Small Claims

Small Claims Court offers a faster and more affordable process compared to civil limited cases. The filing fee for a small claims case ranges from $30 to $100. If you are unable to afford the fee, you may request a fee waiver from the court.

For more details on filing costs, visit the Statewide Civil Fee Schedule.

Statewide Civil Fee Schedule

If you are filing a Small Claims Appeal outside of the county, you can obtain the necessary forms from the California Courts Self-Help Center. A checklist and forms, including the fee waiver application and the monetary limit order, are also available on the California Courts Self-Help Center—Small Claims Forms page.

Monetary Limits

Small Claims Court has a monetary limit, referred to as the jurisdictional limit, for the amount of damages that can be claimed:

• A natural person may claim up to $12,500. However, no more than two claims over $2,500 can be filed anywhere in California within one calendar year. Claims for $2,500 or less are unlimited.
• Corporations and other entities (e.g., government entities) may not claim more than $6,250.

Service Requirements

The plaintiff must serve the legal documents to the defendant correctly for the case to proceed. If service is not performed properly, the court will require re-service before the case can be heard.

Personal Service

• 15 days prior to the court date if the defendant resides in Plumas County.
• 20 days prior to the court date if the defendant resides outside of Plumas County.

Substituted Service

If the defendant cannot be located, the legal documents may be left with:

• Another adult at the defendant's home.
• A person in charge at the defendant's place of business.

The documents must be in an envelope bearing the defendant's name, and the server must indicate that the papers pertain to a legal case. After delivery:

• Serve the documents 25 days before the court date if the defendant is in Plumas County.
• Serve the documents 30 days before the court date if the defendant is outside Plumas County.
• Mail a second copy of the claim via first-class, postage pre-paid mail to the same address where the documents were left.

Other Methods of Service

• Marshal or Sheriff: Contact the Sheriff's Department in the defendant's county for instructions. Ensure that the completed proof of service is returned to the court before the court date.
• Private Process Server: Arrange for service through a process server of your choice (refer to the Yellow Pages under "process serving"). The process server must complete a proof of service form and ensure it is returned to the court before the scheduled court date.

If desired, you may pay the court to serve the documents via certified mail. However, you may not send certified mail yourself. Refer to the Statewide Civil Fee Schedule for applicable fees.

Important Notes

Failure to comply with these service requirements may result in delays or dismissal of your claim.

You must ensure that the defendant is properly notified about your lawsuit. This must be done according to the rules, or your case may be delayed or dismissed. The correct method of notifying the defendant is called service of process, which involves providing the defendant with a copy of the claim. You are not allowed to serve the documents yourself.

For more information on service of process, refer to the Judicial Council form: What is "Proof of Service"? (form SC-104B).

Additional details can be found on the California Courts' Self-Help Guide page: Serve Your Small Claims Forms.

Serve your small claims forms

• Arrive on time at your assigned court time. If you are late, your case may proceed without you.

• Come to court organized and prepared:

  • Bring enough photocopies of all your evidence for each party and the judge.
  • Any evidence submitted to the judge on the day of the trial may not be returned to you.
  • Bring all your witnesses.

• If both parties (plaintiff and defendant) are present, you may be asked to exchange and review documents in the hallway before the case is heard. This ensures all evidence is reviewed prior to presenting it to the judge.

• Organize your documents in chronological order and have them ready when your case is called.

• Be prepared to wait, as multiple cases are often scheduled for the same time.

• When your case is called:

  • Approach the table in front of the judge.
  • Present your evidence and testimony, addressing the judge directly, not the other party.
  • Typically, the plaintiff will present testimony first, followed by the defendant.

• The judge may ask questions to gain a clearer understanding of the case.

• If you are the only party present and you are the plaintiff, you must still prove your case. A default judgment is not automatic; you must present sufficient evidence.

• Note that proceedings are not recorded by a court reporter.

• If you are not fluent in English, you can request an interpreter in advance of the hearing.

• The judge may announce the decision (judgment) in court or mail it to you afterward.

For more information on preparing for court, visit the California Courts' Self-Help Guide: Get ready for your court date.

Get ready for your court date

In Small Claims Court, a lawyer is not permitted to represent you during the hearing. However, you may consult with a lawyer before or after court.

If you are the suing party and do not qualify for any of the exceptions outlined in Code of Civil Procedure §116.540, you must personally appear in court. You cannot send a representative in your place. If you are unsure about your eligibility, refer to this code section for guidance.

When a claim is filed, the clerk will schedule the hearing approximately 45 days from the filing date to allow sufficient time for service of process.

At the hearing:

• The judge will hear both sides of the case.
• You may present witnesses, photos, bills, receipts, contracts, or any other relevant proof.
• The judge may make a decision immediately or take the case under submission and mail the decision later.

In Small Claims Court:

• The party filing the claim is referred to as the plaintiff.
• The party being sued is referred to as the defendant.

If you have been named as a defendant in a Small Claims action and received an order to appear, it means you are being sued.

• If you do not know why you are being sued, contact the plaintiff immediately for clarification.
• Never ignore an order to appear, even if you believe the case is incorrect, unfair, or baseless.

If you fail to appear in court at the designated time and date, the court may proceed without you, and you could lose the case by default.

If you believe the plaintiff has caused you harm or owes you money, you can file a claim against the plaintiff in the same Small Claims action.

• If your case is related to the subject of the plaintiff’s claim, you may file a Defendant’s Claim and Order to Plaintiff. Resolving both cases at the same hearing can be convenient.

If a judgment is entered against you and the time to appeal has expired, the judgment creditor can legally take your money, property, or a portion of your earnings to satisfy the judgment. Additionally, a Small Claims judgment becomes part of the public record.

If you have been named as a defendant in a Small Claims action and received an order to appear at a Small Claims hearing, this means you are being sued. If you do not understand why you are being sued, contact the plaintiff immediately for clarification.

Never ignore an order to appear in court, even if you believe the case is wrong, unfair, or baseless. If you fail to appear at the scheduled time and date, the court may proceed without you, and you could lose the case by default.

If you believe the plaintiff has caused you harm or owes you money, you can file a claim against the plaintiff in the same Small Claims court action. If your claim relates to the plaintiff's case, it can be convenient and efficient to resolve both matters at the same hearing by filing a Defendant's Claim and Order to Plaintiff (form SC-120). Additional information on filing a claim against the plaintiff can be found on the California Courts' Self-Help Guide: Suing the Other Side Back in Small Claims Court.

If a judgment is entered against you and the time to appeal has passed, the judgment creditor can legally take your money, property, or a portion of your earnings to satisfy the judgment. A Small Claims judgment is part of the public record. While Small Claims Court does not report to credit reporting agencies, credit agencies may access court records, which can affect credit ratings.

For more details about your rights and responsibilities as a defendant in a Small Claims case, refer to the California Courts' Self-Help Guide: Plaintiff's Claim and ORDER to Go to Small Claims Court. Additionally, see Plaintiff's Claim and Order (form SC-100), particularly page 5, which contains important information for Small Claims defendants.

Plaintiff's Claim and ORDER to Go to Small Claims Court

If you do not have information regarding the judgment debtor's income or property, you may require the debtor to come to court and answer questions about their assets. To do this, file an Application and Order to Produce Statement of Assets and to Appear for Examination (form SC-134) with the Clerk's Office, along with the required filing fee. A copy must be served on the defendant.

Once you have the necessary financial information, you may request a Writ of Execution (form EJ-130). There is a fee for issuing a Writ of Execution. This court order authorizes the Sheriff or another law enforcement officer to enforce the court's decision and collect the money judgment. The writ directs the officer to seize the debtor's property to satisfy the claim. Property that may be subject to seizure includes wages, bank accounts, vehicles, business property, and rental income. The Sheriff will charge a fee to execute the writ.

If the debtor owns real property, you may record an Abstract of Judgment (form EJ-001) to place a lien on the property. This lien ensures that you will be paid if the property is sold, financed, or otherwise transferred. There is a court fee for issuing an Abstract of Judgment, and it must be recorded with the County Recorder's Office in the county where the property is located. The Recorder's Office will charge a fee for recording the abstract.

Plumas County Recorder/County Clerk's Office
520 Main Street
Room 102
Quincy, CA 95971
(530) 283-6128

For more information on collecting your judgment, visit the California Courts' Self-Help Guide pages: What happens after your trial and Collect your money.

What happens after your trial

Collect your money

By law, the creditor must file an Acknowledgment of Satisfaction of Judgment (form SC-290) with the court once a judgment has been fully or partially paid.

If you have placed liens on the debtor’s property (such as real estate), you must instead file an Acknowledgment of Satisfaction of Judgment (form EJ-100). Failure to file this form will prevent the removal of liens from the debtor’s property, and credit reporting agencies may continue to report the judgment as outstanding. Additionally, the judgment creditor may be held liable for damages if the satisfaction of judgment is not filed with the court in a timely manner.

For more information, visit the California Courts' Self-Help Guide page: What to Do When You Get Paid.

What to do when you get paid

If you missed your Small Claims court date, you can ask the court to cancel (vacate) the judge's decision and request a new court date. To do this, you must file a Notice of Motion to Vacate (form SC-135) within 30 days after the Notice of Entry of Judgment was mailed to you.

For more information about this process, visit the California Courts' Self-Help Guide: Ask to Cancel (Vacate) the Judge's Decision.

Ask to cancel (vacate) the judge's decision

If you disagree with the judgment in a Small Claims case, you have the right to challenge it by filing an appeal. A Small Claims appeal is a new trial where a different judge hears the case. Unlike the initial trial, both parties may have legal representation during the appeal.

To file an appeal, you must submit a Notice of Appeal (Small Claims) (form SC-140) within 30 days of the judge's decision being handed or mailed to you.

For more information about the Small Claims appeal process, visit the California Courts' Self-Help Guide: Appeal (Challenge) the Judge's Decision.

Appeal (challenge) the judge's decision