Small Claims Court in Solano County

In Solano County, CA small claims cases are filed in the Small Claim Court. Solano 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

Solano County Small Claims Court is designed to resolve disputes quickly and inexpensively. It's a simplified, informal court process where individuals can handle claims without needing to hire an attorney. Here’s an overview of key details about Small Claims Court:

Key Participants:

• Plaintiff: The person who files the claim.
• Defendant: The person against whom the claim is filed.

Right to Appeal:

• Plaintiff: While the plaintiff can appeal the defendant’s claim (if they lose), they cannot appeal the small claims court judgment once it's final.
• Defendant: The defendant does have the right to appeal if they lose the case. If the defendant appeals, both parties can have legal representation during the appeal hearing, unlike the initial hearing in Small Claims Court where no lawyers are allowed.

Claim Limits:

• A natural person (an individual, not a business or public entity) can file a claim for $12,500 or less in Small Claims Court.
• Exceptions: There are a few exceptions to this limit, but if your claim exceeds $12,500, you would typically need to file in the Civil Division of the Superior Court.
• Waiving the Amount Over $12,500: If you have a claim for more than $12,500, you can waive the amount exceeding that threshold and still file your case in Small Claims Court.

Attorney Representation:

• Pre-court Advice: You can consult with an attorney before your hearing to seek advice or guidance on how to prepare your case.
• Court Appearance: However, attorneys cannot represent you in Small Claims Court. The process is designed to allow individuals to represent themselves.

Types of Cases Handled

Common Uses of Small Claims Court:

Small Claims Court is designed to handle straightforward and relatively low-cost disputes. Here are some of the most common cases that are typically brought before this court:

• Property Damage or Repair Costs: Disputes related to damage to personal property or repair costs, such as broken appliances or damaged vehicles.
• Unpaid Loans or Bills: If someone owes you money for a loan or unpaid bills, Small Claims Court can help recover the debt.
• Landlord/Tenant Issues: Common issues include disputes over the return of security deposits, unpaid rent, or damages to the rental property.
• Car Accidents: Small Claims Court can be used to seek compensation for damages in minor car accidents, particularly if there is no major injury or complex insurance dispute.
• Breach of Contract: If someone fails to fulfill the terms of a contract, whether written or verbal, you can use Small Claims Court to seek resolution.

When to Use Small Claims Court:

If you are dealing with a relatively simple dispute and the amount you're seeking falls within the court’s limits (typically $12,500 or less), Small Claims Court can be an ideal choice. Just ensure that you are fully prepared, including having all necessary documents, evidence, and witnesses to present your case effectively.

It's important to remember that this process is meant to be straightforward, and you will handle the case without an attorney, so being organized and clear about your claim will help you achieve the best possible outcome.

Before you file a Claim

Before you file a claim, it’s essential to ensure you meet the necessary requirements to avoid any delays or issues with your case. Here’s a quick rundown of what you need to know:

1. Age Requirement:
   • 18 Years or Older: You must be at least 18 years old to file a claim in Small Claims Court.
   • Under 18: If you are under 18, you can request the court to appoint a guardian ad litem (typically a parent, relative, or adult friend) to represent you in the case.
2. Demand Requirement:
   • Make a Demand: Before filing the claim, you are generally required to make a formal demand for payment or resolution from the defendant. If the defendant does not respond or refuses to resolve the issue, then you can proceed to file a claim.
3. Ownership of the Claim:
   • Original Owner: You must be the original owner of the claim. If you purchased the claim or it was assigned to you, you typically cannot file unless specific exceptions apply. This ensures that the person suing has a legitimate interest in the case.
4. Appearance Requirement:
   • In-Person Appearance: You are required to attend the hearing in person to represent yourself, unless certain exceptions apply.
     • Corporations: An employee, officer, or director of the corporation must attend on behalf of the company.
     • Other Entities: A regularly employed individual of the entity (like an association or business) must attend.
5. Possession of Property:
   • Property Claims: If your case is about possession of property, you must first request the defendant to return the property before filing the claim in Small Claims Court.

Additional Notes:

• These requirements help ensure fairness and that the correct party is pursuing the case. Failing to follow these steps could lead to delays or dismissal of your claim.
• Always check the rules and deadlines carefully to make sure your case proceeds smoothly.

General Advice:

• Gather all your evidence and documentation ahead of time.
• Follow all procedures, such as serving the defendant properly, to ensure there are no delays in your case.
• If you're unsure about any part of the process, it may be helpful to speak with a court clerk for guidance.

By ensuring you meet these requirements, you’ll be better prepared to proceed with your case in Small Claims Court.

Waiting Period

After filing your claim, it can take 60 to 70 days before your case is heard, depending on the court’s schedule and other factors. During this waiting period, it’s essential to stay prepared so you can present your case effectively when the hearing comes up. Here's what you can do to get ready:

1. Gather Your Evidence:
   • Documents: Collect any supporting paperwork, such as receipts, contracts, bills, and correspondence, that will strengthen your case.
   • Photos: If applicable, gather photos that demonstrate damages, injuries, or other relevant visual evidence.
   • Witnesses: If you have people who can testify on your behalf, reach out to them in advance and ensure they’re available to attend the hearing.
2. Organize Your Documents:
   • File System: Keep your documents neatly organized in a folder or binder for easy access. This will help you stay focused and present your case clearly during the hearing.
   • Prepare a Timeline: If the case involves multiple events or actions, create a timeline of key events to help you explain the situation clearly to the judge.
3. Stay Ready for Your Hearing:
   • Know the Court Date: Keep track of your court date and time, ensuring you arrive early.
   • Rehearse: Go over the key points of your case and practice presenting your side in a clear and concise manner.
   • Expect Questions: The judge may ask questions to clarify certain points, so be prepared to answer them confidently.

Final Tips:

• Stay in Communication with the Court: If there are any changes to your case or if you need additional information, don’t hesitate to contact the court.
• Be Professional: Dress appropriately and remain respectful in the courtroom.

Plaintiff

If you are considering taking a dispute to Small Claims Court, it’s important to follow the right steps to ensure everything is in order. Here's a guide to help you through the process:

1. Contact the Other Party:
   • Attempt Resolution: Before going to court, try to resolve the dispute directly with the other party. Open communication can often lead to an agreement without the need for litigation.
   • Mediation: If direct communication doesn't work, consider using mediation services. A mediator can help facilitate a resolution between both parties without needing to go to court.
2. Familiarize Yourself with Small Claims Court Procedures:
   • Understand the Court Rules: Be clear about the Small Claims Court rules, including the maximum claim limits (e.g., $12,500 for individuals). Knowing these rules will ensure your case is properly filed.
   • Determine the Amount: Clearly identify the amount in dispute, including any additional fees, interest, and damages. Make sure the total falls within the court's limits.
3. File the Claim:
   • Complete the Claim Form: Fill out the Plaintiff's Claim (SC-100) form accurately and completely.
   • Pay the Filing Fee: The filing fee depends on the amount you're claiming. Make sure to check the fee schedule based on your claim size.
   • File a Business Declaration (if needed): If you are filing on behalf of a business, you may need to submit a Fictitious Business Name Declaration (SC-103) if applicable.
4. Arrange for Service of Process:
   • Serve the Defendant: After filing your claim, ensure the defendant is properly served with a copy of the claim. This can be done by a process server or sheriff.
   • Proof of Service: Submit the Proof of Service (SC-104) form to the court, showing that the defendant was notified. This is a crucial step to avoid delays.
   • Notice Time: Make sure the defendant is given at least 15 to 30 days’ notice before the hearing.
5. Prepare for the Hearing:
   • Organize Evidence: Gather all necessary documents such as receipts, contracts, photos, or other relevant evidence. Organize them in a way that will be easy to present.
   • Prepare Witnesses: If you have witnesses who can support your case, make sure they are available to testify.
   • Anticipate Defenses: Consider any possible defenses the defendant may raise and prepare responses accordingly.
6. Keep Communication Open:
   • Attempt Further Resolution: If possible, try to resolve the dispute before the hearing. Sometimes a settlement or compromise can be reached at the last minute.
7. Attend the Hearing and Present Your Case:
   • Be Clear and Concise: When presenting your case, stick to the facts and make sure to present your evidence in an organized manner. Be ready to answer any questions from the judge.
   • Be Respectful and Professional: Always maintain a respectful attitude toward the judge and the defendant. Follow court etiquette and listen carefully during the hearing.

Defendant

If you’ve been served with a claim and are preparing for a hearing in Small Claims Court, it’s crucial to follow these steps to ensure the best outcome:

1. Contact the Plaintiff and Try to Resolve the Dispute:*
   • Reach Out for Resolution: Before the court hearing, try to settle the dispute directly with the plaintiff. Small Claims Court is often a last resort, so resolving the issue outside of court can save both time and money.
   • Consider Mediation: If direct communication doesn’t work, mediation can be a helpful alternative. Mediators can help facilitate a fair agreement without needing to go through the formal court process.
2. Familiarize Yourself with Small Claims Court Procedures:
   • Understand the Process: Review the small claims court procedures. Knowing the court’s rules and procedures will help you feel more confident during the hearing.
   • Determine Your Position: Be clear on the plaintiff’s claim against you. Understand the evidence they’ll present so you can prepare your defense accordingly.
3. Consider Bringing a Counterclaim (If You Have One):
   • File a Counterclaim: If you believe the plaintiff owes you money or has wronged you, you can file a counterclaim. This allows the court to hear both your case and the plaintiff’s claim at the same time.
   • Complete the Necessary Forms: Use the appropriate forms, such as SC-120 for counterclaims, to ensure that both issues are addressed during the hearing.
4. Prepare for the Hearing:
   • Organize Your Evidence: Gather any documents or evidence that support your defense, such as contracts, receipts, emails, text messages, or any other relevant communication.
   • Prepare Witnesses: If you have witnesses who can support your case, make sure they’re available to testify. You may need to subpoena them if necessary.
   • Anticipate the Plaintiff’s Argument: Think about the plaintiff’s case and prepare responses to their arguments. Being ready for their points will help you stay composed and counter their claims effectively.
5. Keep Communication Open:
   • Continue Trying to Resolve the Issue: Even after you’ve been served, you may still be able to reach a settlement with the plaintiff. Attempt to resolve the issue outside of court before the hearing. A settlement could result in the case being dismissed or settled favorably for you.
6. If You Owe Money, Try to Pay It or Work Out a Payment Plan:
   • Pay or Propose a Payment Plan: If the plaintiff has a valid claim and you owe money, try to pay it before the hearing or negotiate a payment plan. Courts often allow defendants to pay in installments.
   • Bring Proof of Payment: If you’ve already made partial payments or started a payment plan, bring proof of these payments to the hearing. It can show your willingness to resolve the matter.
7. Request a Postponement (If Necessary):
   • Request a Delay: If you need more time to gather evidence or resolve the dispute, request a postponement before the hearing. The court will decide whether to grant it.
   • Postpone for Informal Resolution: If you’re close to resolving the issue with the plaintiff informally, ask the court for more time to finalize the agreement.
8. Avoid a Judgment Against You:
   • Credit Record Concerns: A judgment against you can have negative consequences on your credit record. It’s important to avoid a judgment by resolving the issue before the hearing or presenting a strong defense.
9. Attend the Hearing and Present Your Defense:
   • Present Your Case: On the day of the hearing, make sure to present your side of the story. Explain why you disagree with the plaintiff’s claim and present the evidence that supports your defense.
   • Be Respectful and Professional: Always maintain a respectful and professional attitude in court. Follow court etiquette and answer questions clearly and directly.

Final Tips:

• Stay Organized: Keeping all your documents and evidence organized will help you present your case clearly.
• Be Ready to Negotiate: Sometimes, the court might suggest mediation or settlement. Being open to these options could help resolve the issue more quickly.

Where to File

When filing a small claims case, it's crucial to choose the correct court district (venue) to ensure that your case is heard without unnecessary delays or the potential for dismissal. Here’s a breakdown of the key factors that determine where you should file your claim:

1. Where the Defendant Lives or Business Location:
   • Individual Defendants: If the defendant is a person, you should file the case in the court district where the defendant lives.
   • Business Defendants: If the defendant is a business, you should file in the court district where the business operates or has its principal office.
2. Where the Damage or Accident Occurred:
   • For claims involving property damage or accidents (e.g., car accidents, damage to property), file in the court district where the incident occurred.
3. Where the Contract Was Signed or Performed: If the case involves a contract:
   • Contract Disputes: File in the court district where the contract was signed, or where the contractual obligations were performed. This is important for breach of contract cases.
4. Corporations: For cases involving corporations:
   • File in the court district where the corporation operates, has a principal office, or where the contract was signed or executed.
5. Retail Installment Accounts and Sales Contracts: For cases involving retail installment contracts or sales:
   • Venue Options: You can file where the defendant lives, where the contract was signed, or where the goods are stored.

Key Points to Remember:

• Filing in the Wrong Venue: Filing in the wrong venue could lead to a dismissal of your case, or at the very least, significant delays. However, if all defendants agree, the venue error can be corrected.
• Multiple Defendants: If there are multiple defendants, you need to ensure that each defendant's venue is correct, and each will be served in the proper district.
• Verify with a Court Clerk: Before filing your case, always verify with a court clerk to confirm that you are filing in the correct venue. This will help you avoid unnecessary complications or having to refile the case in a different district.

By carefully selecting the correct venue, you help ensure that your case is handled efficiently, reducing the risk of delays or dismissal. Being proactive in understanding and choosing the right court district can make the entire small claims process smoother and more effective.

Notifying the Defendant of the Claim

Notifying the defendant about your lawsuit is a critical part of the small claims process. It ensures that the defendant is properly informed and allows your case to proceed without unnecessary delays or complications. This process is known as "service of process," and there are four primary methods to serve the defendant with your claim:

1. Service by a Law Officer
   • Fee: There is a fee for this service.
   • How It Works: A law enforcement officer (such as a sheriff) will deliver the claim documents directly to the defendant.
   • Best For: This method is often used for formal, legal notification, ensuring that the defendant receives the documents directly.
2. Process Server
   • Fee: There is typically a fee for this service.
   • How It Works: You can hire a professional process server to deliver the claim documents to the defendant.
   • Requirements: The process server must be at least 18 years old and not involved in the case. Registered process servers can be hired for a fee, and they will handle the delivery on your behalf.
   • Best For: If you want a professional to handle the service and ensure the documents are delivered correctly.
3. Certified Mail
   • Fee: There is a fee for this service.
   • How It Works: The court clerk can send the claim to the defendant using certified mail. This requires the defendant to sign for the mail, providing proof that they have received it.
   • Important Note: You must ensure that the defendant signs for the certified mail, as this is used as proof of service.
   • Best For: If you want a documented and traceable way of serving the defendant.
4. Substituted Service
   • How It Works: If you are unable to serve the defendant directly, you can serve someone else at their home or business. This could be a family member, roommate, or someone else who is of legal age and lives with the defendant.
   • Requirements: Specific rules must be followed for substituted service, such as leaving the documents with a person who lives at the defendant's home or works at their place of business.
   • Best For: When direct service is not possible, but the defendant's whereabouts are known.

Important Notes About Service of Process:

• Deadline for Service:
  • Defendants within the county: Service must be completed at least 10 days before the trial date.
  • Defendants outside the county: Service must occur at least 15 days before the trial date.
• Documentation: After service, make sure to submit all required documentation to the court (such as the certified mail receipt or process server’s proof of service) to confirm that the defendant has been properly notified.

Why Proper Service Matters:

Properly notifying the defendant is essential to ensure that your case can proceed smoothly. If service is not completed on time or correctly, it can cause delays or even lead to the dismissal of your case. By selecting the right method and adhering to the deadlines, you help ensure that the defendant is informed, which keeps your case on track.

Cost

Small Claims Court Filing Fees

Filing fees in Small Claims Court vary based on the amount of your claim and how many claims you've filed within the last 12 months. Here’s a breakdown:

• Filing Fees for the First 12 Claims in a Year:
  • Claims of $1,500 or less: The filing fee is $30.
  • Claims greater than $1,500 but less than or equal to $5,000: The filing fee is $50.
  • Claims exceeding $5,000: The filing fee is $75.
• Filing Fees After 12 Claims in a Year:
  • Claims of $5,000 or less: The filing fee increases to $75.
  • Claims over $5,000: The filing fee increases to $100.

Additional Notes:

• Uniform Fees: These filing fees apply consistently across all counties within the state, so they are standardized regardless of where you file.
• Fee Waiver: If you're unable to pay the filing fees due to financial hardship, you can apply for a fee waiver. To do so, you must submit the appropriate Fee Waiver Request form to the court. The court will evaluate your financial situation to determine if you qualify for the waiver.
• Administrative Costs: These fees help cover the costs of processing your case and maintaining the court system.

If you’re unsure whether you qualify for a fee waiver or have questions about how the filing fees apply to your case, it’s a good idea to contact the court clerk for guidance.

Hearing

Preparing thoroughly for your Small Claims Court hearing is crucial to ensure you present a strong case. Here's what you should bring with you:

• Types of Evidence to Bring:
  1. Witnesses:
     • Importance: Witnesses who can testify about key details of the case can significantly strengthen your position. If you have individuals who can confirm your claims or provide insight into the dispute, bring them with you.
     • Tip: Notify your witnesses in advance and ensure they are available to attend the hearing.
  2. Photos:
     • Importance: Photos can be powerful visual evidence, especially for property damage, injuries, or any visible evidence of a claim.
     • Tip: Make sure the photos are clear, well-lit, and taken from different angles if applicable.
  3. Bills and Receipts:
     • Importance: If you’ve incurred costs due to the dispute (e.g., repair bills, unpaid invoices), these documents serve as proof of your financial loss or payments made.
     • Tip: Bring both original documents and copies for the judge and the defendant.
  4. Contracts:
     • Importance: If the dispute revolves around a contract, such as a lease, agreement, or business transaction, bring the written contract as evidence. This helps clarify the terms and obligations agreed upon.
     • Tip: Highlight key sections of the contract that support your case.
  5. Other Relevant Documents:
     • Importance: Any other written evidence that supports your case is important. This includes emails, text messages, letters, and any correspondence related to the dispute.
     • Tip: Organize these documents chronologically to make it easier for the judge to understand the timeline of events.

Additional Tips for Organizing and Presenting Your Evidence:

• Organize Your Evidence: Keep your documents in order, and have them easily accessible during the hearing. It’s helpful to create a folder or binder with sections for each type of evidence.
• Make Copies: Bring three copies of everything—one for the judge, one for the defendant, and one for yourself.
• Be Prepared to Explain Your Evidence: The judge may ask you to clarify or explain the documents or testimony you present. Be ready to briefly explain how each piece supports your claims.

After the Hearing

Once the Small Claims Court hearing is over, the judge (or a temporary judge/commissioner) will make a decision based on the evidence and arguments presented. Here’s what you can expect next:

• Decision Outcome:
  1. Immediate Decision:
     • What It Means: Sometimes, the judge will give a decision right after the hearing, usually when the case is straightforward and the evidence is clear.
     • What to Expect: The judge will issue a ruling on the spot, and the judgment will be final unless appealed (if allowed). You will typically receive a copy of the judgment immediately after the decision.
  2. Decision Later (Mailing of Decision):
     • What It Means: In more complex cases or when the judge needs additional time to review the evidence, the judge may take the case under advisement.
     • What to Expect: The judge will mail the written decision to both parties at a later date, typically within a few weeks after the hearing. The decision will explain the outcome and how it was reached.

Temporary Judges (Judge Pro Tem):

1. What is a Temporary Judge?
   • Definition: A temporary judge, also known as a Judge Pro Tem, is a qualified lawyer who has been appointed to hear and decide a case in place of a regular judge. They have the same authority as a regular judge, and their decisions are legally binding.
   • Key Point: Temporary judges are often used to help manage the court's caseload efficiently, especially in smaller cases like those heard in Small Claims Court.
2. Requesting a Regular Judge:
   • What It Means: If you prefer a regular judge over a temporary judge, you can request one. However, keep in mind:
   • Possible Delay: Requesting a regular judge could result in a delay in your case being heard, and your hearing might need to be rescheduled.
   • Consideration: It’s important to weigh the pros and cons of delaying your case versus proceeding with a temporary judge who has the same authority.

Appeal

The appeal process in Small Claims Court can seem complex, but it’s important to know your rights and the specific steps involved if you’re considering appealing a judgment. Here’s what you need to know:

Who Can Appeal?

1. Plaintiff (Person Who Filed the Claim):
   • No Appeal Rights: If you were the plaintiff and lost the case, unfortunately, you cannot appeal the decision. Once the judge has issued their ruling, it is final, and you have no further recourse in Small Claims Court.
2. Defendant (Person Being Sued):
   • Right to Appeal: If you were the defendant and lost the case, you do have the right to appeal. This allows you to request that the case be heard by a different judge. The new judge will review the evidence and make a new decision.

What if You Missed the Hearing?

1. Defendant Who Missed the Hearing:
   • If you were the defendant and missed the hearing, you cannot appeal just because you were absent.
   • However, you may be able to request the judgment be vacated (canceled) and a new hearing scheduled. This is a separate process and involves filing a motion, not an appeal.

Filing an Appeal

1. Form to File:
   • To initiate an appeal, you must file a Notice of Appeal (Form SC-140). You can file this form either in person or by mail.
2. Deadline for Filing:
   • The deadline to file the appeal is 30 days from the date the court mails the Notice of Entry of Judgment. Make sure to meet this deadline to avoid losing your chance to appeal.
3. Cost:
   • The cost for filing an appeal is typically $75. Be prepared to pay this fee when you submit your appeal.

After You File an Appeal

1. New Hearing Scheduled:
   • Once the appeal is filed, a new hearing will be scheduled, and your case will be heard by a different judge. This gives you an opportunity to have the case reviewed again.
2. What to Expect at the New Hearing:
   • Present Your Evidence Again: You will need to present the same evidence as you did during the initial hearing. The new judge will review all of the evidence and the arguments from both sides.
   • Explain Your Side: You will have an opportunity to explain why you disagree with the original judgment and present your reasons for the appeal.

Key Differences in the Appeal Hearing

1. Legal Representation:
   • In Small Claims Court, neither party can have a lawyer during the original hearing. However, during the appeal hearing, both the plaintiff and the defendant can have legal representation. If you choose to have a lawyer, it is important to have one who specializes in small claims appeals.
2. Review of the Case:
   • The new judge will review the case from scratch. They may allow for new evidence or arguments to be presented. Be prepared to introduce any new information that may be relevant to the case.

Final Considerations

1. Appeals Extend the Process:
   • Keep in mind that filing an appeal can delay the resolution of your case. The appeal process includes another round of hearings and legal procedures, so the case may take longer to resolve.
2. Prepare Thoroughly:
   • Since an appeal allows for a fresh review of your case, be sure to organize your evidence and arguments carefully. If there’s any new information that could support your case, make sure to present it.

Statute of Limitations

The statute of limitations sets the time period within which you must file a lawsuit in Small Claims Court. If you fail to file within this time frame, your case may be dismissed as it will be considered time-barred. Here's an overview of the statute of limitations for common types of claims:

1. Personal Injury
   • Time Limit: 2 years from the date of the injury.
   • Example: If you were injured in a car accident or due to someone’s negligence, you must file within two years of the incident.
2. Verbal (Spoken) Agreement
   • Time Limit: 2 years from the date the agreement was breached.
   • Example: If you had a verbal contract and the other party failed to fulfill their obligations, you have two years from the breach date to file your claim.
3. Written Agreement
   • Time Limit: 4 years from the date the agreement was breached.
   • Example: If you entered into a written contract and the other party violated the terms, you have four years from the breach to take legal action.
4. Property Damage
   • Time Limit: 3 years from the date the damage occurred.
   • Example: If someone damages your property (e.g., broken windows, vandalism), you have three years from the date the damage happened to file your claim.
5. Fraud
   • Time Limit: 3 years from when you discovered the fraud or when you should have reasonably discovered it.
   • Example: If you were defrauded (e.g., someone lied to you to take your money), you have three years from when you became aware of the fraud to file a claim.
6. Suing a Government Agency
   • Time Limit: 6 months to file a claim with the government agency.
   • Process: If you are suing a government agency or public body, you must first file a claim with the agency within six months. The agency has 45 days to respond. If they deny or fail to respond, you then have six months to file your case in Small Claims Court.

What Happens If You Miss the Statute of Limitations?

• If you miss the statute of limitations, your case will likely be dismissed by the court as time-barred.
• It's critical to file your claim within the time frame to ensure that your case is heard

Tips for Ensuring Timely Filing:

1. File Early: If you're unsure of the statute of limitations for your case, it’s a good idea to file your claim as soon as possible to avoid missing the deadline.
2. Consult with a Professional: If you're uncertain about the time limit or need clarification, consider consulting with a legal professional or a court clerk to confirm the statute of limitations applicable to your case.

Court

In Small Claims Court, you must generally appear in person to represent yourself. However, there are specific exceptions where someone else may represent you. Below are the key exceptions to the rule:

1. Active Military Duty
   • Eligibility: If you are on active military duty and were assigned to a duty station after your claim arose, and your assignment is for more than six months, you may be eligible to have someone else represent you in court.
   • How It Works: To allow another person to represent you, you must file an Authorization to Appear (Small Claims) form (SC-109) before the hearing. This form must be filed and approved by the court prior to your appearance.
2. Business Cases
   • Sole Proprietor (Only Owner of a Business)
     • Rule: The sole owner of a business typically must appear in court for their case. However, if the case involves a business account and you provide relevant evidence, a regular employee with knowledge of the account may represent you.
   • Business with Partners
     • Rule: If your business has partners, one of the partners must appear in court to represent the business.
   • Corporations
     • Rule: For a corporate business, an employee, officer, or director of the corporation must attend the hearing. They must hold an official position within the company, not just be a hired representative.

Why These Rules Matter

The goal of these exceptions is to ensure that the person appearing in court has direct knowledge of the case, the facts, and any relevant business or financial details. This helps maintain fairness and ensures that the case is properly represented.

Key Reference

For more detailed information on who can appear on your behalf in different situations, refer to Civil Code of Procedures Section 116.540.

Collect

Once you win a Small Claims Court case, the court’s responsibility ends with the judgment. The court will issue the necessary documents, but it's up to you to collect the judgment. Below are key tools and considerations for collecting the judgment:

Collection Tools:

1. Wage Garnishments
   • Process: Collect a portion of the debtor’s wages directly from their employer.
   • Considerations: There are limits on how much can be garnished based on income.
2. Bank Levies
   • Process: Freeze the debtor’s bank account to seize funds directly.
   • Considerations: You need to know the debtor’s bank details to request this through the court.
3. Property Liens
   • Process: Place a lien on the debtor’s property, preventing them from selling or refinancing it without settling the debt.
   • Considerations: If the property is sold or refinanced, you may recover the debt from the sale proceeds.

Important Considerations:

1. Debtor’s Ability to Pay
   • If the debtor has no assets or income, collecting may be difficult or impossible.
2. Payment Plans
   • The debtor may offer a payment plan. While you're not obligated to accept it, a plan may allow you to recover some money over time. Ensure any agreement is in writing.
3. Cost and Time of Collection
   • Debt collection can be costly and time-consuming, especially if the debtor is evasive. Consider if the effort is worth the cost, especially if the debtor has limited resources.
4. Decision to Continue Collection
   • If the debtor has limited means, continuing collection efforts may not be financially worthwhile. Weigh the costs against the potential recovery and decide whether to continue or cut your losses.

Key Takeaways:

• Collection is not guaranteed even after winning.
• Manage your expectations—collection efforts may not succeed if the debtor lacks assets.

Enforcement of the judgment

Once you've won a Small Claims Court case, the process of enforcing the judgment can be time-consuming. Here are the key steps and timelines involved:

1. 30-Day Appeal Period
   • What It Means: After the judgment is entered, the debtor has 30 days to file an appeal. During this period, the judgment is not enforceable. The debtor is not required to pay, and collection efforts cannot begin.
   • After the Appeal: If the debtor appeals and the appeal is denied, the case returns to Small Claims Court, and you can proceed with collection efforts.
2. Judgment Enforcement Timeline
   • 10-Year Enforceability: Generally, a judgment is enforceable for 10 years from the date it’s entered. This gives you a decade to pursue collection.
   • Renewal of Judgment: You can renew the judgment for an additional 10 years if necessary.
   • Important: After renewing, you cannot renew the judgment for another 5 years, so it's critical to track these renewal periods carefully.
3. Judgment Debtor's Statement of Assets (SC-133)
   • What It Is: If the debtor doesn’t appeal, file a motion to vacate, or voluntarily pay, they must complete and send you the Judgment Debtor's Statement of Assets (SC-133). This form provides critical details about the debtor's financial situation, including:
     • Income
     • Assets
     • Bank accounts
   • Why It’s Important: This form helps you decide the best course of action for collection, such as:
     • Wage garnishment
     • Levying bank accounts
     • Seizing property
   • Follow-Up: Stay diligent in following up on the debtor’s submission, as this information is vital for taking further collection actions.
4. What Happens If the Debtor Refuses to Provide Information
   • Refusal to Submit SC-133: If the debtor refuses to submit the SC-133 form, you can request the court's assistance in compelling them to provide the necessary information.
   • Debtor’s Examination: The court can schedule a debtor’s examination, where the debtor will be required to appear before the judge and answer questions about their assets. This is a key tool in gathering the information needed for enforcement.
5. Tracking Renewals and Deadlines
   • Stay Diligent: It’s important to track important deadlines, such as the appeal period, judgment renewal dates, and the SC-133 submission deadline to avoid missing opportunities for enforcement or extending the judgment.

Final Tip

• Collection Process: The process can be lengthy, especially if the debtor has limited resources. Staying organized and proactive with:
  • Deadlines
  • Required forms (e.g., SC-133)
  • Enforcement tools (wage garnishments, bank levies, property liens)

By remaining diligent and tracking these details, you will increase your chances of successfully collecting the judgment. If the debtor is uncooperative or if you need more advanced enforcement strategies, consider seeking professional legal assistance.

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Courthouse Location:

Superior Court of California, County of Solano

600 UnionAvenue
Fairfield, CA 94533
(707) 207-7335

https://solano.courts.ca.gov/divisions/small-claims

BUILDING HOURS

• Mon - Fri: 8:00 AM - 12:00 PM, 1:00 PM - 3:00 PM (Phone)
• Mon-Fri: 8:00 AM - 3:00 PM (Drop-in)
• Mon-Fri: 8:00 AM - 3:00 PM (Appointment)
• Except court holidays.

Old Solano Courthouse

580 Texas St,
Fairfield, CA 94533
(707) 207-7335
https://solano.courts.ca.gov/divisions/small-claims

CITIES SERVED

• Fairfield
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