Small Claims Court General Resources:
Introduction:
Monetary Limits for Small Claims Court: The jurisdictional limit is $5000. You may file as many claims as you wish for up to $2,500 in the Small Claims Court, but are limited to (2) claims for up to $5,000 each calendar year. If you are suing a guarantor, you may sue for a maximum of $4,000. A guarantor is one who promises to be responsible for the debt or default of another. The filing fee is $20 unless you have filed more than 12 claims in one court within the past 12 months. Then it is $35. You may not split your claim to make it meet the limit, but you can reduce it if you wish.
The Parties Present Their Cases Themselves: An attorney may not represent you in court, although you may consult an attorney before you go to court or after. Cases are Heard Quickly: If you and the person you are suing live within the County, your case will be heard within 40 days of the date you filed your claim. If the person you are suing lives outside the County, your case will be heard within 70 days.
Typical Cases: Typical cases involve, but are not limited to, auto accidents, property damage, landlord/tenant disputes and the collection of personal debts.
The Hearing: Your case will be heard by a Small Claims Court commissioner or a judge pro tem. A commissioner has all the responsibilities and powers of a judge. A judge pro tem is an attorney who volunteers his or her time to hear and decide cases. A judge pro tem also has all the responsibilities and powers of a judge. Each party will have a chance to tell his/her side of the story. It's important to bring evidence such as photos, witnesses, bills, receipts, contracts or anything else that will prove your case. The judge may decide the case at the time of the hearing or mail it to the parties later.
If You Want to Appeal a Decision: If you disagree with the court's decision, you may appeal the decision only on the other party's claim. You may not appeal the decision on your own claim. However, if any party appeals, there will be a new trial on all the claims. If you appeared at the trial, you must begin your appeal by filing a form called a Notice of Appeal and pay the required fees within 30 days after the date this Notice of Entry of Judgment was mailed or handed to you at the time of the Small Claims hearing. Your appeal will be in the Superior Court. You will have a new trial and you must present your evidence again. You may be represented by a lawyer. (content derived from www.courtinfo.ca.gov/smallclaims)
Small Claims Court Forms
1. Santa Barbara SMALL CLAIMS Court Forms ON-LINE!
Click here to download Small Claims Forms Kit (temporarily unavailable)
2. General additional court forms download:
Note: you must have Adobe Acrobat Reader, inorder to view: