Small Claims
What is Small Claims Court?


What is Small Claims Court?

    Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court.

    Your claim cannot be for more than $7500. If you have a claim for more than this amount, you may file a limited civil case or you may sue in the small claims court and give up your right to the amount over $7500. You cannot, however, file more than two cases in small claims court for more than $2500 each during a calendar year.

    If you need information regarding the small claims procedures, contact the Small Claims Advisor by
    Phone: (909) 382-3650, (800) 634-9085
    Email: smallclaims@courts.sbcounty.gov or
    In Person:
    Central Civil Courthouse
    303 W. 3rd Street, Basement
    “Self Help Services”
    San Bernardino, CA 92415

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Who Can File A Claim?

You must be at least 18 years old to file a claim. If you are not yet 18, you may ask the court to appoint a guardian ad litem. This is a person who will act for you in the case. The guardian ad litem is usually a parent, relative or an adult friend. A person who sues in small claims court must first make a demand if possible. This means that you have asked the defendant to pay, and the defendant has refused. If your claim is for possession of property, you must ask the defendant to give you the property.

Unless you fall within two technical exceptions, you must be the original owner of the claim. This means that if the claim is assigned, the buyer cannot sue in the small claims court. You must also appear at the small claims hearing yourself unless you filed the claim for a corporation or other entity that is not a natural person.

If a corporation files a claim, an employee, officer, or director must act on its behalf. If the claim is filed on behalf of an association or other entity that is not a natural person, a regularly employed person of the entity must act on its behalf.

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Small Claims Court Checklists

For the Plaintiff

  •   Contact the other party to discuss and try to resolve the problem. Consider mediation or other informal dispute resolution services.
  •   Familiarize yourself with small claim court procedures.
  •   Determine the exact amount in dispute.
  •   (a) File a claim form and pay the filing fee (Form: Plaintiff’s Claim and Order to Defendant), or (b) if you are a business, file a Fictitious Business Name Declaration if appropriate.
  •   Arrange for service of process on each defendant (make sure the Proof of Service form is returned to court before hearing; make sure minimum days of notice met.)
  •   Prepare for court (organize your thoughts, collect evidence, talk to witnesses).
  •   Keep communication open; try to resolve the dispute with other the party before hearing.
  •   Attend the hearing and present your case.

    For the Defendant

  •   Contact the plaintiff and try to work out dispute. Suggest or agree to try mediation or other informal dispute resolution methods.
  •   Familiarize yourself with the small claims court procedures.
  •   If you have a claim against the plaintiff, consider resolving it at the same hearing (File the form called Defendant’s Claim and Order to Plaintiff.)
  •   Prepare for the court hearing (organize your thoughts, collect evidence, talk to witnesses)
  •   Keep communication open; try to resolve the dispute before the hearing.
  •   If you owe money, try to either pay it or work out a payment plan.
  •   If necessary, ask the court to postpone hearing to let you and the plaintiff resolve the dispute informally.
  •   Try to avoid a court judgment from being entered against you since it may appear on your credit record.
  •   Attend the hearing and present your defense.

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    Where Can You File Your Claim?

    You must sue in the right court and judicial district. This rule is called venue. If you file your claim in the wrong court, the court will dismiss the claim unless all defendants personally appear at the hearing and agree that the claim may be heard.

    The right district may be:

  •   Where the defendant lives or where the business involved is located;
  •   Where the damage or accident occurred;
  •   Where the contract was signed or carried out;
  •   If the defendant is a corporation, where the contract was signed;
  •   For a retail installment account or sales contract or a motor vehicle finance sale—
  •   Where the defendant lives;
  •   Where the buyer (defendant) lived when the contract was entered into;
  •   Where the buyer (defendant) signed the contract; or
  •   Where the goods or vehicle are permanently kept.

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    Who Will Hear Your Case

    Your case will be heard by a small claims court commissioner, a temporary judge, or a judge. A commissioner has all the responsibilities and powers of a judge. A temporary judge (judge pro tem) is an attorney who volunteers his or her time to hear and decide cases. A temporary judge also has all the responsibilities and powers of a judge. At the beginning of the court session you may object to the temporary judge and ask that your case be heard by a judge. The judge may decide the case at the time of the hearing or mail the decision to the parties later.

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    Notifying The Defendant Of The Claim

    You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules or your case may be dismissed or delayed. The correct way of telling the defendant about the lawsuit is called service of process. This means delivering to the defendant a copy of the claim. You cannot do this yourself. There are three ways to serve the defendant:

    Process Server

  •   You may ask anyone who is not a party in your case and who is at least 18 years old to serve the defendant.
  •   Registered process servers will do this for you for a fee.

    Certified Mail

  •   You may ask the clerk of the court to serve the defendant by certified mail for a fee.
  •   You should check back with the court prior to the hearing to see if the receipt for certified mail was returned to the court.

    Substituted Service

  •   This method lets you serve another person instead of the defendant under certain circumstances.
  •   You must follow the procedures exactly.
  •   You may also wish to use a registered process server.

    No matter which method of service you choose, the defendant must be served by a certain date or the trial will be postponed. If the defendant lives in the county, service must be completed at least 15 days before the trial date. This period is 20 days if the defendant lives outside the county. Be sure to follow all of the required procedures which you can find on our court web page located at http://www.sbcounty.gov/courts/.

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