When will my case 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, 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).
Small Claims Court Mediation
Your Glenn 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 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).
What types of cases are filed in Glenn County Small Claims Court?
All 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.
Small Claims Court Statute of Limitations
All claims must be filed before the statute of limitations has run. The statute of limitations is a legal term that means the time someone has to file a claim. The time limit varies depending on the type of the case. If the plaintiff suffered personal injury, the statute is two years from the injury (or when you learned of the injury). (A child has two years from the date of his or her eighteenth birthday to file a case). 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 your case sooner, and let the judge decide, rather than later and lose having your case heard.
How can I prepare for my Small Claims Court Hearing?
Cases in Glenn County are often scheduled with a number of other small claims court cases. 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. Bring any and all documents that support your case including: receipts, photos, contracts, and any other relevant documents. You should also bring other witnesses who can testify about your case. Being prepared for the hearing is half the battle. After hearing both sides, the judge may make a decision at the hearing or notify the parties of the ruling by mail, several days later.
Filing Fee for Small Claims Court cases in Glenn County
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.
Glenn County Small Claims Court Limits
The most a person can sue for in small claims court is $10,000. A business can only sue for $5,000 or less in small claims court. A party can only file two actions that are more than $2,500 in a year. A person can file as many claims asking for $2,500 or less.
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.
What is Small Claims Court?
Small Claims Court is a special court whose purpose is to handle cases an efficient, inexpensive fashion. 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 person or persons who is being sued is called the defendant. For small claims court cases in California, neither the plaintiff or the defendant is allowed to hire an attorney to represent them at the hearing. Each party is allowed to consult with an attorney before the hearing to answer questions and discuss the case.
Can I sue in small claims court in Glenn County?
Usually, a claim must be filed in the County where the person or business being sued resides. Exceptions to this include automobile accidents (which can be filed where the accident happened). 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 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.
Glenn County Small Claims Court Locations
In Glenn County, small claims court cases are heard in 2 courthouses across the County. The website for Glenn County Superior court is: www.glenncourt.ca.gov. Here are the locations:
The Main Courthouse is located at:526 W. Sycamore St. Willows, CA 95988
The phone number is: 530-934-6446
The Orland Branch is located at:821 E. South St. Orland, CA 95963
The phone number is: 530-934-6446