I am not an attorney, but I have provided some basic guidance of the law in California dealing with small claims court. Most business people and entrepreneurs will have their day in court and this is just a quick reference guide to questions that you might be having. Please consult an attorney licensed in the state of California for any legal matters that you may be experiencing and the most current laws.
The basics of suing someone in California small claims court are fairly simple. Plantiff must be at least 18 years old or an emancipated child. An individual or sole proprietor may file as many claims as they wish up to $2,500 per year. However, they can only file two claims that exceed$2,500 per calendar year.
In general, a person cannot ask for more than $10,000 for a claim, and businesses cannot ask for more than $5,000. You are allowed to speak with an attorney before you go to small claims, but cannot have an attorney represent you at court. The typical types of claims that are filed include, but are not limited to: property damage from car accidents, homeowner association disputes, tenant security deposits, and damage to property by a neighbor.
Generally, the statue of limitations runs out at 2-4 years on most issues concerning small claims. The filing fee is $100 for any claims that range from $5,000 - $10,000. If you are suing someone you are required to attend court 20-70 days after you file your claim. The only exemption to this is for people serving on active duty in the Armed Forces. If you are the person that filed the claim you are not allowed to appeal a decision. However, if someone else filed a claim against you and you lose, you can appeal.
Additional Note by Mr. Dale Nowicki: It should be noted that with the decreased court budgets, all cases will likely be ordered to mediation. If you are a party to a case, it would be good to show the court that you've tried in good faith to resolve this both before and after the case is filed. Everyone wants to have their day in court and feel justice is done, but less than 2% of all cases actually go to trial, so don't have high expectations. Just be reasonable, but always protect and assert your rights.
I hope this helps clear up a few things.
Very Respectfully,
George Ohan
Entrepreneur
Thank you to Mr. Bob Woods in Hollywood, California for teaching me this stuff in 2013 while I was his student in Business Law class.
Photography by: George Ohan - Puerto Rico
