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Commonly Asked Questions about Small Claims Procedure

Once the deadline is docHubed, you may not be able to win in small claims court. The majority of statutes of limitations affecting California small claims are between 2-4 years. Need California small claims assistance? People Clerk can help.
Once the deadline is docHubed, you may not be able to win in small claims court. The majority of statutes of limitations affecting California small claims are between 2-4 years.
The small claims court is a special division of the general district court. The small claims court has jurisdiction (the authority to hear and decide a particular type of case) over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000.
To start a Small Claims suit, you need to file the Plaintiffs Claim and Order to Go to Small Claims Court (Form SC-100). You can get this form for free on the internet, at .courts.ca.gov/forms. San Bernardino County also offers Small Claims eFiling.
If the defendant doesnt appear, the key question is whether the defendant received proper notice of the hearing. If the Proof of Service (Small Claims) (Form SC-104) shows that service of process was properly made, the judge will consider the plaintiffs evidence and decide the case, even if the defendant is absent.
The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000.
Know the Limits in Small Claims Court - Step 1 You can only sue someone to get money in small claims cases. You cannot ask the court to order the other person to do something (like give back property). The most you can ask for is $15,000. That amount includes lawyer fees, but does not include court costs or interest.
Personal injury: 2 years from the injury. BdocHub of a written contract: 4 years from the date the contract was broken. BdocHub of an oral contract: 2 years from the date the contract was broken. Property damage: 3 years from the date the damage occurred.