claims Court?
Many different types of cases can be filed in small claims court. Common cases are: car accidents, damage to property, some landlord tenant disputes, and contractor disputes.
What is Mediation for Small Claims Court?
Your Siskiyou County Small Claims Court cases may be sent to mediation before it is heard at the actual trial or hearing. 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. 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).
Can I hire a lawyer?
A party is not able to be represented by anyone else in small claims court, including an attorney or lawyer. A party can discuss the case with an attorney before or after the the case to answer questions and help a party prepare for the hearing.