Small Claims Court in Stanislaus County

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

Stanislaus County Small Claims Court provides an easy way to pursue legal action if someone or a business owes you money. It's designed to be quicker than traditional legal processes. While you can seek advice from a lawyer, they are not allowed to represent you in court.

• Claim Limitations:
  • Individuals: Disputes must be for $12,500 or less.
  • Businesses: Disputes must be for $6,250 or less.
  • Exceptions: In the case of personal injury claims arising from an auto accident, the defendant’s insurance policy must include a duty to defend, regardless of the claim amount.
• Limit on Number of Claims:
  • You cannot file more than two cases in Small Claims Court for more than $2,500 per calendar year. (Code of Civil Procedure Sec. 116.231)

Filing Small Claims as a Business

• Filing Methods: Businesses can file their claims electronically, by mail, or in person.
• Multiple Claims: Due to limited staffing, if a business is filing more than two claims at the same time in person, they will be asked to drop their claims for later processing.
  • Claims can be dropped at the clerk’s filing window or in the drop box in the lobby.
  • Filers can return the next business day to pick up their copies or provide a self-addressed stamped envelope for the clerk to return the copies by mail.

Doing Business Under a Fictitious Business Name

• If the plaintiff is doing business under afictitious business name, and the claim relates to that business, they must file a declaration. This declaration confirms that the plaintiff has executed, filed, and published a fictitious business name statement as required by law.
  • This can be accomplished by filing the SC-103 form along with the claim.
  • Note: If the plaintiff has not complied with the fictitious business name laws, the court must dismiss the small claims action. (Code of Civil Procedure § 116.430(b)).

Mediation

Mediation is a chance to resolve your case without going to trial. It can happen at different stages:

• Before filing a claim: You can try mediation to settle your dispute before taking legal action.
• After filing a claim: Mediation can be used while your case is still pending in court.
• On the day of trial: You can also attempt mediation on the day of your trial.

In mediation, a trained mediator meets with both parties and helps facilitate a discussion. The goal is to help both sides reach a resolution that is fair and agreeable, avoiding the need for a judge's decision.

Benefits of Mediation

• Voluntary: Participation is up to both parties.
• Confidential: Discussions in mediation are private.
• Affordable: Mediation can be free or low-cost.
• Flexible: You can create a solution that works for both sides, which might not be possible in court.
• Less stressful: Mediation tends to be more relaxed than a courtroom setting.
• Faster: You may resolve the issue in mediation well before your trial date.

Mediation allows both sides to work together and often results in a more satisfactory and lasting solution, and you can still go to court if mediation doesn't work.

Cost

In Small Claims Court, the filing fees are based on the amount of your claim and how many claims you've filed in the past 12 months. Here’s a breakdown:

• For the first 12 claims in a year:
  • If your claim is $1,500 or less, the filing fee is $30.
  • If your claim is greater than $1,500 but less than or equal to $5,000, the filing fee is $50.
• For claims exceeding $5,000, the filing fee is $75.
• After filing 12 claims within a year, the filing fee increases to $75 for claims of $5,000 or less and $100 for claims over $5,000.

These filing fees are consistent across all counties in the state.

If you're unable to afford the filing fees, you can request a fee waiver.

Types of Cases

In Small Claims Court, some of the most common types of cases include:

1. Car Accidents: If you're involved in a car accident and the other party is at fault, you can file a claim to recover costs for repairs, medical bills, or other damages.
2. Property Damage: If someone damages your property, such as breaking a window, causing damage to your home, or harming personal property, you can file a claim for compensation.
3. Landlord/Tenant Rent Deposit Disputes: If your landlord refuses to return your security deposit, or if you believe they unfairly withheld part or all of it, you can file a claim for the amount owed.
4. Collection of Money Owed: This includes situations where someone owes you money and refuses to pay, such as for unpaid loans, services, or unpaid bills.

These cases typically involve smaller amounts of money, which is why Small Claims Court provides an affordable and faster alternative to formal court proceedings.

After you file your claim in Small Claims Court, you may need to wait anywhere from 60 to 70 days before your case is heard in court. This waiting period is typically the time it takes for the court to process your paperwork, schedule your hearing, and allow the other party to be properly notified. The exact time can vary depending on the court's schedule and the specific circumstances of your case.

It's important to be patient during this time, but also to stay prepared by gathering all necessary evidence, organizing your documents, and making sure you’re ready for the hearing once it’s scheduled.

Hearing

When you go to court for your Small Claims case, the judge (or sometimes a Commissioner or temporary judge) will listen to both sides of the story. It's essential to bring strong evidence to support your case. Some examples of helpful evidence include:

• Witnesses: People who can testify to events or circumstances that are relevant to your case.
• Photos: Visual evidence of damages, injuries, or other relevant situations.
• Bills and Receipts: Documentation showing any payments made or expenses incurred.
• Contracts: Written agreements that prove the terms of any deals or disputes.
• Other Relevant Documents: Anything that supports your argument and helps clarify the facts. After hearing both sides, the judge may issue a decision immediately at the hearing. If the case requires more consideration, they may take it under advisement and mail the decision to you later.

As mentioned, you might also be assigned a temporary judge, often called a Judge Pro Tem. This is a qualified lawyer who is authorized to hear and make decisions on cases. If you prefer a regular judge instead, you can request that the case be heard by one, though that could require rescheduling and a longer wait for your hearing.

Appeal

In Small Claims Court, if you were the plaintiff (the one who filed the claim), you cannot appeal the decision. Once the judge rules in your case, the decision is final.

However, if you are the defendant (the person being sued) and you lose the case, you do have the right to appeal the judgment. If you choose to appeal, the case will be heard by a different judge, and you may also have the option to bring in legal representation. Be sure to file your appeal within the proper time frame (usually 30 days from the date of the judgment). Here’s a breakdown:

• If you started the case (you were the plaintiff), you cannot appeal the decision. The decision is final once the judge makes it.
• If you are the defendant and lose the case, you can appeal the decision.
• If you missed the hearing, you cannot appeal based on that alone. However, you may be able to request the judgment be canceled and a new hearing scheduled, but this is a different process from filing an appeal.

To appeal a judgment, you must file a Notice of Appeal (form SC-140). This can be done in person or by mail. You have 30 days from the date the court mailed the Notice of Entry of Judgment to file this notice. The cost to file is $75.

Once the appeal is filed, your case will be heard by a different judge, and both sides can present their arguments again.

When you appeal a small claims judgment, you will have a new hearing. This hearing will be held by a different judge, so you'll get a fresh review of your case. During the hearing, you’ll need to:

1. Present your evidence again.
2. Tell your side of the story once more, explaining why you disagree with the previous judgment.

One important difference when appealing is that you can have a lawyer represent you during this hearing. Unlike the initial small claims trial, where you are not allowed to have a lawyer represent you, in an appeal, both parties are allowed to have legal representation.

This new hearing may allow you to present new arguments, so it’s important to be well-prepared.

Statute of Limitations

When considering whether it’s too late to file a claim, it's important to keep in mind the statute of limitations, which is the time period within which you must file your lawsuit. Here are some general guidelines to help you understand when you need to file:

1. Personal Injury: If you were injured, you have two years from the date of the injury to file your claim.
2. Verbal (Spoken) Agreement: If a spoken agreement was broken, you have two years from the date the agreement was broken to file your case.
3. Written Agreement: If a written contract was violated, you have four years from the date the agreement was broken to file your claim.
4. Property Damage: If your property was damaged, you have three years from the date the damage occurred to file your case.
5. Fraud: If you were defrauded (i.e., you lost money because someone intentionally lied or deceived you), you have three years from the time you discovered the fraud or when you should have reasonably discovered it.
6. Suing a Government Agency: If you are suing a government agency or public body, you generally have six months to file a claim with the agency first. The agency then has 45 days to make a decision. If they deny your claim or do not make a decision in 45 days, you then have six months to file a claim in small claims court.

Court

If you are unsure whether you’re within the time limit, it’s still a good idea to file your case, and let the judge decide whether your claim is valid based on the statute of limitations.

In small claims court, you must appear in person to represent yourself. You cannot send anyone else, including a lawyer, to represent you, except in some specific situations.

For example, exceptions to this rule may apply if:

1. You are serving on active duty in the armed forces.
2. You were assigned to a duty station after your claim arose.
3. Your assignment is for more than six months.

If one of these exceptions applies to you and you cannot attend, you may be able to send someone else to represent you. To do this, you would need to file an Authorization to Appear (Small Claims) form (SC-109), which allows someone to appear on your behalf.

For more information, you can read Civil Code of Procedures Section 116.540, which provides detailed rules regarding exceptions for who can appear in court for you.

In small claims court, business owners have specific rules regarding who must appear in court:

1. Sole Proprietor (Only Owner of a Business):
   • As the sole owner, you must go to court. However, if the claim can be proven by evidence of a business account, a regular employee who has knowledge of the account may represent you instead.
2. Business with a Partner: If the business has partners, one of the partners must go to court.
3. Corporations: If the business is a corporation, an employee, officer, or director must go to court. However, this person cannot be hired just to represent the corporation in court. They must have an official position in the company.

These rules are meant to ensure that someone with direct knowledge of the business or its operations is present in court to explain the case.

Collect

The court does not collect the money for you. After a judgment is issued in your favor, the court will provide you with the necessary documents and orders that can help you take steps to collect the debt, such as wage garnishments, bank levies, or property liens.

However, not all judgments are collectible. If the debtor has no income, assets, or property of value, it can be very difficult to collect the money owed to you. In some cases, the debtor may also be able to make arrangements like a payment plan, which you can choose to accept or reject. If they are unable or unwilling to pay, you might need to explore additional collection methods or even decide whether it's worth pursuing further.

It’s important to understand that the process of collection can be lengthy and sometimes costly, and there’s no guarantee that you will be able to collect the full amount.

Enforcement of the judgment

Enforcement of the judgment is typically delayed for 30 days after the entry of judgment to allow the other side time to file an appeal. During this time, the debtor does not have to pay, and you cannot begin the collection process.

If an appeal is filed, the judgment cannot be enforced until after the appeal process is complete. If the appeal is denied and the Superior Court's judgment is sent back to the Small Claims Court, then you can proceed with enforcing the judgment at that time.

It's important to keep track of the appeal deadline and any developments during the appeal process so you know when you're able to take the next steps in collecting the money owed to you.

In most cases, judgments are enforceable for 10 years from the date they are entered, meaning you can collect the money owed to you within that time frame. After the 10 years, the judgment can be renewed for another 10 years to extend the time you have to collect the debt.

However, there's a limitation: after a judgment is renewed, it cannot be renewed again until five years later. This means that once a judgment has been extended, you would have to wait five years before you could renew it again, if necessary, to continue enforcement.

It’s important to keep track of the renewal dates and make sure you take action before the judgment expires, as that’s when your ability to collect may be affected.

If a debtor does not appeal or file a motion to vacate the judgment, and they also do not voluntarily pay the judgment, they are required to fill out a Judgment Debtor's Statement of Assets (form SC-133) and send it to you. This form provides valuable information about the debtor's assets, income, bank accounts, and other details that may help you in the process of collecting the money owed.

The purpose of the SC-133 form is to provide you with the information needed to enforce the judgment, allowing you to take steps like garnishing wages, levying bank accounts, or seizing property. If the debtor refuses to provide this information, you may be able to request the court's assistance in compelling them to fill out and submit the form.

Debtor Pay the Judgment to the Court

A debtor in a Small Claims case can choose to pay the judgment directly to the Court. This method is often used when the debtor wants immediate proof of payment, especially if they want to clear their credit record or demonstrate they have paid what they owe.

To do this, the debtor must pay the principal amount of the judgment, any additional costs after judgment, interest accrued, and the Court’s processing fee (typically around $20.00).

The debtor must fill out form SC-145 (Request to Pay Judgment to Court) to make the request to the Court to handle the payment. Once the payment is made, the Court will notify you, the creditor, that the payment has been processed. It is important to keep your mailing address updated with the Court to ensure you receive this notice.

If the Court cannot contact you within three years after it receives the payment, the money will become the property of the Court, and you will lose your right to collect it. That's why maintaining an accurate mailing address with the Court is crucial to ensure you are informed when payment is made.

Once the debtor has paid the judgment to the Court, the Court will notify you that the payment has been made. You will then need to:

1. Complete the Judgment Creditor's Request for Funds – This is a portion of form SC-145 (Request to Pay Judgment to Court).
2. Claim the money – You will need to either mail or deliver your completed request to the Court Clerk.

Once the Court processes your request, you should expect to receive the payment in approximately six weeks. It's important to ensure that you follow these steps promptly and correctly to collect the money owed to you.

Courthouse Locations:

The Superior Court of California, County of Stanislaus

300 Starr Avenue
Turlock, CA 95380
(209) 530-3100 https://www.stanislaus.courts.ca.gov/divisions/small-claims

BUILDING HOURS

• Monday - Friday 8:15 am - 4:00 pm, except court holidays.

CITIES SERVED

• Modesto
• Turlock
• Ceres
• Patterson
• Riverbank
• Oakdale
• Salida
• Newman
• Waterford
• Hughson
• Keyes
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• Bret Harte
• Denair
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• Empire
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• Parklawn
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• Airport
• Del Rio
• Hickman
• Rouse
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• Westley
• Cowan
• La Grange
• Crows Landing
• Monterey Park Tract

Let Squabble Help You With Your Claim at Stanislaus 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 Stanislaus 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.