Small Claims Court in San Joaquin County

In San Joaquin County, CA small claims cases are filed in the Small Claim Court. San Joaquin 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 San Joaquin Court System.

Small Claims Court

San Joaquin County Small Claims Court offers a straightforward way to take legal action if someone or a business owes you money, typically for amounts up to $12,500 (or $6,250 for businesses). It's meant to be faster than traditional legal processes. While you can get advice from a lawyer, they can't represent you in court.

Special Rules for COVID-19 Rental Debt Cases Starting November 1, 2021, you can bring or face a lawsuit for COVID-19-related rental debt in small claims court. If you're suing for rental debt due to COVID-19, you may be able to claim more than the usual $12,500 limit.

Costs & Process

• Filing Fees: Expect to pay between $30 and $100 for filing, but you can request a fee waiver if you're unable to afford it.
• Court Date: After filing, your trial usually takes place within 1-2 months.
• No Lawyer: Lawyers can't represent you in court. If you win, you're responsible for collecting the money owed to you.
• Appeals: If you lose as the plaintiff, you can't appeal the decision. However, if you lose as the defendant, you have the right to appeal.

If Small Claims Limits Don’t Work for You If the limits in small claims court don't meet your needs, you may need to look into civil court. Just keep in mind that it's a more complicated, expensive process, and it often requires hiring a lawyer.

Before You File a Small Claims Case

Before you start a small claims case, it's crucial to ensure that your situation qualifies for small claims court. There are specific rules about what kinds of cases can be heard, and filing a case that doesn't meet these requirements could waste your time and energy. Be sure your case fits the criteria before moving 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 a business.

Additionally, you can file two cases per year for amounts over $2,500.

Figuring out the right amount to ask for can be tricky. In some cases, such as for security deposits or bounced checks, you might be able to claim additional penalties on top of the amount owed. Examples of cases include:

• Unpaid loans
• Security deposits
• Requests for repairs (e.g., taking down a fence or returning a BBQ grill)
• Car accidents
• Rent deposits

Where They Are

To file your claim, you'll need to know the address of the person or business you want to sue. If you're suing a business, you may also need to find their designated person to receive court documents (known as the "Agent for Service of Process").

Suing Someone Outside of California

If the person you want to sue lives outside California, you might not be able to sue them unless they come back to California. There are some exceptions, such as when the case involves a car accident or property rental. It’s a good idea to consult with a small claims advisor if the person is out of state, as even if you can sue them, collecting the money can be more difficult.

You Have Proof While you don’t need all your evidence right when you start the case, you should know what you’ll need and ensure you can gather it before the 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 plenty of time to gather evidence. Some documents, like business or medical records, can take months to obtain, especially if you need a court order (subpoena). Make sure you leave enough time before your court date to get everything you need.

You Don’t Have an Agreement That Prevents You From Suing Sometimes, written agreements might include clauses that stop you from suing or require you to try other methods, such as:

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

These steps may need to happen before you can go to court.

You Haven’t Missed the Deadline There are deadlines, known as Statutes of Limitations, for filing lawsuits. These deadlines vary depending on the type of case, so be sure to check and make sure you're within the timeframe to file.

Statutes of Limitations

Different types of legal cases have different time limits for filing a lawsuit, known as Statutes of Limitations. Here are the time limits for some common types of cases:

• 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 the construction was mostly finished.
• Unknown Property Defects (latent defects): 10 years from the date the 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 comes first.
• Against a Bank (for unauthorized or forged checks): 1 year from the date the bank paid out the funds.

These time limits vary depending on the type of case, so it's important to take action quickly if you think you have a claim.

Write Out Your Agreement

Whether you reach an agreement before or after filing, it’s essential to put it in writing. This helps both parties clearly understand what has been agreed upon and provides a record if the other side fails to follow through. If necessary, you can use this written agreement to file a new small claims case. Your agreement should include:

• Names and addresses of everyone involved.
• A description of the agreement: Clearly explain what the agreement is about and outline 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 will happen 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 leaving the case open until you’ve been paid. If payment isn’t made, you can proceed with court.
• If payments are spread out over time, it might not be possible to keep your case open for an extended period.
• Once payments have been completed, 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

There are several reasons you may choose to dismiss your small claims case:

• You’ve been paid the amount owed.
• You can't find the person you want to sue but still want the option to sue later.
• You no longer 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 wish to pursue the case.
• You’ve reached an agreement with the other party.

If You and the Other Side Agree

If you've reached an agreement, be sure to write it down. However, don’t dismiss your case until the other side has fulfilled their part of the agreement. If you’re waiting for them to take action, it’s usually a good idea to wait until they’ve done what they promised.

If You Haven’t Already, Write Up Your Agreement

It’s typically best to wait until the other side has paid or completed their part of the agreement before dismissing your case. If they agree to take action after the court date, consider contacting the court to reschedule the date. This way, if they fail to follow through, you can still attend the court date.

Prepare for Your Trial

Preparing for your small claims trial is essential to ensure everything goes smoothly. Here are some steps to help you get ready:

Get Any Witnesses or Evidence You Need

Once you know what proof you’ll need for your court date, you might need to ask 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:

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

Subpoenas Can Cost Money

If you subpoena someone, you may need to pay them a fee to come to court or provide documents. Witnesses can ask for $35 a day plus 20 cents per mile for travel. Be prepared to pay these fees when serving the subpoena.

If you don’t pay the fees before the court date, the witness doesn’t have to appear. Bring the witness fees with you to court in case the witness asks for them there. The subpoena informs them of the fees they can request.

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. Many courts require you to fill out and submit a Request for Interpreter (Civil) form (INT-300). Check with your court to find out the specific form and 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 the court’s ADA coordinator at least 5 days before your court date.

Observe a Small Claims Case

• If possible, attend a small claims hearing to see how the judge interacts, asks questions, and how the sides present their arguments. This can give you an idea of how much time you'll have to speak and what to expect.

Organize and Copy Documents

• Make copies of all your 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 find out how to submit your documents and send copies to the other party ahead of time.

Plan What You’ll Say

• Review all the forms you've 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

• Make sure you arrange for childcare if needed and plan to take time off from work, as hearings can last several hours.

Plan Logistics

• Check parking, traffic, and the courtroom location ahead of time to avoid delays on the day of your hearing.

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. Here's what to do next:

Read the Judge’s Decision

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

Decide on Your Next Steps

• If the judge decides you're not owed any money, your case is finished, and you cannot appeal that decision.
• If the judge orders you to pay and you disagree with the decision, you have the option to appeal (challenge the decision). However, 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 will need to wait 30 days from the date the judgment was issued or mailed before you can begin collecting the money owed to you.

After the Judgment

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

Request a New Trial (Appeal) or Cancel the Judge’s Decision (Vacate)

• Pay the Other Side the amount owed if the judgment is in their favor.
• Provide Information About Your Earnings or Assets to the other side if they are trying to collect the money owed.

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, your 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 request a fee waiver.
4. The Clerk Assigns a Court Date
   • After filing, the clerk will assign a court date for your appeal and mail a copy of the form, including the court date, to the other party.

What Happens Next?

After filing your appeal and receiving your court date, it's time to prepare for the hearing. Make sure you gather any new evidence and be ready to present your case again before the new judge.

Cancel (Vacate) the Judge’s Decision

If you missed your small claims court date, you can request that the court 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 valid reason for missing court, such as a serious emergency or not receiving the court forms.
• You must request 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 informs 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 form and two copies to the court clerk and pay a $20 filing fee.
   • If you can’t afford the fee, you can request a fee waiver.
4. The Clerk Assigns a New Court Date
   • The court clerk will assign a new court date and send a copy of the form with the new date to the other party.

Go to Your New Court Date

• At the 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 on the 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 the decision, they are supposed to pay you right away.
• If they don’t pay you immediately, they are required to provide you with information about their assets, employment, and banking details.
• You can use this information to try to collect the money, but keep in mind that the court does not collect the money for you.

Collecting Your Money

Once you’ve received the Notice of Entry of Judgment, here’s what you need to do next:

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

The Other Side Might Ask for a Payment Plan

• While 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 it in writing and have both parties 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 by 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 or not you agree. After that, a judge will make the final decision.

Let Squabble Help You With Your Claim at San Joaquin 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 San Joaquin 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:

Superior Court of California - San Joaquin

217 W Elm Street
Lodi, CA 95240
(209) 992-5522
https://www.sjcourts.org/divisions/small-claims/

Mailing Address
315 W Elm Street
Lodi, CA 95240

BUILDING HOURS

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

Stockton Courthouse

180 E Weber Ave
Stockton, , CA 95202
(209) 992-5701
https://www.sjcourts.org/general-info/court-locations-contact/stockton-courthouse

BUILDING HOURS

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

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