Small Claims Court in Alameda County

In Alameda County, CA small claims cases are filed in the Small Claim Court. Alameda County has two Courthouses that handle small claims, serving different jurisdictions.

Squabble can help you easily navigate the small claims court system to file a claim. We understand that not everyone is a legal expert, and we're here to make the process as simple as possible. In this guide, we'll address your questions about filing claims in the Alameda Court System.

Small Claims Court

Small Claims Court is a great option for anyone looking to resolve a civil case quickly and affordably. The process is informal, making it one of the easiest ways to settle disputes legally. In these cases, the person filing the lawsuit is called the plaintiff, while the person being sued is the defendant.

Important Limitations

• You can’t sue for more than $12,500 in most situations.
• Businesses or public entities are capped at $6,250.
• Starting November 1, 2021, there’s no cap on claims related to Covid-19 rental debt.
• You can’t file more than two cases for $2,500 or more in a calendar year.
• Lawyers are not allowed in the courtroom unless you’re appealing a decision, but you can seek legal advice before your trial.
• Keep in mind that plaintiffs cannot appeal their case.

What You Need to Know

Types of Cases Handled

Small Claims Court can address a variety of issues, including:

• Tenant/Landlord Disputes
• Personal Injury Claims
• Stolen Property
• Damaged Property
• Debt Collection
• Auto Repair Issues
• Poor Construction Work
• Product Defects
• Broken Contracts or Verbal Promises

Statute of Limitations

The statute of limitations is the time limit you have to file a claim, starting from the date of the incident or, in some cases, when you discover the issue. If you don’t file in time, you risk losing your right to take legal action. The time limits vary depending on the type of claim. Here are some common ones:

• Personal Injury: 2 years
• Injury to Real Estate or Personal Property: 3 years
• Oral Contract: 2 years
• Written Contract: 4 years
• Medical Malpractice: 3 years from the incident or 1 year from when you discovered it (if you acted with reasonable diligence)
• Claims Against Public Entities: Refer to specific guidelines for these claims.

Demand Letter

Before you file a small claims case, it’s important to make a demand to the other party first. This demand can be either written or verbal, but it should include the following elements:

• A clear request for payment or another action.
• A brief summary of what happened.
• A deadline for the other party to respond to your demand.
• A statement indicating your intention to sue if they don’t comply.

Claims for Covid-19 Rental Debt (Effective 11/01/2021)

If you’re a landlord seeking to sue a tenant for unpaid rent that was due between March 1, 2020, and September 30, 2021, there’s no cap on the amount you can claim, provided you follow these guidelines:

• You must have made a good faith effort to secure rental assistance for the unpaid amounts before filing.
• You can’t include any amounts that have already been covered by rental assistance.
• The rental debt can also include other lease-related payments, like parking fees and utilities.
• To file your claim, use form SC-500. For further details, check SC-500-INFO.

Claims Against Public Entities

If you're planning to file a claim against a public entity or government agency, like a police department, there are some extra steps involved:

1. File a Complaint First: You need to file your complaint with the agency and exhaust all administrative options. This must be done within six months for claims related to death, personal injury, or damage to personal property, and within a year for other types of claims.
2. Next Steps After Denial: If the agency denies your complaint, you can then file a claim in small claims court. Be sure to include a copy of the denial letter with your claim.

Important Note: You cannot sue a federal agency in small claims court. Instead, you’ll need to file your complaint in general civil court. You also have six months from the date of the denial letter to file your small claims case. Refer to Government Code Sections 911.2 and 945.6 for more details.

Suing for Attorney Fees

If you're looking to sue for attorney fees, you may need to go through arbitration first, depending on your agreement with your attorney. Here’s what to keep in mind: Arbitration Requirement: If arbitration is required, contact the California State Bar Association for Mandatory Fee Arbitration at 415-538-2020, especially if your fee dispute is in Alameda County. Filing After Arbitration: If you disagree with the arbitration decision, you can file your small claims complaint within 30 days of receiving the Notice of Arbitration Award. Be sure to complete and submit both the SC-101 and SC-100 forms when you file.

Who Can File a Claim You can file a small claims action if you meet one of the following criteria:

• You are at least 18 years old.
• You represent a corporation or business.
• You are an emancipated minor.

For Minors: If a minor wants to file a claim, they can do so through an adult—such as a parent, relative, or friend—who can act as their "guardian ad litem." The adult must complete, file, and serve the CIV-010 form (Application and Order for Appointment of Guardian Ad Litem) along with the SC-100 form.

Forms Needed for Filing

To file your claim, you’ll need to complete the following forms:

• SC-100: Plaintiff’s Claim. You can download this form from www.courts.ca.gov.
• SC-500: If you are suing for Covid-19 Rental Debt, you will need this form.
• SC-100A or SC-500A: Use these for additional plaintiffs or defendants.
• SC-103: If you’re using a fictitious business name, you should also fill out this Fictitious Business Name Declaration.

Where to Your Claim

You need to file your claim in the county and court location that meets one of the following criteria:

• Where the defendant lives or where their business is located.
• Where the damage or accident took place.
• Where the contract was signed, intended to be performed, or where the contract violation occurred.

It’s crucial to file in the correct venue; otherwise, your case could be dismissed, and you would lose your filing fee. If there are multiple appropriate venues, choose the one that makes the most sense for your situation.

Name Your Defendant Correctly

It's important to sue the defendant using their exact legal name, particularly if the defendant is a business. Here’s how to ensure you name them correctly:

• For Corporations/Associations: Check the official name on the California Secretary of State’s website at www.sos.ca.gov/business or call the Secretary of State at (916) 653-6812.
• For Fictitious Business Names: Look up the name at the Recorder’s office. In Alameda County, you can call (510) 272-6789 or visit www.acgov.org. For other counties, check www.csac.counties.org.
• For Sole Proprietors Using a Fictitious Name: You can name them as follows: “John/Jane Doe, individually and doing business as ________.”

Make sure to provide the defendant’s correct address. This is crucial, especially if you plan to serve the defendant by certified mail through the court. Remember, you can’t just list a PO Box; you must include a physical address as well.

Cost to File

The filing fee for small claims depends on the amount you are suing for:

• $1,500 or less: $30
• $1,501 to $5,000: $50
• $5,001 to $12,500+: $75

If you have filed 12 or more claims in the past year: $100 each If you're unable to pay the filing fee, you can request a fee waiver using form FW-001 (Request to Waive Court Fees). The court will review your request and make a decision within five business days. If granted, you won’t have to pay the fee. If denied, you'll have 10 days to pay from the denial date. The court may also require you to meet with a financial hearing officer before making its decision.

File My Small Claims Case

To file your small claims case in Alameda County, follow these steps:

1. Prepare Your Complaint: Make at least two copies of your complaint (SC-100 or SC-500). You need to file the original plus two copies (three total). If you’re suing multiple defendants, you’ll need additional copies.
2. File Your Complaint: You can file your small claims complaint at one of the following courthouses:
   • Rene C. Davidson Courthouse 1225 Fallon Street, Oakland, CA 94612
   • Hayward Hall of Justice 24405 Amador Street, Hayward, CA 94544
3. Filing Hours:
   • In-Person Filing: 8:30 AM to 3:00 PM, Monday through Friday. You can make an appointment to file online at Alameda County Online Appointment Services.
   • Drop Box Filing: 3:00 PM to 4:00 PM, Monday through Friday.
4. Drop Box or Mail Filing: If you’re using the drop box or mailing your complaint, include a check or money order for the filing fees (if you don’t have a fee waiver) and a self-addressed stamped envelope.
5. E-Filing Option: E-filing is available, which does not require copies, but additional fees may apply. More information can be found at Alameda County E-Filing Services.
6. Pay the Filing Fee: Be prepared to pay the filing fee when you file your complaint or request a fee waiver. Refer to the earlier section for details on fees and fee waivers.

Serve the Defendant

As the plaintiff, it’s your responsibility to ensure that the defendant(s) are properly served. In small claims cases, the defendant must be served within California, with only two exceptions:

1. The defendant owns real property involved in the lawsuit.
2. The lawsuit pertains to a car accident in California that the defendant was part of.

Here are the acceptable methods for serving the defendant:

1. Personal Service:
   • A person who is at least 18 years old and not involved in your case can deliver a copy of your claim directly to the defendant.
   • The server must complete and sign the SC-104, Proof of Service form, which you will file with the court.
   • You can also hire a registered process server for a fee. In Alameda County, the marshal or sheriff will serve the defendant only if you have a fee waiver.
2. Substituted Service:
   • The server can leave a copy of the claim with a competent person who is at least 18 years old at the defendant’s home or business.
   • After that, the server must mail a copy to the defendant at the same address.
   • Service is considered complete 10 days after mailing. The server must complete and file both the SC-104 and SC-104(a), Substituted Service if a different person handled the mailing.
3. Certified Mail:
   • Only the court clerk can serve the defendant by certified mail. You must pay a $15 fee and confirm with the court that the service is valid. If it’s not valid, you will need to serve the defendant through personal or substituted service.

Additional Notes:

• If you have a court-certified fee waiver, you can request the Alameda County Sheriff’s office to serve the papers. Otherwise, you’ll need to hire a registered process server.

• To serve a business or public entity, refer to SC-104C for instructions.

• If serving a non-resident defendant in a car accident case, you must also serve the Director of the DMV by certified mail at:

  Office of the Director
  Department of Motor Vehicles
  2415 1st Avenue Mail Station F101
  Sacramento, CA 95818

Days Do You Have to Serve

You have specific time frames for serving the defendant, depending on the method of service:

• Personal Service:
  • 15 days before the hearing date if the defendant lives in Alameda County.
  • 20 days if the defendant is located outside the county.
• Substituted Service:
  • 25 days before the hearing if the defendant lives in Alameda County.
  • **30 days if the defendant is outside the county.
• Certified Mail:
  • Follows the same timeline as personal service; service is considered complete upon the signing of the return receipt.

Additionally, you must file the proof of service at least 5 court days before the trial. If you don’t serve the defendant in time, your trial may be postponed. If you need more time to serve, you can request the court to reset the trial date either before or during the trial.

Before the Trial

Defendant’s Claim

Defendants have the right to file any claims they may have against you or other plaintiffs by submitting SC-120, Defendant’s Claim and Order. All claims will be heard at the same time.

• Claim Limits: The same limits apply to the defendant's claim as outlined in the "Limitations" section.
• Service Requirements: The defendant’s claim must be served at least 5 days before the trial. However, if the defendant received the plaintiff’s claim 10 days or less before the trial, they can serve their claim 1 day before the trial.
• Filing Flexibility: Defendants can file the SC-120 regardless of whether the plaintiff filed SC-100 or SC-500.

How to Amend a Claim Before the Hearing

You can amend your small claims complaint in the following ways:

1. Changing a Party’s Name: If you only need to change a party’s name after the complaint has been served, file SC-114, Request to Amend Claim Before Hearing.
2. Changing Other Information: If you want to change other details, like adding a defendant or adjusting the claim amount after the complaint has been served, file the local Alameda County form titled “Request to Amend Claim Before Hearing.”

Serving the Amended Complaint:

• If the defendant has already been served, you can re-serve them via personal service or by mail.
• If the defendant has never been served, you must serve the amended complaint just as you would the original complaint.

Gathering Evidence

After your complaint is served, you can subpoena a person or documents using the following guidelines:

• Subpoena Form: Use SC-107, Subpoena for Personal Appearance and Production of Documents.
• Witness Costs: Witnesses are entitled to $35 per day and $0.20 per mile for travel.
• Service Requirements: Personal service is required for the subpoena. You must file proof of service with the clerk.
• Document Availability: Documents will not be available until the trial.

If You Need Witness Declarations:

• Declaration Form: Use MC-030, Declaration. If the witness is out of state, the declaration must be notarized.
• Copies: Bring the original declaration and enough copies for each party involved and the judge to the hearing.

Get Ready for Your Hearing

To prepare for your hearing, follow these steps:

• Scheduling: Cases are typically scheduled about 45 days after filing.
• Prepare Your Summary: Write a brief summary of what happened in your case and organize your evidence, including receipts and documents. Consider creating an index if needed.
• Make Copies: Ensure you have copies of all documents for the judge and for each of the defendants.
• Accommodations: If you have a disability or need assistance, complete and file MC-410, Request for Accommodations by Persons with Disabilities and Response at least 5 days before the trial.

Settle with the Defendant Before the Trial

If you reach a settlement with the defendant before the hearing, you can dismiss your case. To do this, complete and file CIV-110, Request for Dismissal.

• Dismiss with Prejudice: This means you cannot sue the defendant again for the same claim.
• Dismiss without Prejudice: This allows you to sue again for the same claim in the future, as long as the statute of limitations has not expired.

How to Request a Postponement

If you need to postpone your small claims hearing, either party can file SC-150, Request to Postpone Small Claims Hearing at least 10 days before the hearing date. If you’re requesting a postponement less than 10 days in advance, you must demonstrate good cause.

To request a postponement, you must:

• Pay a $10 Filing Fee.
• Serve the Other Party: Ensure the other party is served first. Attach SC-112A, Proof of Service by Mail to your request.

Interpreters/Accommodations at Trial

If you need an interpreter or reasonable accommodations for your trial, it's important to inform the court in advance:

• Requesting an Interpreter: Use the local form ALA-INT-001 or INT-300, Request for Interpreter (Civil) if you have a fee waiver. Otherwise, you may need to cover the cost of the interpreter yourself.
• Using a Family Member or Friend: If an interpreter isn’t available on the trial day, you can bring a family member or friend to interpret for you.
• Requesting Accommodations: If you require reasonable accommodations due to a disability, submit your request using MC-410 at least 5 court days before the trial.

At the Trial

• Arrive Early: Make sure to arrive at court early and dress appropriately. Always address the judge as “Your Honor.”
• Check In: Upon arrival, check in with the courtroom clerk and wait for your case to be called.
• Mediation Opportunity: The judge may offer same-day mediation before your case is heard.
• Verdict: The judge may deliver a verdict on the same day or take the case under submission to decide later. If the decision is made later, the court will mail it to you.
• Requesting Fees: If you win your case, you can request reimbursement for any fees and costs you’ve paid.

Judgment

After the trial, the court's decision is typically mailed to you. If you haven't received a judgment within two weeks, contact the clerk’s office.

• Notice of Judgment: The decision will be documented on SC-130 or SC-200, Notice of Entry of Judgment.
• Judgment Creditor: This is the party who wins the case and has the right to collect the money.
• Judgment Debtor: This is the party who loses the case and is responsible for paying the awarded amount.

After Judgment

After the judgment is issued, collection of the awarded amount is postponed for 30 days. This allows defendants time to appeal or file a motion to vacate the judgment.

• Representation on Appeal: Lawyers can represent either party during the appeal process.
• Important Note: Plaintiffs cannot appeal in small claims cases.

After the Judgment

A judgment is the court’s decision in your case. If you don’t receive the Notice of Entry of Judgment within two weeks after the trial, contact the clerk’s office. If you owe money, you become the judgment debtor, while the plaintiff is the judgment creditor. Here are your options:

Appeals

• Plaintiffs Cannot Appeal: Only defendants can appeal unless they filed a Defendant’s Claim (SC-120).
• Deadline: Appeals must be filed within 30 days of the notice of entry of judgment.
• Hearing: Appeals are new hearings where you present your case again.
• Final Decision: The appeal’s decision is final, and further appeals are not allowed.
• Harassment Warning: The court may award attorney's fees if the appeal is for harassment or delay.

Motion to Vacate a Default Judgment

If you missed the trial for a valid reason, you can file a Motion to Vacate:

• Form: Use SC-135 within 30 days of the judgment date, with a $20 fee.
• Same-Day Trial: If granted, the court may hold the trial the same day.
• Appeal Denial: If denied, you can appeal that denial within 10 days of the decision.

Request to Correct Judgment

If there was a clerical or legal error:

• Form: File SC-108 within 30 days from the judgment date.
• Definition: A legal error occurs when the wrong law is applied, such as an incorrect statute of limitations.

Getting Paid

After the judgment, the debtor must either (1) pay you or (2) send you SC-133, Judgment Debtor’s Statement of Assets within 30 days of the notice of entry of judgment. If you don’t hear from the debtor, check with the court to see if they’ve made a payment or requested installment payments.

• Full Payment: If the debtor pays in full, you need to complete SC-290, Acknowledgment of Satisfaction of Judgment and file it with the court within 30 days. Failing to do so may result in a penalty.
• If Not Paid: If the debtor doesn’t pay within 30 days, refer to the handout on “Collecting Your Judgment” for your options.

Important Points for Judgment Creditors:

• Interest Accrual: Judgments accrue 10% interest annually until paid.
• Duration: Judgments remain valid for 10 years and can be renewed before the expiration.
• Additional Costs: You can add costs and fees to the judgment if you incur extra expenses while trying to collect.
• Credit Impact: An unpaid judgment will appear on the debtor’s credit report and can affect their credit score until settled. Their driver’s license may also be suspended until the judgment is paid.

Let Squabble Help You With Your Claim at Alameda County

Don't let the complexity of the legal system deter you from seeking justice and compensation for your claim. With Squabble, you have a partner to simplify the process and help you navigate the path to resolution. If you're considering filing a claim at Alameda County small claims court, Squabble is here to assist you every step of the way. Contact us today to start your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. Hayward Hall of Justice

   24405 Amador Street
   Hayward, CA 94544
   (510) 690-2700
   https://www.alameda.courts.ca.gov/location/hayward-hall-justice

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 3:00 p.m., except court holidays.

2. Oakland - René C. Davidson Courthouse

   1225 Fallon Street
   Oakland, CA 94612
   510-891-6000
   https://www.alameda.courts.ca.gov/

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 3:00 p.m., except court holidays.