Small Claims Court Mediation
Tuolumne 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. 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).
Small Claims Court Statute of Limitations
All cases must be filed before a certain deadline called the statute of limitations. 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 you were hurt, you have two years from the date of the injury or the date the injury is discovered to file your claim. (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 the defendant committed fraud, the plaintiff has three years from when the plaintiff first learned of the fraud. It can be very difficult to determine when the statute of limitations begins to run (even for veteran attorneys). It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.
What is the most a person can sue for in Tuolumne County Small Claims Court?
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 person can only file two small claims court actions for more than $2,500 in one year. A person or corporation can file as many cases seeking $2,500.00 or less.
Filing Fee for Small Claims Court cases in Tuolumne County
The plaintiff must pay a filing fee when the claim is filed. 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 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.
What is Small Claims Court?
Small claims court is a special court where disputes between parties are handled quickly and inexpensively. Each County in California follows the same rules and procedures for small claims court cases. The rules for small claims court are simple and informal compared to the rules of regular civil cases. The person who files the lawsuit or action is called the plaintiff. The Defendant is the person or business that is being sued. 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.
Where are Small Claims Court Cases Heard in Tuolumne County?
In Tuolumne County, small claims court cases are heard in 1 courthouse across the County. The website address for Tuolumne County Superior Court is: www.tuolumne.courts.ca.gov. Here are the following locations where Small Claims Court cases are heard in Tuolumne County:
The Historic Courthouse is located at:
The phone number is: 209-533-5555
Tuolumne 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 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. Make sure you bring any witnesses you need to the hearing if they are necessary to prove your case. 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).
What types of cases are filed in Tuolumne 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.
How long do I have to wait for my case to be heard?
Each 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, 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.
Can I hire a lawyer?
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.
Can I sue in small claims court in Tuolumne 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). Exceptions to this include automobile accidents (which can be filed where the accident happened). 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 you are under 18 or not mentally competent, the judge must appoint a guardian at litem to represent you in small claims court. The guardian ad litem acts on behalf of the person and makes decisions specifically for that case only.