Small Claims Court in Kern County

In Kern County, CA small claims cases are filed in the Small Claim Court. Kern County has six 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 Kern Court System.

Small Claims Court

Kern County Small claims court allows you to sue someone or a business that owes you money, typically for amounts up to $12,500 (or $6,250 for businesses). It’s designed to be quicker and more affordable than other legal processes. While you can ask a lawyer for advice, you can’t have one represent you in court.

Special Rules for COVID-19 Rental Debt Cases

Starting November 1, 2021, you can sue or be sued for COVID-19-related rental debt in small claims court. If you're suing for COVID-19 rental debt, you can seek more than the usual $12,500 limit.

Costs & Process

• Filing Fees: Expect a filing fee between $30-$100, though you can request a fee waiver if you can’t afford it.
• Court Date: After filing, your trial usually happens within 1-2 months.
• No Lawyer: You can't have a lawyer represent you in court, and if you win, you’re responsible for collecting any money owed to you.
• Appeals: If you lose the case as the plaintiff, you cannot appeal the decision. However, if you’re sued, you can appeal if you lose.

If Small Claims Limits Don’t Work for You

If the limits in small claims court don’t suit your case, you may need to consider civil court, but keep in mind that it’s more complex, expensive, and may require hiring a lawyer.

Before you start a small claims case

Before filing a small claims case, it’s important to make sure your case is eligible for small claims court. There are specific rules about what types of cases can be heard there. If you file a case that doesn’t meet the requirements, you could end up wasting a lot of time and energy. Make sure your case is a good fit before you move forward.

How Much Money to Ask For

In small claims court, you can generally ask for:

• Up to $12,500 if you're an individual
• Up to $6,250 if you're suing for a business
• You can also sue twice per year for amounts over $2,500.

Figuring out how much to ask for can be tricky. In some cases, like security deposits or bounced checks, you may be able to claim penalties on top of the owed amount.

• Unpaid Loan
• Security Deposit
• Take Down the Fence or Pay
• Returning the BBQ Grill
• Who Can Trim the Tree?
• Lending Money to Buy a Car
• Car Accident
• Rent Deposit

Where

You’ll need to know the address of the person or business you want to sue so you can fill out court forms and ensure they receive them. If you're suing a business, you may need to find their designated person to receive court papers (known as the "Agent for Service of Process").

Suing Someone Who Lives Outside California

If the person you want to sue lives outside California, you might not be able to sue them unless they return to California. There are some exceptions, like if you're suing over a car accident or property rental involving someone from out of state. It’s a good idea to talk to a small claims advisor if the person you want to sue lives out of state. Even if you can sue them, collecting the money may be more difficult.

You Have Proof

You don’t need all your proof before starting a small claims case, but you must know what you need and be able to get it in time for your court hearing. Examples of proof include:

• Repair receipts
• Photos of damage
• Emails
• Business records
• Proof of Repair Costs
• Pictures of a Clean Apartment

Important Tip: Give yourself enough time to gather your proof. It can take months to get certain documents, like business or medical records, especially if you need a court order (subpoena). Make sure to leave enough time before your court date to get everything you need.

You Don’t Have an Agreement That Says You Can’t Sue Sometimes, written agreements (if there is one) may include a clause that prevents you from suing or requires you to try other methods first, such as:

• Mediation (working things out with a neutral third party)
• Arbitration (hiring a private judge)

These steps may need to happen before or instead of going to court.

You Haven’t Passed the Deadline to Sue

There are deadlines, known as Statutes of Limitation, for filing lawsuits. These deadlines vary depending on the type of case.

Statutes of Limitations

• Personal injury (e.g., accidents, assault, wrongful death, emotional distress): 2 years from the date of injury
• Damage to property (e.g., theft, vehicle crash, trespass, fraud): 3 years from the date the property was damaged
• Libel or slander (defamation in writing or verbally): 1 year from the date of injury
• Oral contracts (verbal agreements): 2 years from the date the contract was broken
• Written contracts: 4 years from the date the contract was broken
• Known property defects (e.g., construction issues): 4 years from the date construction was mostly finished
• Unknown property defects (latent defects): 10 years from the date construction was mostly finished
• Personal property at hotels, hospitals, etc.: 90 days after departing the premises
• Medical malpractice (against healthcare providers): **1 year from the date you knew or should have known about the injury, or 3 years from the injury, whichever is earlier
• Against a bank (for unauthorized or forged checks): 1 year from the date the bank paid out the funds

Write Out Your Agreement

Whether you reach an agreement before or after filing, it's important to write it down. This ensures both parties know what was agreed to and provides documentation if the other side doesn’t follow through. You can use the written agreement to file a new small claims case if needed. Your agreement should include:

• Names and addresses of everyone involved
• A description of what the agreement is about and what each party will do (e.g., pay $100 per month for 10 months starting June 1st)
• A deadline for completing the agreed actions
• What will happen if the agreement is followed (e.g., case dismissal)
• What happens if the agreement is not followed (e.g., you can file a new case, or the full amount is due immediately if a payment is missed)
• The date of the agreement
• Signatures of everyone involved

If You’ve Already Filed Your Small Claims Case

• If payment is coming soon, consider keeping the case open until you’re paid. If they don’t pay, you can go to court.
• If payments are over time, you might not be able to keep your case open for that long.
• If they’ve paid, you can dismiss your case.
• If there’s an open small claims case and payment has been made, both parties should dismiss the case and counterclaim (if applicable) at the same time.

Dismiss Your Case

• You were paid the amount owed.
• You can't find the person you want to sue, but want the option to sue later.
• You don’t want to sue all the people originally named in the case (e.g., you sued three people but now only want to sue two).
• You’ve changed your mind and no longer want to sue.
• You reached an agreement with the other side.

If You and the Other Side Agree

• If you have an agreement, write it up, but don’t dismiss your case until the other side has fulfilled their part of the agreement.

If You Haven’t Already, Write Up Your Agreement

• It’s usually best to wait until the other side pays or does what they agreed to before dismissing the case. If the other side agrees to take action after the court date, consider contacting the court to move the date. That way, if they don’t follow through, you can still attend the court date.

Prepare for your trial

Get Any Witness or Evidence You Need

Once you know what proof you need for your court date, you may need the court to issue a subpoena to:

• Order someone to send information to the court for the other side and judge to review.
• Require someone to come to court and testify about your case.

You only need a subpoena if you can’t get the information or person to come to court voluntarily.

Examples of What You Might Subpoena

You may need to subpoena the following for your court hearing:

• Security camera footage from a parking garage where your car was damaged.
• Medical records from the other side.
• The apartment manager testified about how clean your apartment was when you moved out.

Subpoenas Can Cost Money

• You may need to pay witnesses a fee to come to court or provide copies of documents.
• Witnesses can ask for $35 a day plus 20 cents per mile for travel. Be prepared to pay the fees when serving the subpoena.
• If you don’t pay them before the court date, they don’t have to appear.
• Bring the witness fees with you to court in case the witness asks for them there. The subpoena informs them they can request these fees.

Ask for Court Services (If Needed)

How to Ask for an Interpreter

• If you don’t speak or understand English well, you can request a free interpreter for your court date. In many courts, you’ll need to fill out and submit a Request for Interpreter (Civil) form (INT-300), but other courts may use a different form. Contact your court to find out the specific process.

How to Ask for an Accommodation for a Disability

• To request an accommodation for a disability, fill out a Disability Accommodation Request form (MC-410) and submit it to your court’s ADA coordinator at least 5 days before your court date.

Observe a Small Claims Case

• If possible, attend a court hearing to see how the judge interacts, asks questions, and how the sides present their stories. This will give you an idea of how much time you’ll have to speak.

Organize and Copy Documents

• Make copies of all paperwork: one for yourself, one for the judge, and one for the other party. Keep everything organized so you can quickly find any document the judge may ask for.

Prepare for a Remote Hearing

• If your hearing is remote, contact the small claims clerk to learn how to submit your documents and send copies to the other side ahead of time.

Plan What You’ll Say

• Review all forms filed, anticipate the other side’s arguments, and practice your responses. Create a list of what you’re asking for and why to stay focused during the hearing.

Arrange Childcare and Time Off

• Plan for childcare if needed and ensure you have time off work, as hearings can last several hours.

Plan Logistics

• Check parking, traffic, and the courtroom location before your hearing to avoid delays.

After Your Trial

Once your small claims trial is over, the judge will either give a decision right there in court or have the court clerk mail it to you.

Read the Judge’s Decision

The judge’s decision, called the judgment, will be on the Notice of Entry of Judgment (forms SC-130 or SC-200). This judgment will clearly state if the defendant or plaintiff owes money, and how much.

Decide on Your Next Steps

• If the judge decides you’re not owed any money, your case is finished, and you can’t appeal that decision.
• If the judge orders you to pay and you don’t agree with the decision, you can appeal (challenge it). If you don’t want to appeal, you should pay the other side right away.
• If the judge decides the other side owes you money, you’ll need to wait 30 days from the date the judgment was issued or mailed before you can start collecting the money.

After the Judgment

Once you receive the Notice of Entry of Judgment (forms SC-130 or SC-200), you have a few options:

• Request a New Trial (Appeal) or Cancel the Judge’s Decision (Vacate)
• Pay the Other Side
• Provide Information About Your Earnings or Assets to the Other Side

If you don’t appeal, cancel the decision, or pay within 30 days, the other party can begin collecting the money from you.

If You Want a New Trial

If the judge ruled that you owe money and you disagree, you can appeal for a new trial. In a small claims appeal, the case will be heard by a different judge, and both you and the other party can have a lawyer present at the court date.

How to Appeal a Small Claims Judgment

1. Fill Out the Notice of Appeal
   • Complete the Notice of Appeal (Small Claims) (form SC-140). This form notifies the court that you’re appealing the judgment.
2. Make Copies
   • Make two copies of the Notice of Appeal for your records.
3. File the Notice and Pay the Filing Fee
   • To file your appeal, take the original Notice and the two copies to the court clerk.

• Pay a $75 filing fee.
• If you can't afford the fee, you can ask for a fee waiver.

The clerk will assign a court date for your appeal and will mail a copy of the form, including the court date, to the other party.

What Happens Next?

Once you’ve filed your appeal and received your court date, it’s time to prepare for the hearing.

How to Ask to Cancel (Vacate) the Judge’s Decision

If you missed your small claims court date, you can ask the court to cancel the judge’s decision and schedule a new court date. Here’s what you need to know:

Before You Start

Either the plaintiff or the defendant can ask for a new court date if they missed the original one. To request a new date, you must have a good reason for missing court, such as a serious emergency or not receiving the court forms.

You must ask for a new court date within 30 days of when the judge’s decision was mailed to you. Steps to Cancel the Judge’s Decision

1. Fill Out the Notice
   • Complete the Notice of Motion to Vacate Judgment and Declaration (form SC-135). This form notifies the court and the other party that you’re requesting the judge to cancel the decision made in the hearing you missed.
2. Make Copies
   • Make two copies of the form for your records.
3. File the Notice and Pay the Filing Fee
   • Take the original and two copies to the cour clerk and pay a $20 filing fee. If you can’t afford the fee, you can ask for a fee waiver.

The clerk will assign you a new court date and will send a copy of the form with the new date to the other side.

4. Go to Your New Court Date
   • At your new court date, the judge will decide whether to cancel the previous judgment. You’ll need to explain to the judge why you missed the original court date.

If the judge agrees to cancel the decision, you may have a new trial either that same day or at a later date.

Collecting Your Money

• If the judge ordered the other side to pay you, they have 30 days to challenge the decision. If they don’t challenge it, they’re supposed to pay you right away.
• If they don’t pay you right away, they are required to send you information about what they own, where they work, and where they bank. You can use this information to try to collect the money, but keep in mind that the court doesn’t collect the money for you.

Collecting Your Money

• Wait 30 Days
  • You must wait at least 30 days after receiving the Notice of Entry of Judgment before collecting your money, allowing the other side time to appeal or request to cancel the decision.
• If the Other Side Pays
  • If they pay, file an Acknowledgment of Satisfaction of Judgment (form SC-290) with the court.
• If the Other Side Doesn’t Pay
  • If they don’t pay, you’ll need to take action to collect the money, as the court doesn’t collect it for you. It’s often best to try to work out a deal for quicker payment.
• Get Information to Collect
  • If they don’t pay or appeal within 30 days, they must send you a Judgment Debtor’s Statement of Assets (form SC-133), which provides details about their assets, workplace, and bank accounts to help you collect.

The Other Side Might Ask for a Payment Plan

• Although it's not required by law, if the other side can’t pay you all at once, you might consider accepting a payment plan. If you agree to one, make sure to put the agreement in writing and both sign it.
• If you don’t agree to a payment plan, the other side may ask a judge to order one.
• If they do, you’ll receive a request in the mail and have 10 days to respond. You can file a Response to Request to Make Payments (form SC-221) to let the court know whether you agree or not. After that, a judge will make the final decision.

Let Squabble Help You With Your Claim at Kern 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 Kern 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:

Metro Justice Building

1215 Truxtun Ave
Bakersfield, CA 93301
(661) 610-6000
https://live-jcc-kern.pantheonsite.io/location/metropolitan-division-justice-building

BUILDING HOURS

• Monday - Thursday: 8:00 am-4:00 pm
• Friday: 8:00 am-12:00 pm, except court holidays.

Delano

1122 Jefferson St
Delano, CA 93215
(661) 610-7300
https://live-jcc-kern.pantheonsite.io/location/delano

BUILDING HOURS

• Monday - Thursday: 8:00 am-4:00 pm
• Friday: 8:00 am-12:00 pm, except court holidays.

Lamont

12022 Main St.
Lamont, CA 93241
(661) 610-7100
https://live-jcc-kern.pantheonsite.io/location/lamont

BUILDING HOURS

• Monday - Thursday: 8:00 am-4:00 pm
• Friday: 8:00 am-12:00 pm, except court holidays.

Mojave

1773 State Highway 58 Business
Mojave, CA 93501
(661) 610-7400
https://live-jcc-kern.pantheonsite.io/location/mojave

BUILDING HOURS

• Monday - Thursday: 8:00 am-4:00 pm
• Friday: 8:00 am-12:00 pm, except court holidays.

Ridgecrest

132 E Coso Ave
Ridgecrest, CA 93555
(661) 610-7450
https://live-jcc-kern.pantheonsite.io/location/ridgecrest

BUILDING HOURS

• Monday - Thursday: 8:00 am-4:00 pm
• Friday: 8:00 am-12:00 pm, except court holidays.

Shafter

325 Central Valley Hwy
Shafter, CA 93263
(661) 610-7200
https://live-jcc-kern.pantheonsite.io/location/shafter

BUILDING HOURS -Monday - Thursday: 8:00 am-4:00 pm -Friday: 8:00 am-12:00 pm, except court holidays.

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