Small Claims Court in Fresno County

In Fresno County, CA small claims cases are filed in the Small Claim Court. Fresno County has one Courthouse that handles 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 Fresno Court System.

Small Claims Court

Fresno County small claims court is designed to help people resolve disputes quickly and affordably. The process is straightforward and informal, making it easier for individuals to handle on their own. While you can seek advice from a lawyer before going to court, lawyers are not allowed to represent you during the hearing. You don’t need to be a U.S. citizen to file or defend a case, but all parties involved must be at least 18 years old.

Small Claims Court is only for monetary claims related to actual damages. The maximum amount you can claim is $6,250 if you are a business or public entity, and $12,500 if you are an individual. Some common examples of cases include:

• A landlord refusing to return a security deposit.
• Someone is damaging your car and refusing to pay for repairs.
• Any other monetary dispute, as long as it falls within the limits of $6,250 for businesses or $12,500 for individuals.

Remember, Small Claims Court is strictly for financial claims related to actual damages.

Filing a Claim

You can file a Small Claims case at any Fresno County Superior Court location if any of the following apply:

• The dispute took place in Fresno County.
• The injury occurred in Fresno County.
• The person being sued lives in Fresno County.
• The business being sued operates in Fresno County.

A filing fee is required for each claim. However, if you believe you cannot afford the fee, you may request a fee waiver. To file your claim, follow these steps:

1. File the original claim and one copy with the Clerk's Office. The claim is a five-page document.
2. Make two copies of your claim for each defendant named in the case.
3. Keep one copy for yourself for your records.

Make sure to have all necessary copies prepared when you go to the Clerk’s Office.

How to File a Claim

1. Make a Demand:
   • Before filing, you should ask the defendant to pay the claim. If they refuse, you can proceed with your case.
2. Obtain Forms:
   • Find the necessary forms on the court's website under "Online Forms" by selecting the Judicial Council hyperlink.
   • If you don’t have computer access, visit the clerk’s office to fill out the forms, or request them by mail by sending a self-addressed, stamped envelope.
   • Note: Small Claims forms cannot be filed by fax.
3. For Businesses:
   • If you’re filing as a business or corporation using a fictitious name (doing business as, or DBA), complete Judicial Council form SC-103 (Fictitious Business Name form) and submit it with your claim. Failure to do so may result in the dismissal of your claim at the hearing.
4. Debt Claims: If your claim is to enforce a debt, you must include a detailed written calculation showing how you arrived at the amount owed. This should include:
   • The original debt amount
   • Each payment made
   • Any fees or charges added
   • All credits to the debt, including their sources and amounts

This information is legally required for your claim to be filed.

Small Claims Fees

1. Filing Claim Fees:
   • $30: Filing claim for $1,500 or less (CCP 116.230(b)(1))
   • $50: Filing claim for more than $1,500 but less than or equal to $5,000 (CCP 116.230(b)(2))
   • $75: Filing claim for more than $5,000 but less than or equal to $12,500 (claim by natural persons only, with certain exceptions) (CCP 116.230(b)(3), CCP 116.221)
   • $100: Filing claim by a person who has filed more than 12 small claims in California within the previous 12 months (CCP 116.230(c))
2. Amendment Fees:
   • $20: Amendment raising amount of claim from $1,500 or less to more than $1,500 but not exceeding $5,000 (CCP 116.230(d)(1))
   • $25: Amendment raising amount of claim from more than $1,500 but not exceeding $5,000 to more than $5,000 but not exceeding $12,500 (claim by natural persons only, with certain exceptions) (CCP 116.230(d)(2), CCP 116.221)
   • $45: Amendment raising amount of claim from $1,500 or less to more than $5,000 but not exceeding $12,500 (claim by natural persons only, with certain exceptions) (CCP 116.230(d)(3), CCP 116.221)
3. Service of Claim:
   • $15: Service of copy of a claim under CCP § 116.340, for each defendant to whom the clerk mails a copy of the claim (CCP 116.232)
4. Other Fees:
   • No fee: Transfer of case out of small claims court (defendant’s claim exceeding jurisdictional limit) (CCP 116.390)
   • $10: Request for postponement of hearing, if defendant has been served (CCP 116.570)
   • $75: Notice of appeal of small claims case (CCP 116.760)
   • $20: Motion to vacate (CCP 116.745)
   • $20: Fee for payment of judgment to court (CCP 116.860)
5. Enforcement Fees:
   • $60: Application for order of examination of judgment debtor (GC 70617(a)(6), CCP 116.820)
   • $40: Writ of execution (GC 70626(a)(1), CCP 116.820)
   • $40: Abstract of judgment (GC 70626(a)(2), CCP 116.820)

Payment Methods

Court staff at the counter will accept payments for Small Claims matters via the following methods:

• Cash
• Personal Check
• Cashier's Check
• Certified Check
• Money Order
• Credit Card

Notify the Defendant

A copy of the Plaintiff's Claim and Order to Defendant must be served on the defendant, ensuring proper legal notice is given. This is called "service of process." The defendant can be served in one of three ways:

1. Service by a Law Enforcement Officer.
2. Personal or Substitute Service by anyone over 18 who is not involved in the case.
3. Certified Mail by the court clerk.

The person who serves the claim must complete a proof of service form, which details exactly when and where the defendant was served. This proof of service must be submitted to the court at least 5 days before the trial date.

Service the Defendant

You must serve each defendant you are suing using one of the following methods:

1. Personal service by Sheriff's Department representatives.
2. Private process servers.
3. Disinterested party, meaning someone over 18 who is not involved in the case.
4. Certified mail through the court.

If you prefer the court to serve the defendant(s) by certified mail, there will be a $15.00 charge for each defendant. Be sure to contact the court at least two weeks before the hearing date to confirm whether the service was successful.

If you're unable to serve the defendant(s), you'll need to reschedule the hearing and attempt service using one of the other methods listed above.

If you choose personal service, you must file a completed Proof of Service form with the court at least 5 days before the hearing.

Plaintiff's Claim and Order to Defendant

The defendant must appear at the scheduled time and place for the trial. If the defendant fails to appear, a default judgment may be entered against them.

• Defendant's Claim and Order to Plaintiff If the defendant believes that the plaintiff owes them money due to the dispute, they may file a Defendant's Claim and Order to Plaintiff in the same Small Claims court before the hearing date and time. If the defendant files a claim against the plaintiff, the same rules and procedures for service and filing will apply.

Trial

Bring evidence to support your claim or defense, such as:

• Receipts
• Letters
• Invoices
• Canceled checks
• Photographs

If you need documents or records from a witness, request a Subpoena Duces Tecum. This court order requires the witness to bring specific documents to the hearing.Each party can serve subpoenas on witnesses who can provide helpful testimony. A subpoena compels the witness to appear and testify in court.

• Interpreters for hearing-impaired persons are available.
  • Notify the court in advance if a sign-language interpreter is needed.
• The trial proceeds as follows:
  • The plaintiff presents their case first.
  • The defendant presents their case next.
  • Both parties can call witnesses and present exhibits.

Conduct in the Courtroom

• No food, drinks, or gum are allowed in the courtroom.
• Be prepared and arrive on time. You must be present when your case is called.
• Do not ask the court staff for legal advice, as they are not allowed to provide it.

Trial Preparation

The date you are given is the date set for your trial. Be sure to come to court fully prepared to present your case.

• Bring all exhibits you want the court to see, such as:
  • Written contracts
  • Repair estimates
  • Photos
  • Receipts

You will need to allow the opposing party to see and review your exhibits before your case is heard. If any exhibits require time to read, make copies and give them to the opposing party either before the trial or as soon as both parties have arrived in court.

• If you have witnesses whose testimony is crucial for your case, they must appear in court on the trial date. You are responsible for arranging their appearance.
• As the plaintiff, you are requesting judgment. Be ready to answer questions from the judge, such as: How did you arrive at the amount of your claim?
• The court may keep the exhibits you present. If you need copies of your documents, make sure to make them before coming to court.

Day of Trial

When your name appears on the calendar, take a seat in the courtroom and remain there until roll is called and the oath is administered.

• When roll is taken:
  • If you are representing someone else, inform the clerk and provide your name and its correct spelling.
  • Notify the clerk of any change in your address.
• If a temporary judge is assigned to your case:
  • You will be asked to stipulate (agree) that the temporary judge can decide your case. A temporary judge is an attorney with at least five years of experience who has completed small claims judicial officer training. Any judgment issued by a temporary judge is legally binding, just like one from a regular judge.
• After roll is called:
  • If you haven't already, give the opposing party copies of your exhibits or allow them to review them. They must have a chance to see the exhibits before the judge does. Failing to do this may delay your trial.
  • Keep your original exhibits with you until your case is called.
• Cases may not be called in the order listed on the calendar.
• Mediation is a great alternative to trial. A mediator from the Dispute Settlement Center will be available on the day of your hearing to help you resolve your case.
  • The mediator is impartial and specially trained to help both sides work together to find a resolution. The mediator doesn’t give legal advice or make decisions.
  • If a settlement isn't reached through mediation, your case will proceed to trial that same day, and a judge will make the final decision.

After Trial

• Once a judgment is rendered, you have 30 days to appeal the court's decision. If no appeal is filed within this time, the judgment will become final.
• Original exhibits can be picked up from the Small Claims Department at the B.F. Sisk Courthouse after the judgment becomes final.
• After a judgment is issued, you will receive a notice of the judgment by mail.
• If the temporary judge or judge took your case under advisement, you will be notified of the decision by mail. The court may take up to 90 days to issue a ruling in such cases.
  • Please do not call the court during this waiting period.

Failure to Appear at Trial

• Either the plaintiff or defendant can submit one written request to reschedule the hearing date. The request must be made at least 10 days prior to the scheduled court date.
• Failure to appear at trial or make arrangements to postpone could lead to:
  • Dismissal of the case if the plaintiff fails to appear.
  • Entry of a default judgment if the defendant fails to appear.
• There is a fee to reschedule the hearing date.

Appealing the Judgment

• Only the defendant can file an appeal. However, if the defendant files a Defendant's Claim, the plaintiff may file an appeal, but only regarding that claim.
• The appeal must be filed with the clerk's office within 30 days after the court mails the denial of the motion to vacate the judgment.
• There is a filing fee for submitting an appeal.

Collection of Judgment

A judgment is valid for 10 years. If payment is not received within the time specified by the judge, there are several options for collection. Forms for these actions are available at the clerk's office and must be filed with the court:

• Writ of Execution: This is an order for the sheriff to collect money from the defendant's paycheck or bank account. There is a fee for issuing the writ.
• Abstract of Judgment: This creates a lien on any real property the defendant may own. The abstract is filed with the county clerk in the county where the property is located. There is a fee for issuing the abstract.
• Judgment Debtor Hearing: This hearing allows the plaintiff to question the defendant about their employment, banking information, and property ownership. Once this information is obtained, a Writ of Execution can be requested from the clerk’s office and taken to the sheriff’s office for enforcement. There is a fee for this hearing.
• Suggested number of copies:
  • Writ(s): Original plus 4 copies
  • Order of Examination: Original plus 3 copies
  • Abstract: Original plus 1 copy
• Note: Ensure that all pages of forms are properly copied.

Payment of Judgment

• If full payment is received before the trial date, a Request for Dismissal must be filed.
• If full payment is received after the judgment has been entered, a Satisfaction of Judgment must be filed.
  • Both of these forms are available in the clerk's office.
• If the plaintiff fails to file these documents showing the satisfaction of payment, the defendant may be able to sue the plaintiff for failure to properly acknowledge the payment.

Settling the Case

If your claim is settled before the trial, you must complete a Request for Dismissal form and file it with the court.

Courthouse Locations:

Small Claims Fresno County

1130 O St, Fresno, CA 93721
(559) 457-2174
https://www.fresnosmallclaimsadvisor.org/

BUILDING HOURS

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

CITIES SERVED

• Fresno
• Clovis
• Reedley
• Sanger
• Selma
• Kerman
• Coalinga
• Parlier
• Kingsburg
• Mendota
• Orange Cove
• Firebaugh
• Fowler
• Huron
• Old Fig Garden
• Mayfair
• Squaw Valley
• Sunnyside
• Tarpey Village
• San Joaquin
• Auberry
• Calwa
• Riverdale
• Easton
• Caruthers
• London
• Del Rey
• Biola
• Delft Colony
• Laton
• West Park
• Millerton
• Tranquillity
• Malaga
• Minkler
• Cantua Creek
• Lanare
• Friant
• Bowles
• Raisin City
• Westside
• Shaver Lake
• Monmouth
• Three Rocks
• Dos Palos Y
• El Monte Mobile Village
• Fort Washington
• Monson
• Centerville
• Big Creek

Let Squabble Help You With Your Claim at Fresno 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 Fresno 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.