Sacramento County 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. 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. Ensuring that you are prepared for your case goes along way to securing a successful outcome. 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.
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 an attorney?
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.
Types of Sacramento County Small Claims Court Cases
All types of cases can be filed in small claims court. The most common types are automobile accidents, property damage, rent deposit disputes, homeowners association disputes, and contractor disputes.
What is small claims court mediation?
Sacramento County Superior Court may offer mediation for your claim before the actual 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 may be offered on the day of your actual court hearing, but before you see the judge. 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).
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 time limit is different 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 to file a case). 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 better to file your case sooner, and let the judge decide, rather than later and lose having your case heard.
Small Claims Court in Sacramento 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). The procedures and rules of evidence for small claims court cases in Sacramento are the same for any County in California. 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 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 Locations for Sacramento County
Sacramento County Small Claims Court cases are heard in 2 courthouses across Sacramento County. The website address for Sacramento County Superior Court (which will have more information for small claims court cases) is: www.saccourt.ca.gov. Here are the following locations where Small Claims Court cases are heard in Sacramento County:
Gordon D. Schaber Sacramento County Courthouse
The Gordon D. Schaber Sacramento County Courthouse is located at:
The phone number is: 916-875-7514
Carol Miller Justice Center
The Carol Miller Justice Center is located at:301 Bicentennial Circle Sacramento, CA 95826-2881
The phone number is: 916-875-7514
What is the most a person can sue for in Sacramento County Small Claims Court?
A person cannot sue for more than $10,000 in a case. A corporation (or other entity that is not a natural person), cannot sue in small claims court for more than $5,000.00. An individual can only file two small claims court cases for more than $2,500.00 in one year. A person or corporation can file as many cases seeking $2,500.00 or less.
Which cases are filed in Sacramento 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 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.
Filing Fee for Small Claims Court cases in Sacramento County
A filing fee is required and is set relative to the amount of money you are requesting for your claim. 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 you filed twelve or more small claims court actions in the last twelve months, the filing fee is a constant $100.00.
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How can I file a small claims in sacramento county???