Small Claims Court in San Mateo County

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

Small Claims Court

San Mateo County Small Claims Court provides an easy way to pursue legal action if someone or a business 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 traditional legal processes. While you can seek advice from a lawyer, they are not allowed to represent you in court.

Types of Cases

In small claims court, you can file a variety of cases. Here are some common examples:

• Your former landlord refuses to return your security deposit.
• Your tenant damaged your apartment, and the repair costs exceed the deposit.
• A mechanic failed to fix your car, won’t return your money, or caused additional damage.
• You lent money to a friend, and they refuse to pay you back.
• You paid a contractor to work on your home, but they didn’t complete the job or did a poor job.
• Someone wrote you a bad check or stopped payment on a check.
• A government agency did something that harmed you or your property.

Statute of Limitations

The deadline to file a lawsuit is known as the statute of limitations, which refers to the amount of time you have to file a case. The time allowed depends on the type of case and who you are suing. Determining when the right to sue starts can sometimes be complicated, and it’s important to check the statute of limitations carefully for your specific case. If you're suing a government agency, be sure to check their specific deadline first, as it may differ from other types of cases. Here are the statutes of limitations for some common types of legal disputes:

• Personal injury: You have 2 years after the injury to file a case.
• Property damage: You have 3 years from when your property was damaged.
• Breaking a written contract or agreement: You have 4 years from the day the agreement was broken.
• Breaking a verbal contract or agreement: You have 2 years from the day the agreement was broken.
• Fraud (e.g., being tricked or lied to): You have 3 years from the day you discover, or should have discovered, the fraud.
• Suing a government or public agency: You must file a claim with the agency, usually within 6 months. The agency has 45 days to respond. If they don’t respond, the claim is considered denied. If the agency rejects your claim in writing, you have 6 months to file a civil action in court.

It can be tricky to figure out if it’s too late to file, and even determining whether a contract is written or oral can be difficult. If you're being sued and the plaintiff waited too long to bring their case, you can use the statute of limitations as a defense in court, and you may win automatically.

Cost

The filing fee for a small claims case depends on the amount of your claim and the number of claims you've filed in the past 12 months. Here’s a breakdown of the current filing fees if you’ve filed 12 or fewer claims in the last year:

• $0 to $1,500: $30
• $1,500.01 to $5,000: $50
• $5,000.01 to $12,500: $75

If you have filed more than 12 claims in the past 12 months, the filing fee increases to $100, regardless of the claim amount.

Filing fees can change, so it's important to check the current fees before you file your case.

If you cannot afford the filing fee, you can request a fee waiver from the court.

Mediation

Mediation is a way to resolve your case without involving a judge. It gives both parties a chance to meet, discuss the issue, and work together with the help of a neutral mediator who can guide the conversation toward a solution. You can try mediation before filing your case, while you're waiting for your court date, or even on the day of your court hearing.

Why is mediation a good option?

• It’s voluntary: Both parties choose to participate.
• It’s private and confidential: What you discuss in mediation stays between you and the other party.
• It can be free or very low cost: Some mediation services offer affordable options.
• It’s flexible: You can create an agreement that fits your specific situation better than a judge might.
• It’s less stressful than court: The process is more relaxed and less formal.
• You have more time: You can discuss your case at a pace that works for both sides.
• It can be faster: You might resolve your case before your court date, depending on availability.
• You don’t give up your right to go to court: If mediation doesn’t work, you can still take your case to court.
• You’re more likely to get paid: Since both sides agree to the terms, the chances of following through are higher.
• It’s non-adversarial: Mediation can help maintain relationships, whether with a neighbor, friend, or business associate.

Prepare for Your Trial

Preparing for your small claims trial is crucial to ensuring the process goes smoothly. Here are some steps to help you get ready:

1. Get Any Witnesses or Evidence You Need
   • Subpoenas: If you need specific information or want someone to testify and they are not willing to cooperate voluntarily, you can ask the court to issue a subpoena. A subpoena can either order someone to:
     • Send information to the court for the other side and judge to review.
     • Appear in court to testify.
   • You will only need a subpoena if you cannot get the information or person to come to court on your own.

Examples of What You Might Subpoena:

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

2. Subpoenas Can Cost Money
   • If you issue a subpoena, you may need to pay the person you're subpoenaing a fee for coming to court or providing documents.
   • Witnesses can request $35 a day plus 20 cents per mile for travel expenses.
   • You should be prepared to pay the fees before the court date; otherwise, the witness may not be required to appear. Always bring the fees with you to court, as the subpoena informs them of the fees they are entitled to request.
3. Ask for Court Services (If Needed)
   • Requesting 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 for the specific form and process.
   • Requesting Accommodations for a Disability:
     • If you need a disability accommodation, 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.
4. Observe a Small Claims Case
   • If possible, attend a small claims hearing in advance. This will allow you to observe how the judge interacts with the parties, asks questions, and how the cases are presented. This can help you understand how much time you’ll have to speak and what to expect in your own hearing.
5. 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.
6. Prepare for a Remote Hearing
   • If your hearing is remote, contact the small claims clerk to find out how to submit your documents electronically and send copies to the other party ahead of time.
7. Plan What You’ll Say
   • Review all the forms you’ve filed and anticipate the other party’s arguments. Practice your responses and prepare a list of what you are asking for and why to stay focused during the hearing.
8. Arrange Childcare and Time Off
   • Make arrangements for childcare if needed, and ensure that you have time off work, as hearings can last several hours.
9. Plan Logistics
   • Check parking, traffic conditions, and the courtroom location ahead of time to avoid any delays on the day of your hearing.

By preparing ahead of time, you can ensure that you are organized, ready to present your case effectively, and can avoid any last-minute issues on the day of your trial.

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:

1. 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.
     • How much is owed.
2. 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 do not 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:

1. Request a New Trial (Appeal) or Cancel the Judge’s Decision (Vacate):
   • If you disagree with the decision, you can file for an appeal or request the judgment be canceled.
2. Pay the Other Side:
   • If the judgment is in favor of the other party, you are required to pay them the amount owed.
3. Provide Information About Your Earnings or Assets:
   • If the other side is trying to collect the money from you, you will need to provide information about your earnings or assets.
4. Collecting Money:
   • 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 (Appeal)

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.

Cancel 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.
• You must have a valid reason for missing the court date, 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 notifies the court and the other party that you are 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 the two copies to the court clerk and pay a $20 filing fee.
     • If you cannot 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, including the new date, to the other party.

Go to Your New Court Date

• At your new court date, the judge will decide whether to cancel the previous judgment.
• You will 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 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 gives the other side time to appeal or request to cancel the decision.

If the Other Side Pays

• If the other side pays you, 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 will need to take action to collect the money, as the court does not collect it for you. It’s often a good idea 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 cannot pay you all at once, you might consider accepting a payment plan. If you agree to one, make sure it is in writing and signed by both parties.
• If you do not agree to a payment plan, the other side may ask a judge to order one.
• If they do, you will 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.

Courthouse Locations:

Southern Branch: Hall of Justice & Records

400 County Center, 1st Floor, Room A,
Redwood City, CA 94063
(650) 261-5100 option 6
https://sanmateo.courts.ca.gov/divisions/small-claims-division

BUILDING HOURS

• Monday - Friday 8:00 am - 1:30 pm, except court holidays.

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Let Squabble Help You With Your Claim at San Mateo 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 Mateo 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.