Small Claims Court in Ventura County
In Ventura County, CA small claims cases are filed in the Small Claim Court. Ventura County has three 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 Ventura Court System.
Small Claims Court
Small Claims Court Basics
Small Claims Court is designed for resolving money disputes. If you're a business—like a corporation, partnership, or public entity—you can sue for amounts up to $6,250. If you're an individual (often referred to as a “natural person”), you can claim up to $12,500. Keep in mind that you can’t file more than two claims over $2,500 each in a single year. Plus, you’ll need to represent yourself, as attorneys aren’t allowed in Small Claims Court.
You can get the necessary forms for filing at any courthouse, or you can download them online. If you prefer to receive them by mail, just send a request with a self-addressed, stamped envelope to the court.
Filing in the Right County
It’s important to file your claim in the correct county. If you don’t, the court may dismiss your case. For Ventura County, you should file your claim here if:
- The person you’re suing lives or does business in Ventura County.
- The incident (like property damage or injury) happened in Ventura County.
- You made or broke a contract (whether written or spoken) in Ventura County.
- The defendant was in Ventura County when the contract was broken.
- You or the person you’re suing lived in Ventura County when signing the contract, especially for personal or household goods, services, or loans.
- For retail installment contracts (like credit cards), you need to have signed the contract while living in Ventura County.
- If it’s a vehicle finance claim, you should have signed the contract while living in Ventura County, or the vehicle should be permanently parked there.
If your claim is related to the eastern part of Ventura County, your hearing will be held in the East County Division/Simi Valley location. Here are the relevant zip codes for that area:
- 91301, 91302, 91304, 91307
- 91360, 91361, 91362, 91377
- 93020, 93021, 93062, 93063
- 93064, 93065, 93093
If your claim falls under a different zip code in the county, it will be heard at the Juvenile Justice Center in Oxnard.
Where to File
Regardless of where your hearing will take place, all Small Claims filings must be submitted to the Hall of Justice in Ventura. The East County Division and Juvenile Justice Center do not accept Small Claims filings.
If you have questions, the District Attorney's Small Claims Advisor is available at the Courthouse in Ventura. You can reach them at (805) 654-5054 for assistance.
Who Can File a Claim?
- Age Requirement: You must be at least 18 years old to file a claim. If you’re under 18, you can request the court to appoint a guardian ad litem to assist you.
- Ownership of Claim: You must be the original owner of the claim to file.
How to File a Claim
- Make a Demand: Before filing, you should ask the defendant to pay the claim. If they refuse, you can proceed with your case.
- Obtain Forms:
- Find the necessary forms on the court's website under "Online Forms" by selecting the Judicial Council hyperlink.
- If you don’t have computer access, visit the clerk’s office to fill out the forms or request them by mail by sending a self-addressed, stamped envelope.
- Note that Small Claims forms cannot be filed by fax.
- For Businesses:
- If you're filing as a business or corporation using a fictitious name (doing business as, or DBA), complete Judicial Council form SC-103 (Fictitious Business Name form) and submit it with your claim. Failure to do so may result in dismissal of your claim at the hearing.
- Debt Claims:
- If your claim is to enforce a debt, include a detailed written calculation showing how you arrived at the amount owed. This should include:
- The original debt amount
- Each payment made
- Any fees or charges added
- All credits to the debt, including their sources and amounts
- This information is legally required for your claim to be filed.
Types of Service
When filing a claim, the defendant must receive a copy of it prior to the hearing date—15 days in advance if they live in the county and 20 days if they live outside the county. The types of service are as follows:
- Certified Mail:
- Must be done by the clerk's office.
- Costs $15.00 per defendant.
- The defendant cannot serve themselves.
- This is the least effective form of service. The return receipt must be signed by the defendant; otherwise, the court may delay your hearing and require another service attempt. Check with the court before the hearing to confirm receipt has been returned.
- Personal Service:
- Involves delivering the claim directly to the defendant or their authorized agent.
- The plaintiff cannot serve the defendant; however, anyone over 18 who is not involved in the case can serve.
- The server must complete a proof of service form, indicating when the defendant was served, and file it with the court at least 5 days before the hearing.
- You can use the Sheriff for service for a fee of $40.00 per defendant, or hire a registered process server.
Important Note: If the service is not completed on time, your case will be removed from the calendar, and you will need to reschedule the hearing and have the defendant re-served.
Settlement Before Court
If your case is settled after filing the claim but before the hearing date, you must submit the Request for Dismissal (Judicial Council form CIV-110) to the court.
- If the settlement involves payment by check, it's advisable to wait until the check has cleared before filing the dismissal.
Small Claims Mediation Program
The Ventura Center for Dispute Settlement offers free mediation services for small claims litigants at the courthouse during your hearing. Trained volunteer mediators facilitate the process.
Benefits of Mediation:
- Empowerment: You and the other party decide the outcome instead of leaving it to a judge.
- Preserve Relationships: Mediation can help maintain important business relationships and friendships without resorting to court.
- Comprehensive Resolution: Mediation allows both parties to express their views, addressing issues beyond just financial disputes.
- Time-Saving: If a settlement is reached, the mediator can quickly submit the agreement to the court, expediting your case.
- No Risk: If mediation doesn’t result in an agreement, you still have the option to have your case heard by the court.
Additional Mediation Services:
The Ventura Center for Dispute Settlement also offers mediation at their office for resolving disputes before filing in court or before an existing court date, often at low or no cost.
Collection of Judgments
If you win your case and the court awards you a judgment, but the defendant does not pay voluntarily, you are responsible for pursuing the collection. The court will not collect or enforce the judgment on your behalf. Details about this process are provided on the back of the "Notice of Entry of Judgment" sent to all parties after the hearing.
Steps to Collect a Judgment:
- Information Gathering:
- If you lack information about the debtor's income or property, you can compel the debtor to appear in court for questioning by filing an Order for Examination.
- The filing fee for this order is $60.00.
- The order must be served on the debtor by a sheriff or a registered process server.
- Writ of Execution:
- Once you identify the debtor’s income or property, you can request a Writ of Execution from the court.
- The fee for issuing a writ is $25.00.
- This writ instructs law enforcement to seize the debtor's property to satisfy your claim. Property that can be seized includes wages, bank accounts, vehicles, business assets, or rental income.
- Liens on Property:
- If the debtor owns real estate, you may want to place a lien on it to ensure you are paid if the property is sold or refinanced.
- This can be done by recording an Abstract of Judgment with the County Recorder, which requires a fee of $25.00 from the court, plus a recording fee from the Recorder's office.
Motions to Vacate a Judgment
If you missed your trial and a judgment was entered against you, you can request the court to vacate (overturn) the judgment.
Steps to File a Motion:
- File a Motion:
- Complete and submit the Notice of Motion to Vacate Judgment (Judicial Council form) within 30 days from the date the Notice of Entry of Judgment was mailed to you.
- The filing fee for this motion is $20.00.
- Appeal Process:
- If your request to vacate the judgment is denied, you have 10 days from the date the notice of denial was mailed to file an appeal.
Appeals
- Appeals on Your Own Claim:
- If you lost your own claim and the court did not award you any money, you cannot appeal the decision. The court's ruling is final.
- Appealing as the Defendant:
- If you were sued and lost the case, you have the right to appeal the court's decision if you disagree with it.
Steps to File an Appeal:
- Filing the Notice:
- If you appeared at the trial, you must file a Notice of Appeal (Judicial Council form SC-140) and pay a $75.00 filing fee.
- This must be done within 30 days after the Notice of Entry of Judgment is mailed or handed to you.
- New Trial:
- The appeal will take place in the Superior Court, where you will have a new trial and must present your evidence again.
- All claims originally heard in Small Claims Court will be included in this new hearing.
- Representation:
- You may be represented by an attorney during the appeal process.
Satisfaction of Judgment
- Filing After Payment:
- Once full payment of the judgment is received, the judgment creditor must immediately file the Acknowledgment of Satisfaction of Judgment (Judicial Council form EJ-100) with the court.
- When an Abstract is Recorded:
- If an abstract of judgment has been recorded with any county's recorder, the judgment creditor must:
- File the acknowledgment of satisfaction with the court.
- Serve a notarized acknowledgment of satisfaction on the judgment debtor, which can be done either personally or by mail.
- Timeliness:
- The judgment creditor may be liable for damages if the satisfaction of judgment is not filed with the court promptly.
Payment of Judgment to the Court
- Payment Option:
- The judgment debtor has the option to pay the judgment amount to the court instead of directly to the judgment creditor.
- Notification to Creditor:
- When the debtor pays the court, the court will notify the judgment creditor by mail, allowing the creditor to arrange for a check to be sent to them.
- Importance of Current Address:
- It is crucial for all judgment creditors to keep the court informed of their current mailing address.
- If the court receives a payment on a judgment but does not have the creditor's current address, it cannot notify the creditor of the payment, and the creditor may not receive their funds.
Let Squabble Help You With Your Claim at Ventura 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 Ventura 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:
800 South Victoria Avenue
Ventura, California 93009
(805) 289-8900\
MAILING ADDRESS
P.O. Box 6489
Ventura, California 93006-6489
http://www.ventura.courts.ca.gov/
BUILDING HOURS
- Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.
4353 E. Vineyard Avenue
Oxnard, California 93036
(805) 981-5521\
MAILING ADDRESS
4353 E. Vineyard Avenue
Oxnard, California 93036
https://venturaprobation.org/facilities/juvenile-facilities/
BUILDING HOURS
- Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.
3855-F Alamo Street
Simi Valley, California 93063
(805) 289-8900\
MAILING ADDRESS
P.O. Box 6489
Ventura, California 93006-6489
http://www.ventura.courts.ca.gov/locations.html
BUILDING HOURS
- Monday - Friday 12:15 a.m. to 5:30 p.m., except court holidays.