What is Small Claims Court?
Small claims court is a special court where disputes between parties are handled quickly and inexpensively. The procedures and rules of evidence for small claims court cases in Yuba 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 person or business that files the action is 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.
Small Claims Court Hearing in Yuba County
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. 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).
How much time do I have to file my case?
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 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 defendant broke an oral contract, the plaintiff must file the case within two years of the breach. 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 is often difficult to find out when it is too late to file. It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.
Can I hire an attorney?
A party is not able to be represented by anyone else in small claims court, including an attorney or lawyer. But, you are able to consult and speak with an attorney before or after the hearing to answer questions or discuss strategy.
What is 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 before your trial or the very same day of the trial. It is nothing to be scared of, just your chance to explain your side of the case to the mediator about what happened.
Can I sue in small claims court in Yuba 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 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.
Types of Yuba County Small Claims Court Cases
Many different 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.
How much does it cost to sue in Yuba County Small Claims Court?
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 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
Once a party has filed twelve cases within twelve months, each consecutive case has a $100 filing fee.
Yuba County Small Claims Court Locations
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 following locations where Small Claims Court cases are heard in Yuba County:
Main Courthouse
The Main Courthouse is located at:
215 Fifth St. Suite 200 Marysville, CA 95901-5794The phone number is: 530-749-7600
Limits on Yuba County Small Claims Court
A person cannot sue in small claims court for more than $10,000.00. A corporation (or other corporate entity) cannot sue for more than $5,000. 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.