Case Initiation to Trial

Carefully read the information below to determine whether your situation aligns with a small claims case.

Practical Considerations:

If you believe you have a case for small claims, it is a good idea to think about whether you want to go through the process of a small claims case.  Consider the following:

• If you win the case, does the other side have the money to pay you?
• If you win the case and the other party owes you money, you must collect your judgment yourself—the court will not collect it for you. 
• If you are suing your neighbor or someone you will still know in the future, will winning fix the problem or ruin the relationship?
• Will being involved in the court case, maybe for years (if you win and the other side doesn't pay or is on a payment plan), keep you feeling angry or stressed?  Could you use your energy better in other ways?

Maximum Recovery Amount:

• If you are individual (or sole proprietor of a business), you can sue for up to $12,500.
• Businesses like corporations can only sue for up to $6,250.
• You can only file two claims for more than $2,500 within a calendar year (Jan. 1 - Dec. 31).

Lawyer Representation:

• You cannot have a lawyer represent you in a small claims case, except on appeal.

Ability to Appeal:

• If the plaintiff loses their case, they cannot appeal. The court’s decision is final.
• If the defendant loses the case, they can appeal.
• If the defendant countersued and loses on their claim, the defendant cannot appeal.
• If the defendant countersued and won, the plaintiff can appeal.

Venue:

• The venue for your small claims case can be where the defendant lives, where the damage or accident happened, or where a contract was signed, carried out, or broken.

Statute of Limitations:

• The deadline to file a lawsuit is called the statute of limitations, and depends on the type of case and who you are suing:
  • Personal injury:  2 years after you were hurt
  • Property damage:  3 years after your property was damaged
  • Breaking a contract or agreement:
    • 4 years from the day a written agreement is broken
    • 2 years from the day a verbal agreement is broken
  • Fraud (when you lose money because someone lied to you or tricked you on purpose):  3 years to file after you know about the fraud, or should have known about the fraud.
  • Suing a government or public agency:  You must first file a claim with that agency, usually within 6 months. They have 45 days to make a decision. If they don't make a decision in those 45 days, then the claim is considered denied.  If they reject your claim in writing, you have 6 months to file a civil action in court.

Limitations on Written Agreements:

• If you have a written agreement, read the terms carefully to understand whether you can even go to small claims court.  Some written agreements require that you attend mediation or arbitration before (or instead of) opening a court case.

Comparison with Limited Civil:

• If the recovery amount sought is $35,000 or lower, you can file a limited civil action, where you can have an attorney represent you.  However, the filing costs are higher, and all rules and procedures must be followed.
• There is no limit to the number of lawsuits you can file with limited civil cases.

Before filing paperwork to start a small claims case, you must first ask the other party for the money you believe they owe you.  Let them know how much they owe and why you think they owe you the money.  This demand can be in person, in writing, or by phone.  If the other party pays you, you won't need to go to court.  If you can reach an agreement, write up the terms of payment.  For example, if it will be paid as a lump sum or a series of payments over time.  That way, if there are questions later, both parties will know what each agreed to do.

If the other party does not respond or refuses to pay, you can start a small claims case.  Complete the court forms listed below.  You are the plaintiff, and the other party is the defendant.

SC-100:  Plaintiff’s Claim and ORDER to Go to Small Claims Court

• Page 1:  Fill in the court’s address.  The Court Clerk will complete the rest of Page 1.
• Item 1:  Enter your name, phone number, mailing address, and email address.
  • There is space for a second plaintiff.  If there are more than two plaintiffs, complete and attach form SC-100A, Other Plaintiffs and Defendants (see below).
• Item 2:  Enter the defendant’s exact legal name, phone number, and address.
  • If the defendant is a corporation, LLC, or public entity, list the person or authorized agent for service of process, their job title, and address.
    • If you don’t know the exact legal name, check with the state or local licensing agency, the County Clerk’s office, or the Office of the Secretary of State.
  • If there is more than one defendant, complete and attach form SC-100A, Other Plaintiffs and Defendants (see below).
  • If any defendant is active military, mark the box and enter that defendant’s name.
• Item 3:  Enter the amount that you claim the defendant owes.
  • (a):  Provide an explanation why.
  • (b):  Enter the date or date range when the event or events happened.
  • (c):  Describe how you calculated the money owed to you.
  • Add specifics where possible.  For example:
    • If the events occurred over a series of days, provide a clear timeline of events.
    • Include serial #s, parcel #s, or other identifying information.
    • If your claim is related to a motor vehicle, add the VIN.
    • When calculating the total claim, include the original debt, less any credited payments.
  • If you need more space, mark the box and attach a sheet of paper labeled SC-100, Item 3 at the top.
  • Item 4:  Indicate whether you made a demand before you started your small claims case.  If not, explain why.
  • Item 5:  Check the box that relates to why you are filing your small claims case in the Visalia Courthouse or the South County Justice Center in Porterville.
  • Item 6:  List the zip code of the place checked in Item 5.
  • Items 7 through 10:  Mark any boxes that apply to you or your case.
  • Middle of Page 4:  Date, print your name, and sign.

SC-100A, Other Plaintiffs and Defendants

This is an optional form.  Only complete if there are more than two Plaintiffs or more than one Defendant.

• Item 1:  Enter the information of additional Plaintiffs.
• Item 2:  Enter the information of additional Defendants.
• Item 3:  Mark the box for Yes or No if the claim is more than $2,500.
• Bottom of page:  Date, print your name, and sign.

Once you’ve completed your forms, make one copy for you plus one copy for each defendant you are suing.  Bring the originals and copies to the Clerk of Court for filing, located inside the courthouses in Visalia and Porterville.

The Clerk of Court will file the original forms and return your filed copies.  One copy is for your records, and other copies are to be served on the defendants.  Trial will be set within 30 to 70 days after filing.  Your hearing date will be listed in the middle of Page 1 of form SC-100.

Court Fees:  There are fees associated with starting a small claims case, which are based on the claim amount.  If you cannot afford the filing fees, ask the Clerk of Court for Fee Waiver Packet, which includes: 

• FW-001, Request to Waive Court Fees, and
• FW-003, Order on Court Fee Waiver (Superior Court).

Complete the Fee Waiver forms, make one copy, and present them at the time of filing.  Fee Waiver forms do not need to be served on the defendant(s).

The next step is to have someone serve your forms on the defendant(s).  The server must be at least 18 years old and not a party to the case.  The Sheriff can also serve your forms for a fee, unless you have a fee waiver that was granted by the court.  Service must be completed at least 15 days before the trial date if the defendant is in Tulare County (or 20 days if the defendant is outside Tulare County).  Add 10 more days if serving by substituted service.

Service Methods:

• Personal Service:  The server hands a filed copy of form SC-100 to the defendant.
• Substituted Service:  The server hands a filed copy of form SC-100 to an adult at the defendant’s home or work.  Afterwards, the server must mail a copy of form SC-100 to the defendant at that same address.
  • Note:  You are not required to attempt personal service or exercise other due diligence before using substituted service.
• Certified Mail:  For a fee, the Clerk of Court will send a filed copy of form SC-100 to the defendant by certified mail.  The defendant must sign for the delivery, which provides confirmation that form SC-100 was received.  The date of service is the date they sign for the delivery.
  • Caution:  If someone else signs for the delivery, or it is left unsigned, the court will not find adequate service.

Serving a Business or Public Entity:  If you are suing a business or public entity, you must serve a specific person authorized to accept service, not just any employee.  To learn more, review form SC-104C, How to Serve a Business or Public Entity.

After the Defendant has been served, the server must complete and sign form SC-104, Proof of Service, stating who, when, where, and how the service took place.  Bring the Proof of Service plus one copy to the Clerk of Court for filing.  The Clerk will keep the original and give you back a copy for your records.  A filed Proof of Service tells the court that the other party received the forms and was notified of the court date.  If there is no filed Proof of Service, the court may not be able to make orders in the case.

Filing Deadline:  The Proof of Service must be filed at least 5 days before the court hearing.

If you are the defendant and want to countersue the plaintiff, complete form SC-120:  Defendant’s Claim and ORDER to Go to Small Claims Court.  The questions are nearly identical to those on form SC-100, described above.  The defendant’s claim does not need to relate to the same subject or event as the plaintiff’s claim.  To countersue, complete and file form SC-120 at the Clerk of Court, and then serve the plaintiff by the following deadlines:

• If you received form SC-100 more than 10 days before the trial date, you must serve your form SC-120 on the plaintiff at least 5 days before the trial.
• If you received the form SC-100 within 10 days of the trial date, you must serve your form SC-120 on the plaintiff at least 1 day before the trial.

Trial Notes:  Before your trial, make notes about your claim or defense.  You can refer to these notes at trial when speaking to the Court so you can clearly state what relief you want and the specific orders you’d like the court to make.

Witnesses:  Write out the questions you intend to ask each witness, and talk to them about what they’ll say so you aren’t surprised at the trial.  All witnesses must come to court and testify in person, so the other party has an opportunity to cross-examine them.  Witnesses must remain outside in the hallway until it is their turn to testify.

Exhibits:  Gather documents and photographs that support your claim or defense.  Receipts, invoices, lease agreements, copies of cancelled checks, deposit receipts, and correspondence between you and the other party (emails, text messages, or letters), may be presented at court.  Make multiple copies for each exhibit:  one copy for you, one copy for the court, one copy for the defendant, and if necessary, an extra copy for witnesses.  Place the exhibits in the order that you intend to introduce them.

• Tip:  If you are presenting photographs, make color copies enlarged to at least 8 ½” x 11”.
• Playing electronic media in court:  If you intend to present pictures or video stored on a USB flash drive, bring both the USB flash drive and a device (such as a laptop) to display them.  The court will not provide a laptop for you to use at trial.  USB flash drives received by the court as evidence may not be returned to you.

Trial Location:   The date, time, and Department where your small claims trial will take place is listed on page 1 of form SC-100.  Arrive early to give yourself time to find parking and get through security.  Bring all of your filed forms and any evidence you want to present.  When you arrive at the courtroom, check in with the bailiff.

Mediation:  After taking roll, the parties may be referred to mediation, where a professionally trained mediator will meet with the parties to clarify the issues.  Mediators don't decide who is right or wrong.  Instead, they help the parties reach a mutually agreeable solution.  This non-adversarial framework can be less stressful than going to trial, and the informal setting can encourage cooperation and improve communication.  The mediation session is confidential, meaning any information disclosed during the session will not be revealed to anyone.  Note:  Mediators will not assist with certain cases, such as auto accidents.

• If an agreement is reached, the mediator will prepare a written stipulation, obtain signatures from the parties, and submit to the court.  The parties will not need to appear before the judicial officer.
• If no agreement is reached in mediation, the matter will proceed to trial.

Trial:  Small claims trials are heard by a judicial officer – there is no jury.  The burden of proof is on the plaintiff (or defendant if they filed a counterclaim) to establish their claim by a preponderance of evidence.  This means that the party's claims are more likely true than not true.  The plaintiff will have the opportunity to present their side first, followed by the defendant.  The length of the trial will depend on the complexity of the case and how much evidence both parties present.

Judgment:  After both parties have presented their case, the judicial officer may make a ruling.  However, in many cases the matter will be taken under submission to allow the judicial officer to further examine the evidence presented.  If the matter is taken under submission, the judgment will be issued within 90 days.  The terms of the judgment will be prepared on form SC-130, Notice of Entry of Judgment. 

Delivery of the Judgment:  The Clerk of Court will mail form SC-130, Notice of Entry of Judgment to both parties.  In addition, the judgment debtor will be sent a blank form SC-133, Judgment Debtor’s Statement of Assets.

After you receive the Judgment, read it carefully so you know what the court decided. If you won the case and can collect money, you are the judgment creditor.  If you lost the case and owe money, you are the judgment debtor. 

• Read more about the options for the judgment creditor.
• Read more about the options for the judgment debtor.

Any exhibits introduced into evidence must be retrieved within 60 days of the entry of Judgment, or they will be destroyed.  Ask the Exhibits Clerk about how to get your exhibits back.