Tulare County Small Claims Court, California

Limits on Tulare 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.

What types of cases are filed in Tulare 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.

Tulare 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

Once a party has filed twelve cases within twelve months, each consecutive case has a $100 filing fee.

Small Claims Court in Tulare County

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 Tulare are the same for any County in California. The rules are designed to be less complex and more less formal when compared to general civil cases. The party who files the action or claim is known as 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. However, you are able to consult and speak with an attorney before or after the small claims court hearing.

What is small claims court mediation?

You may be asked to have your mediated before the trial. 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.

Statute of Limitations in Small Claims Court Cases

All cases must be filed by 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 defendant broke an oral contract, the plaintiff must file the case within two years of the breach. If the contract was written, you have three years from the date the contract was breached or broken to file the case. 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 find out when the statute of limitations begins to run. It is better to file sooner, rather than later, and let the judge decide.

How long does it take my case to be heard?

Tulare 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.

Which cases are filed in Tulare 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 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 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. This person only acts on their behalf with respect to that particular small claims court case.

Can I hire an attorney?

For California small claims court cases, you are not able to be represented by an attorney at the actual hearing. But, you are able to consult and speak with an attorney before or after the hearing to answer questions or discuss strategy.

Small Claims Court Locations for Tulare County

Tulare County Small Claims Court cases are heard in 2 courthouses across Tulare County. The website address for Tulare County Superior Court (which will have more information for small claims court cases) is: www.tularesuperiorcourt.ca.gov. Here are the locations:

Visalia Division

The Visalia Division is located at:

221 S. Mooney Blvd. #124

Visalia, CA 93291

The phone number is: 559-730-5000

South County Justice Center

The South County Justice Center is located at:

300 East Olive

Porterville, CA 93257

The phone number is: 559-730-5000

Tulare County 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 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. You should also bring other witnesses who can testify about your case. 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).