Small claims courts allow you to sue someone for small amounts of money or property without going to trial in a larger court. However, not every case can be taken to a small claims court. There are lots of rules and specifications that apply to cases in a small claims court, and they vary from state to state. Here are the most important things to know about going to small claims court in California.
Monetary Limits
These courts hear cases that involve small claims, typically between $3,000 and $10,000. In California, individuals can claim up to $10,000 in a small claims court. Businesses and corporations can claim even less, maxing out at $5,000 for small claims.
Case Limits
In addition, you can only appear in a small claims court so many times. California limits all claimants, both individuals and legal entities, to two claims seeking over $2,500 per calendar year. So if you filed a $3,000 claim in October 2016 and a $4,000 claim in January 2017, you will have to wait a year before filing any other claim over $2,500. There is no limit to the number you can file under that amount. This rule does not apply to local public entities, such as school districts and city or county offices.
Attorneys
Since the monetary amounts in small claims courts are so limited, many people choose not to hire lawyers, since the fees and charges can quickly surpass the amount being claimed in court. However, in California attorneys are not allowed in court proceedings. Plaintiffs and defendants must speak for and represent themselves.
Statues of Limitation
There is a time period where you can file a claim, and once it’s expired there is nothing a small claims court can do. You have four years to make a claim on a written contract and three years for property damage in California. However, you only have two years for oral agreements and personal injuries.