Yuba County Small Claims Court
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 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. Each party is allowed to consult with an attorney before the hearing to answer questions and discuss the case.
Yuba County Small Claims Court Filing Fee
A filing fee is required and is set relative to the amount of money you are requesting for your claim. If a party has filed twelve or less claims over the past twelve months, the 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 Mediation
Yuba 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).
Limits on Yuba County Small Claims Court
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. An individual can only file two small claims court cases for more than $2,500.00 in one year. A party can file as many cases in small claims court with an amount of $2,500 or less.
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). Usually, the hearing for your small claims court case should be between twenty and seventy days after the case was filed. Because of state cuts to the Yuba County Superior Court budget, most hearings are set well past the seventy days.
Where are Small Claims Court Cases Heard in Yuba County?
In Yuba County, small claims court cases are heard in 1 courthouse across the County. The website for Yuba County Superior court is: www.yubacourts.org. Here are the locations:
The Main Courthouse is located at:215 Fifth St. Suite 200 Marysville, CA 95901-5794
The phone number is: 530-749-7600
Yuba 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). Often, the court’s schedule is very busy, and the court will expect you to present your argument in just a few minutes. (It is usually smart to pay attention to the cases heard before yours to see which issues and questions the judge asks the parties). 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. Making sure you are prepared for the hearing goes along way toward a successful outcome. 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.
What types of cases are filed in Yuba County Small Claims Court?
All 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.
Can I hire an attorney?
No. A party cannot be represented by anyone else (including an attorney). However, you are able to talk to an attorney before or after the small claims court trial to answer questions and discuss strategy.
Which cases are filed in Yuba 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 plaintiff can file a case in small claims court if the plaintiff is at least eighteen years old, or an emancipated minor. If you are under 18 or not mentally competent, the judge must appoint a guardian at litem to represent you in small claims court. A guardian ad litem is an adult appointed by the court to represent that person only for that case.
How much time do I have to file my case?
All claims must be filed before the statute of limitations has run. Statute of limitations is a legal term for the deadline to file a case. The time limit is different depending on the type of the 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 child has two years from the date of 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 lost money because you were tricked or lied to, you have three years from when you learn of the deceit to file your case. It can be very difficult to find out when the statute of limitations begins to run. It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.