Small Claims Court in Contra Costa County

In Contra Costa County, CA small claims cases are filed in the Small Claim Court. Contra Costa County has three 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 Contra Costa Court System.

Small Claims Court

Small claims court offers a quick and affordable way to resolve disputes. The process is informal, and lawyers are typically not allowed. The person filing the claim is the plaintiff, while the person being sued is the defendant. You don’t need to be a U.S. citizen to participate, and assistance is available for non-English speakers.

Claims are generally capped at $5,000, but individuals can seek up to $10,000. A claimant may file only two claims over $2,500 within a calendar year, while there’s no limit for claims of $2,500 or less. Filing fees range from $30 to $75 based on the claim amount, with additional fees for frequent filers.

The court can order defendants to return property or pay for it as part of a money claim. Enforcement is usually handled by the sheriff’s department, but specific procedures may vary, so it’s best to consult local authorities for guidance.

Disputes Examples

• Security Deposit Issues: Your former landlord refuses to return your security deposit.
• Vehicle Damage: Someone dents your car’s fender and won’t pay for the repairs.
• Defective Products: Your new TV is malfunctioning, and the store refuses to fix or replace it.
• Tenant Damage: Your tenant caused damage to the apartment that exceeds the security deposit. (Note: Eviction actions cannot be filed in small claims court.)
• Fraudulent Car Purchase: You were defrauded when buying a car and want to cancel the purchase and recover your down payment.
• Loan Repayment: You lent money to a friend, and they refuse to pay you back.

Filing Fees

Filing fees are based on the claim amount:

• $30 for claims up to $1,500
• $50 for claims over $1,500 but not exceeding $5,000
• $75 for claims exceeding $5,000

If a plaintiff has filed more than 12 small claims in the past year:

• Each additional case incurs a $100 fee

Winning plaintiffs can recover:

• Only standard court costs, not the higher fees paid

Small Claims Court Hearing Schedule

• Hearing Timeline:
  • Cases are typically heard within 30–40 days after the plaintiff files a claim.
  • Hearings are not scheduled earlier than 20 days or more than 70 days after the claim is filed.
• Session Days:
  • Most hearings take place on weekdays.
  • Some courts offer evening and Saturday sessions.

Before Filing a Small Claims Case

• Assess Dispute Resolution Options:
  • Evaluate if small claims court is the best way to resolve your issue.
  • Other methods, like mediation, may be effective.
  • Many counties offer informal dispute resolution through local consumer affairs offices or public/private mediation programs.
• Legal Responsibility:
  • Determine if the defendant is legally responsible for the claim.
  • Consider if the law supports your case; a small claims judge must follow applicable laws fairly.
  • If the law isn’t in your favor, voluntary mediation might lead to a better outcome.
• Preparation for Filing:
  • Be ready to invest time and effort in:
    • Preparing for the hearing.
    • Gathering evidence.
    • Meeting with witnesses.
    • Attending the hearing in person.
• Enforcement of Judgment:
  • Understand that enforcing a judgment can be challenging and may require additional time and money.
  • Even with a judgment, the defendant might not have the funds to pay or may refuse to pay.
  • Collecting a judgment is often one of the most difficult aspects of litigation, and there’s no guarantee of recovery.
• Finality of Small Claims Court:
  • Remember that you cannot appeal a small claims court decision.
• Choosing small claims means you forfeit the right to have a different judge review your case.
• If you lose, the case ends there. If you win, the defendant has the option to appeal, which could lead to a new hearing before a different judge.

Resolving Disputes Before Going to Court

• Attempt Friendly Resolution:
  • Have you and the defendant tried to resolve the issue amicably?
  • If not, consider reaching out to them before pursuing legal action.
  • At a minimum, communicate the legal remedy you hope to achieve through the court.
• Offer Incentives for Settlement:
  • If the defendant owes you money, think about accepting a lower amount if paid immediately.
  • Conversely, if you owe money, it might be beneficial to offer slightly more than you believe you owe to quickly resolve the dispute.
• Consider Consequences of Going to Court:
  • If the dispute escalates to court and results in a judgment against you, you may incur additional costs and interest.
  • A judgment can negatively impact your credit record.
• Payment Arrangements:
  • If there’s no disagreement over the amount owed but you can’t pay it all at once, propose a plan to make weekly or monthly payments.
  • Judges can authorize installment payments even after the court case is decided.

Mediation

• What is Mediation?
  • Mediation is an informal process for resolving disputes with the assistance of a third-party mediator.
  • Unlike a judge, the mediator does not make decisions but helps the parties reach their own agreement.
  • The process focuses on restoring relationships between the parties involved.
• Suitability for Mediation:
  • Mediation is particularly effective for disputes involving neighbors and family members due to the importance of maintaining these relationships.
  • Keep in mind that both parties must agree to the mediation results for it to be effective.
• Finding Mediation Programs:
  • If you believe mediation could help resolve your dispute, ask the small claims court clerk if they offer a mediation program.
  • If not, the clerk may know of publicly funded mediation options available in your county.
  • You can also search the business section of your telephone directory for local mediation programs.
  • For assistance, you can contact the California Department of Consumer Affairs at (800) 952-5210. Hearing-impaired individuals can call (800) 322-1700 (TDD) or (916) 322-1700 (TTY).
• Online Resources:
  • A list of mediation programs is available on the California Department of Consumer Affairs website: www.dca.ca.gov.

Sue or Be Sued in Small Claims Court

• General Rules:
  • With certain exceptions, anyone can sue or be sued in small claims court.
  • Most parties must represent themselves.
• Who Can Sue or Be Sued:
  • An individual can sue another individual or a business.
  • A business can sue an individual or another business.
  • Limitations:
    • An assignee (e.g., a collection agency) cannot file a suit in small claims court.
    • Federal agencies cannot be sued in small claims court.
• Requirements for Filing or Defending a Case:
  • You must be:
    • At least 18 years old or legally emancipated.
    • Mentally competent.
  • If under 18 and not legally emancipated, or declared mentally incompetent by a court, a person must be represented by a guardian ad litem.
    • For minors, this representative is typically a parent.
• Assistance:
  • A small claims clerk or adviser can help explain how to have a guardian ad litem appointed.
• Self-Representation:
  • In most cases, parties involved in a small claims action must represent themselves.
• Restrictions on Representation:
  • Generally, attorneys are not allowed to represent you in small claims court.
  • Non-attorney representatives, such as debt collection agencies or insurance companies, may also not represent you.

Where to File

• Importance of Proper Court:
  • It’s crucial to file your case in the correct small claims court.
  • In larger counties, courts are divided into areas, and you must file within the appropriate area.
• Consult a Small Claims Adviser:
  • To determine the correct court for your situation, consulting a small claims adviser is recommended.
  • This helps avoid complications and potential costs for both parties.
• General Rule for Filing:
  • Cases should generally be filed in the county and area where the defendant resides to promote fairness.
  • This makes it easier for the defendant to defend themselves.
• Exceptions to the General Rule:
  • There are various exceptions; for example, in cases like automobile accidents or contracts.
• Filing Procedure:
  • On your claim form (Form SC-100), you must state why the court is appropriate for your case.
  • Judges will scrutinize this, especially if the defendant lives outside the county or area.
• Consequences of Improper Venue:
  • If the judge determines that the case was not filed in the correct county:
    • The case will be dismissed without prejudice unless all defendants agree to proceed.
  • If filed in the wrong location within the correct county, the case may be transferred or dismissed without prejudice.

Specific Exceptions to Filing Rules

• Automobile Accidents:
  • Claims may be filed in:
    • The county and area where the accident occurred.
    • The county and area where the defendant resides.
• Contract Claims:
  • Claims may be filed in:
    • The county or area where the contract was signed.
    • The county or area where the contract was to be performed.
• Consumer Purchase Claims (Seller):
  • Claims to enforce a debt from a consumer purchase can be filed in:
    • The county where the consumer signed the contract.
    • The county where the consumer resided at that time.
    • The county where the action is filed.
    • The county where the purchased goods are installed or kept.
• Consumer Purchase Claims (Buyer):
  • Consumers can file claims in the above localities against businesses providing goods, services, or credit.
  • Additionally, claims can be filed if the purchase resulted from an unsolicited phone call from the seller.

Statute of Limitations

Definition and Purpose:

• Claims must be filed within a time limit known as the statute of limitations to prevent the filing of old cases.
• This limit helps ensure that memories remain fresh, witnesses are available, and details are clear.
• General Rule:
  • File your case as soon as reasonably possible.
  • Statutes of limitations typically last for at least one year.
  • If a claim isn’t filed within this time, the judge may dismiss it unless there’s a valid reason for an extension.
• Consult a Small Claims Adviser:
  • If considering filing an older claim, consult an adviser to explore if circumstances allow for an extension.

Examples of Statutes of Limitations:

• Personal Injury:
  • Two years from the date of the injury or from when it was discovered (or should have been discovered).
  • Minors have until two years after their 18th birthday to file.
• Oral Contract:
  • Two years from the date the contract was broken.
• Written Contract:
  • Four years from the date the contract was broken.
• Claims Against Government Entities:
  • A written claim (called a "Government claim") must be submitted before suing.
  • This claim must include specific information, as outlined in Government Code section 910.
  • Some agencies may have specific forms available.
• Filing Timeframes: -For personal injury or property damage claims against a government entity: file within six months of the incident.
  • For breach of contract or injury to real property: file within one year of the incident.
  • If the government entity rejects your claim, file your court action within six months of receiving the rejection notice.
• Decision Timeline:
  • A government entity has 45 days to respond to a claim.
  • If no response is received within that time, consider it a rejection and file your lawsuit immediately.

Complexity and Exceptions

• Complications:
  • Statutes of limitations and related rules can be complex; exceptions may apply.
  • Factors such as the defendant’s residency or incarceration can extend the filing period.
  • Misinterpretations of contract types (oral vs. written) can affect applicable limitations.
• Filing Uncertainty:
  • If unsure about the timeliness of your claim, you may file it and let the judge decide.
  • However, it’s advisable to consult a small claims adviser for clarity before filing.

Naming Defendants

1. Correct Naming: Accurately name the defendant(s) to ensure enforceability of any judgment.
2. General Rules:
   • If unsure who is liable, name all possible defendants.
3. Examples of Naming:
   • Individual: Use the full name (e.g., “John A. Smith”).
   • Business Owned by Individual: Include both owner and business name (e.g., “John A. Smith, dba Smith Carpeting”).
   • Business with Multiple Owners: List each owner (e.g., “John A. Smith, dba Suburban Dry Cleaning” and “Mary B. Smith, dba Suburban Dry Cleaning”).
   • Corporation/LLC: Use the exact business name with designation (e.g., “Fourth Dimension Graphics, Inc.”).
   • Vehicle Accident: Name both the registered owner and the driver (e.g., “Joe Smith, owner and driver”).
4. Amending Claims:
   • If not yet served, prepare and file a new claim form (Form SC-100). Serve this new form to defendants.
   • If served already, request court permission to amend.
5. Dismissing Defendants:
   • Use the dismissal form or Form CIV-110 to remove defendants.
   • Inform dismissed defendants with a copy of the filed dismissal.

Notifying the Defendant of Your Claim

1. Claim Form (Form SC-100):
   • This form informs the defendant of the claim amount, basis, and hearing details.
2. Service of Process:
   • Definition: Delivering a true copy of the claim form to the defendant.
   • Must be done before the case is heard.
   • Cannot be done by the plaintiff themselves; must be completed by an adult who is not involved in the lawsuit.
3. Timing:
   • Serve the claim at least 15 days before the hearing for in-county defendants, or 20 days for out-of-county defendants.
   • If using substituted service, add 10 days to these timelines.
4. Responsibilities:
   • The plaintiff must ensure proper notification and cover any associated costs.
   • Providing more notice than legally required is encouraged.
5. Methods of Service:
   • Certified Mail by Court Clerk: May be less reliable (50% success rate) due to possible refusal of delivery by the defendant.
   • Personal Service: Preferably by a professional process server or sheriff, delivering the claim form directly to the defendant.
   • Substituted Service:
     • Leave a copy of the claim at the defendant’s home or business with a competent person (18 years or older).
     • Mail another copy to the defendant; considered complete 10 days after mailing.
   • Service on Non-Residents: Can be served through the California DMV if involved in a state accident.
6. Proof of Service:
   • Proof of Service (Form SC-104) must be completed and filed to show that the defendant was properly served.
   • If using substituted service, use Proof of Mailing (Substituted Service) (Form SC-104A) and file it at least 5 days before the hearing.
7. Special Considerations:
   • For corporations or partnerships, serve an authorized individual (e.g., president, general partner).
   • If the defendant is a minor, serve the parent or guardian and also provide a copy to the minor if they are 12 or older.

Postponing a Small Claims Hearing

1. Requesting a Postponement:
   • File a written request using Form SC-150 with the small claims court clerk.
   • Send a copy of the request to the other party involved in the case.
   • The request must be filed at least 10 days before the scheduled trial date.
2. Filing Fee:
   • A fee of $10 is typically required when filing the request.
   • No fee is needed if the postponement request is made before the plaintiff serves the claim or if the defendant has not served the required number of days in advance (15 days for in-county residents or 20 days for out-of-county residents).
3. Valid Reasons for Postponement:
   • You must provide a sufficient reason for the request, such as:
     • Not having been contacted by the plaintiff before they filed the suit.
     • Not having had a discussion regarding the plaintiff's claim.
4. Common Reasons the Court Accepts for Postponement:
   • The plaintiff has not been able to serve the defendant.
   • The defendant was served fewer than the required days before the hearing.
   • The defendant has filed a counterclaim, and the plaintiff was not served at least five days before the hearing.
   • The court believes the parties would benefit from mediation or alternative dispute resolution.
5. Consultation:
   • If unsure whether your reason is valid, consult with a small claims adviser in your county for guidance.

Court Day

• Stress and Communication:
  • Lawsuits can be stressful; it's important to be reasonable in demands and keep communication open.
  • Always leave room for compromise and settlement, even on the day of the hearing.
• Judicial Uncertainty:
  • Understand that judges may not fully grasp the complexities of your case, leading to potentially unexpected judgments.
• Mediation:
  • Consider using court-provided mediation services, which allow parties to negotiate an agreement with the help of a mediator.
  • Mediation has no negative legal consequences if an agreement isn’t reached.
  • If an agreement is reached, the mediator will draft it.
• Settlement Agreement:
  • It's advisable to document any settlement agreement in writing, signed, and dated by both parties.
  • The agreement should detail payment terms, amounts, due dates, and consequences of late payments.
• Dismissal of Case:
  • If the dispute is resolved before the hearing, the plaintiff should file a Request for Dismissal (Form CIV-110) after receiving full payment.
  • If payment is by check, wait for it to clear before filing the dismissal.
• Settlement on Hearing Day:
  • If a settlement occurs on the hearing day, inform the judge, who may:
    • Allow time to file a dismissal.
    • Dismiss the case without prejudice (can be refiled).
    • Postpone the hearing for payment.
    • Include terms in a court judgment.
  • After payment is made, file a Request for Dismissal with prejudice to prevent re-filing.
• Implications of Dismissal:
  • Dismissal without prejudice means no judgment appears on the defendant's credit report.
  • If the defendant violates the settlement (e.g., misses payments), the plaintiff can refile the case using the settlement agreement as proof of the amount owed.

Preparing for the Hearing

Preparation Steps for Small Claims Court Hearing

1. Gather Evidence:
   • Collect relevant documents such as contracts, receipts, letters, photographs, and any other supporting materials.
2. Privacy Protection:
   • Only show the last four digits of Social Security Numbers on financial documents.
3. Document Handling:
   • Bring originals and copies, but do not submit originals for the judge to keep.
   • Ask for originals back if shown to the judge.
4. Property Damage Claims:
   • Provide two or three written repair estimates to support your claim.
   • Consider using diagrams or maps for clarity.
5. Document Copies:
   • Make two copies of each document: one for the judge and one for the other party.
6. Judicial Process:
   • Be prepared for active questioning from the judge, who can consider a wider range of evidence than in other courts.

Key Takeaway

• eing organized and ready with your evidence can significantly enhance your case presentation in small claims court.

Post-Hearing

1. Decision:
   • The judge decides based on evidence, law, and common sense, possibly ruling for either party or dividing the award.
2. Timing of Judgment:
   • The judge may announce the decision immediately and provide a judgment notice (Form SC-130) or take the case under submission for later decision.
3. Evidence Submission:
   • If key evidence is missing, the judge may allow you to submit it after the hearing.
4. Notification:
   • If you don’t receive the judgment notice within two or three weeks, contact the court clerk for an update.
5. Public Record:
   • Judgments are public records and can impact the losing party's credit report, even if paid. Some judges may issue conditional judgments.
6. Understanding Outcomes:
   • A ruling against you does not mean disbelief; it may relate to the law's application. You can request an explanation of the ruling.
7. Feedback:
   • Provide feedback about your court experience to help improve court performance.

Appeal

• New Hearing:
  • The appealing party is entitled to a new hearing before a different superior court judge. All claims from the original hearing are considered anew, as if presented for the first time.
• Presentation of Cases:
  • Both parties must prepare to present their cases with supporting witnesses and documents, regardless of the outcomes of the initial hearing.
• Informal Hearing:
  • The appeal hearing is conducted informally, similar to small claims court, but parties may be represented by attorneys who can present evidence and examine witnesses.
• Judgment and Costs:
  • At the end of the hearing, the judge issues a new judgment and a new Notice of Entry of Judgment (Form SC-130). If costs are awarded, they may include expenses incurred in both the small claims court and the appeal.
• Reimbursement for Expenses:
  • The judge may award reimbursement for attorney’s fees (up to $150) and actual expenses (up to $150) related to the appeal to the prevailing party, if justified.
• Defendant's Liability for Expenses:
  • A losing defendant may be held responsible for costs only if deemed necessary for substantial justice.
• Sanctions Against Frivolous Appeals:
  • If the appeal is found to lack merit or is deemed harassing, the appealing party may be ordered to pay up to $1,000 for the other party’s attorney fees and expenses.
• Considerations Before Appealing:
  • If you lose in small claims court, consider the merits of your defense before appealing; do not appeal solely to delay payment.

Collecting the Judgment

1. Self-Collection:
   • If you win in small claims court, you must collect the judgment yourself. The court does not assist in this process.
2. Communication with the Debtor:
   • Ensure the judgment debtor is aware of the judgment amount and knows where to send payment. A personal note requesting payment may resolve the issue.
3. Payment Arrangements:
   • If the debtor seems unable to pay the full amount, consider negotiating for installment payments or waiving part of the debt in exchange for full payment.
4. Judgment Finalization:
   • The judgment becomes final and enforceable 30 days after the Notice of Entry of Judgment (Form SC-130) is mailed, unless the defendant files an appeal or a motion to vacate the judgment.
5. Stays on Enforcement:
   • If an appeal is filed, enforcement of the judgment is automatically stayed for 30 days, giving the defendant time to act. If a motion to vacate is filed and denied, there’s an additional 10-day stay.
6. Immediate Collection After Trial De Novo:
   • If the plaintiff wins at a trial de novo (new trial), they can begin collection efforts immediately.
7. Debtor Responsibilities:
   • If you are the judgment debtor and do not intend to appeal, pay the judgment promptly to avoid accruing interest. If unable to pay in full, offer a payment plan.
8. Installment Payments:
   • If the judgment creditor refuses installment payments, you can request a court order to allow payments based on your financial ability.
9. Acknowledgment of Satisfaction:
   • After fully paying the judgment, the creditor must file an Acknowledgment of Satisfaction of Judgment (Form SC-290) with the court.
10. Judgment Debtor's Statement of Assets:
    • If you do not pay the judgment within 30 days, you must complete a Judgment Debtor’s Statement of Assets (Form SC-133) and send it to the creditor, disclosing your financial information. Failure to do so may result in the creditor bringing you to court for compliance.

Let Squabble Help You With Your Claim at Contra Costa 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 Contra Costa 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. Wakefield Taylor Courthouse

725 Court Street
Martinez, CA 94553
Main Phone Number: 925-608-1000
Civil: 925-608-1000
https://www.cc-courts.org/locations/taylor.aspx

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

2. Richard E. Arnason Justice Center

Pittsburg Superior Court
1000 Center Drive
Pittsburg, CA 94565
(925) 608-1000
https://www.cc-courts.org/locations/pitt.aspx

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.
• Filing Clerk windows open to the public at 8:00 AM and close at 4:00 PM.

3. George D. Carroll Courthouse

Richmond Superior Court
100 – 37th Street
Richmond, CA 94805
(925) 608-1000
https://www.cc-courts.org/locations/rich.aspx

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.
• Filing Clerk windows open to the public at 8:00 AM and close at 4:00 PM.