Small Claims Court in Butte County

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

Small Claims Court

Who’s Who in Small Claims Court:

• Plaintiff: The person filing the case (you, if you are suing someone).
• Defendant: The person being sued (the person or entity you want to hold accountable).

Do I Need a Lawyer?

• Self-Representation: In Small Claims Court, you must represent yourself. Lawyers cannot speak on your behalf during the hearing. However, you can consult a lawyer for advice beforehand.
• Goal: The court aims to make the process more accessible, allowing individuals to resolve disputes without needing attorneys.

How Much Can You Sue For?

• Maximum for Individuals: You can sue for up to $12,500 if you're suing an individual.
• Claims Over $12,500: If your claim exceeds this amount, you have two options:
  • File a Limited Civil Case: For claims over $12,500, you can pursue the full amount in a regular court.
  • File in Small Claims Court: You can file in Small Claims Court but must waive any amount above $12,500.

How Often Can You File a Claim?

• Unlimited Claims: You can file as many Small Claims cases as needed during the year.
• Limit on Claims Over $2,500: For claims over $2,500, you can only file two such claims per calendar year.

Why Choose Small Claims Court?

• Small Claims Court is a quick, cost-effective, and user-friendly way to resolve disputes. It simplifies the legal process and is a great option for individuals seeking justice without the complexity and high costs of a full court trial.

Before you file a Claim

What to Know Before Filing a Small Claims Case

1. Age Requirement
   • You must be at least 18 years old to file a case on your own.
   • If you're under 18, a guardian ad litem (usually a parent or responsible adult) must file and appear on your behalf.
2. Demand Requirement
   • You must first try to resolve the issue directly with the other party before filing.
   • This can be done through:
     • A conversation
     • A written demand letter
     • A formal request for payment or action
   • If your attempt is ignored or denied, you can then file the claim.
3. Ownership of the Claim
   • Only the person or business who owns the claim can file in Small Claims Court.
   • You cannot sue on someone else’s behalf or for a claim that was transferred or gifted to you—unless it meets specific legal conditions.
4. Appearance Requirement
   • You must represent yourself in Small Claims Court; attorneys are not allowed to appear for you at the hearing.
   • Individuals must appear in person.
   • Businesses must send:
     • A corporate officer, director, or
     • A regular employee who is familiar with the case.
   • If you fail to appear, the court may dismiss your case or rule against you.
5. Claims Involving Property (Not Just Money)
   • If you're asking for the return of personal property, you must first request its return before filing.
   • It's best to document this request in writing.
   • If the other party refuses or ignores the request, you can proceed with filing a claim.

Types of Cases

Common Types of Small Claims Cases

1. Car Accidents
   • If you're involved in an accident and the other party won’t pay for the damages, you can seek compensation for repair costs, medical bills, and other out-of-pocket expenses such as towing, rental car fees, or lost wages.
2. Property Damage
   • You can file a claim if someone damages your property and refuses to pay for repairs or replacement. This includes things like broken windows, damaged fences, dented appliances, or destruction to landscaping.
3. Security Deposit Disputes (Landlord-Tenant)
   • This is one of the most common types of small claims cases. You may file a claim if your landlord refuses to return your deposit or makes deductions without a valid reason. To support your case, bring documentation such as your lease agreement, move-in and move-out photos, and any written communication with your landlord.
4. Collection of Unpaid Debts
   • If someone owes you money and refuses to pay, Small Claims Court provides a practical way to recover the debt. This includes unpaid personal loans, money owed for services you provided, or reimbursement for shared expenses like rent or utilities.

After You File a Claim

Preparing for Your Small Claims Hearing in Marin County

After you file a Small Claims case in Butte County, the court will assign a hearing date—usually about 60 to 70 days from when you file. This waiting period allows time for the court to process your paperwork, notify the other party, and schedule your case for review.

Instead of waiting passively, use this time to prepare and build a strong case. Here’s how to make the most of it:

1. Gather Your Evidence
   • Start collecting all documents and materials that support your side of the story. Your goal is to present clear, convincing proof to the judge. Useful evidence may include:
   • Receipts for purchases or services
   • Repair estimates or invoices
   • Medical bills (if you’re claiming injury-related costs)
   • Photos or videos showing damages or incidents
   • Contracts, signed agreements, or related paperwork
   • Text messages, emails, or letters relevant to the dispute
2. Organize Your Documents
   • Once you have all your materials, organize them in a logical way that tells your story clearly. Group similar documents together, label them for easy reference, and bring at least three copies—one for yourself, one for the judge, and one for the other party.
   • A well-organized presentation not only helps the judge understand your case but also shows that you’re taking the matter seriously.
3. Prepare for the Hearing
   • On your hearing day, you'll need to explain your side calmly and clearly. Be prepared to respond to questions and avoid letting emotions take over.
   • Here are some tips to help you get ready:
     • Write a brief outline of what you plan to say
     • Practice explaining your case out loud
     • Remain respectful, even if the other party challenges your statements
   • The more prepared and organized you are, the more confident and persuasive you'll be when it's your turn to speak in court.

Plaintiff

1. Try to Resolve First
   • Before filing, try to settle the issue directly through conversation or a written request. If that fails, consider mediation—it’s often free or low-cost and can save time.
2. Know the Rules
   • Claim Limit: Up to $12,500 (individuals in CA)
   • Common Cases: Unpaid loans, property damage, deposit disputes, etc.
   • Time Limits: Check the statute of limitations for your case type
   • Court Process: Learn how hearings work and what’s expected
3. File Your Case
   • Fill out Form SC-100
   • Filing fee: $30–$100 based on claim amount
   • File in person, by mail, or online(if your county allows)
4. Serve the Defendant
   • Must be done 15–20 days before the hearing
   • Use a sheriff, process server, or non-involved adult over 18
   • File Proof of Service (Form SC-104) with the court
5. Prepare for Court
   • Gather and organize evidence (receipts, contracts, photos, texts)
   • Bring three copies of each document
   • Prepare your statement and anticipate counterarguments
   • Arrange for any witnesses
6. Keep Talking
   • You can still settle after filing. If you do, notify the court—you might not need to attend the hearing.
7. Attend the Hearing
   • Show up early, dress appropriately, and stay respectful
   • Present your case clearly and stick to the facts
   • Judge may rule in court or mail a decision later

Defendant

1. Try to Resolve the Dispute
   • Contact the plaintiff to discuss settlement.
   • If needed, use free or low-cost mediation services offered in San Luis Obispo County.
2. Understand the Claim
   • Read the Plaintiff’s Claim (Form SC-100) carefully.
   • Know the claim limit ($12,500 for individuals) and prepare for how court works.
3. Consider Filing a Counterclaim
   • If you believe the plaintiff owes you money, file a Defendant’s Claim (Form SC-120) before the hearing.
   • Your claim must be within the court’s monetary limits.
4. Prepare Your Case
   • Collect and organize documents: contracts, receipts, messages, photos, etc.
   • Prepare witnesses if needed.
   • Make at least three copies of everything (for you, the judge, and the plaintiff).
5. Stay Open to Settlement
   • You can still settle after being served.
   • If an agreement is reached, notify the court—you may cancel or dismiss the case.
6. If You Owe Money
   • Consider paying before court and bring proof.
   • If full payment isn’t possible, offer a written payment plan.
7. Request a Continuance (If Needed)
   • Submit a written request early if you need to reschedule.
   • Reasons can include needing more time to prepare, arrange childcare, or find a translator.
8. Avoid a Judgment
   • Settling before court can prevent a judgment that may hurt your credit or lead to wage garnishment or liens.
9. Attend Your Hearing
   • Arrive early, dress neatly, and bring all materials.
   • Be respectful and focus on facts when speaking to the judge.

Where to File

Venue refers to the correct court location or judicial district where your Small Claims case must be filed. It ensures the court has legal authority to hear the case and that it's fair for both sides.

Why Venue Matters

• Ensures proper jurisdiction
• Avoids delays or dismissal
• Gives fair notice to the defendant

How to Choose the Right Venue

• Suing an Individual: File where the person lives.
• Suing a Business: File where the business is located or operates.
• Property Damage or Accidents: File where the event happened.
• Contract Disputes: File where the contract was signed or performed.
• Suing a Corporation: File where it does business or where the contract was signed.
• Retail Installment Sales (e.g., car purchases): File where the contract was signed, the goods are located, or the defendant lives.

Special Note on Multiple Defendants

• The venue must be proper for each person or business you're suing—otherwise, the case could be dismissed.

Notifying the Defendant of the Claim

What Is Service of Process?

• Service of process is how you legally notify the defendant that you've filed a lawsuit.
  • You can’t serve the papers yourself.
  • Improper service can delay or dismiss your case.

Four Approved Ways to Serve the Defendant

1. Law Officer (Sheriff):
   • Sheriff personally delivers documents.
   • Fee usually required.
2. Process Server:
   • A professional adult (18+) delivers papers.
   • Faster but more expensive than sheriff.
3. Certified Mail (by Court Clerk):
   • Mailed by the court via certified mail.
   • Must get a signed return receipt.
4. Substituted Service:
   • Papers given to someone at the defendant’s home/work.
   • Must also mail a copy. Strict rules apply—check with the court.

Service Deadlines

• Same county: Serve 10+ days before the hearing.
• Different county: Serve 15+ days before the hearing.

Don’t Forget: File Proof of Service

• Use Form SC-104.
• This confirms the defendant was served and allows your case to proceed.

Cost

Filing Fees Based on Your Claim and Filing History

If You've Filed 12 or Fewer Claims in the Last Year:

• Claims ≤ $1,500: Filing fee is $30.
• Claims > $1,500 but ≤ $5,000: Filing fee is $50.
• Claims > $5,000: Filing fee is $75.

If You've Filed More Than 12 Claims in the Last Year:

• Claims ≤ $5,000: Filing fee is $75.
• Claims > $5,000: Filing fee is $100.

Fee Waivers:

• If you can't afford the fee, you may be eligible for a fee waiver.
• To apply, submit the fee waiver request form and the court will assess your financial situation.

Hearing

To win a small claims case, presenting the right evidence is crucial. Here's a guide on key types of evidence you should gather and tips for presenting them effectively:

1. Witnesses
   • What to do: Bring anyone who directly witnessed the event or has relevant personal knowledge.
   • Why it’s important: Firsthand testimony adds credibility and strengthens your case.
   • Tips: Ensure your witness is reliable, articulate, and clear about what they observed.
2. Photos
   • What to do: Bring clear, dated photos that document things like property damage, injuries, product defects, or rental conditions.
   • Why it’s important: Photos often tell a compelling story and provide visual evidence of your claims.
   • Tips: Print and label the photos for easy reference during the hearing.
3. Bills and Receipts
   • What to do: Provide all relevant receipts, invoices, or bills to show any financial loss or expenses.
   • Why it’s important: These documents prove the exact amount spent, when payments were made, and the nature of goods/services involved.
   • Tips: Bring the originals and extra copies for the judge and defendant.
4. Contracts
   • What to do: Bring any relevant contracts, like leases, service agreements, or bills of sale.
   • Why it’s important: A signed contract lays out the terms, responsibilities, and agreements between parties.
   • Tips: Make sure the contract is signed, dated, and bring a copy for everyone involved.
5. Other Relevant Documents
   • What to do: Include supporting communications like emails, text messages, or written notes.
   • Why it’s important: These can show attempts to resolve the issue or document key interactions.
   • Tips: Organize emails, texts, and notes chronologically for clarity.

Tips for Presenting Evidence Effectively:

• Organize documents logically (chronologically works well).
• Bring copies for yourself, the judge, and the other party.
• *Highlight key points with tabs or sticky notes for easy reference.
• Practice explaining your evidence clearly and confidently, linking each item directly to your case.

After the Hearing

Who Will Hear Your Case?

Most small claims cases are heard by a judge, but depending on the court’s schedule and resources, your case could be assigned to one of the following:

• Commissioner: A judicial officer who performs similar duties to a judge.
• Temporary Judge (Judge Pro Tem): An experienced attorney who volunteers to help manage the court’s caseload. Temporary judges have the same legal authority as regular judges, and their rulings are binding.

If you prefer a regular judge, you can request one. However, this might result in your case being rescheduled, which could mean a longer wait.

How the Hearing Works

1. Presentation of Cases:
   • Each side will present their case, including speaking, presenting evidence, and calling witnesses.
2. Judge's Questions:
   • The judge may ask questions. Be ready to respond clearly, stick to the facts, and remain respectful.
3. Judge's Decision:
   • After hearing both sides, the judge may:
     • Announce the decision immediately, or
     • Take the case under advisement and mail the decision later

Tips for a Smooth Hearing

• Arrive early and ensure all your documents are ready.
• Dress neatly and be respectful to everyone in the courtroom.
• Organize your evidence and be prepared to explain how it - supports your case or defense.
• Practice what you plan to say to present your case confidently and clearly.

Most small claims cases are heard by a judge, but depending on the court’s schedule and resources, your case might be assigned to one of the following:

• Commissioner: A judicial officer who performs similar duties to a judge.
• Temporary Judge (Judge Pro Tem): Typically an experienced attorney who volunteers to help ease the court’s caseload.
  • Important to know: Temporary judges have the same legal authority as regular judges. Their rulings are binding and carry the same weight.

If you prefer a regular judge, you can make that request. Just keep in mind that:

• Your case may need to be rescheduled, which could lead to a longer wait before your hearing is held.

Appeal

• Plaintiff (The Person Who Filed the Case):
  • If you're the plaintiff and the judge rules against you, you cannot appeal the decision. The judgment is final for you.
• Defendant (The Person Being Sued):
  • If you're the defendant and you lose, you can appeal the judgment, which allows for a new hearing before a different judge who will review your case.

Missed Your Hearing?

• Missing the hearing doesn't allow you to appeal automatically. However, you can request the court to vacate (cancel) the judgment and schedule a new hearing if you have a valid reason (e.g., not being properly notified).

How to File an Appeal

1. Submit a Notice of Appeal (Form SC-140):
   • Available at the courthouse or online.
2. File Within 30 Days:
   • Your appeal must be filed within 30 days of receiving the Notice of Entry of Judgment.
3. Pay the Appeal Fee:
   • The filing fee is $75.
4. File in Person or by Mail:
   • Submit your appeal either in person at the courthouse or by mail, ensuring you meet the 30-day deadline.

What Happens After You File an Appeal?

• New Hearing Scheduled:
  • The court will schedule a "trial de novo" (a completely new hearing), where the case is reviewed from the beginning without reference to the original judgment.
• Present Your Case Again:
  • You’ll have the chance to present evidence and arguments again, as in the original hearing.

Key Differences During an Appeal Hearing

• Legal Representation Allowed:
  • Unlike the original hearing, where neither party can have a lawyer, both sides can have attorneys during the appeal hearing.
• New Evidence and Arguments:
  • The appeal judge may allow new evidence or arguments that weren’t presented at the initial hearing, giving you a chance to strengthen your case.

Final Tips

• Prepare thoroughly for the appeal hearing. It’s your chance to correct mistakes or weaknesses from the original case.
• Be sure to submit your appeal on time and follow all court rules.
• Appeals are not a chance to retry the case from scratch but to correct errors or present new, important evidence.

Statute of Limitations

Common Time Limits for Different Types of Claims

1. Personal Injury
   • Time Limit: 2 years from the date of injury.
   • Example: For a car accident, you must file a claim within two years of the accident.
2. Verbal (Spoken) Agreement
   • Time Limit: 2 years from the date the agreement was broken.
   • Example: If someone doesn't honor a verbal agreement, you have two years to file after the breach.
3. Written Agreement
   • Time Limit: 4 years from the date the agreement was broken.
   • Example: If there's a breach of a written contract (e.g., rental or service agreement), you have four years to file your claim.
4. Property Damage
   • Time Limit: 3 years from the date of the damage.
   • Example: For property damage (e.g., to your car or home), you have three years to file.
5. Fraud
   • Time Limit: 3 years from when you discovered the fraud or should have discovered it.
   • Example: If you're deceived or misled, the clock starts when you realize or should have realized the fraud.
6. Suing a Government Agency
   • Time Limit: 6 months to file a claim with the agency before going to court.
   • Process: You must file with the government agency within 6 months of the incident. If denied or no response within 45 days, you have another 6 months to file in Small Claims Court.

What Happens If You Miss the Deadline?

• Dismissal of Case: If you file your claim after the statute of limitations has expired, the court will likely dismiss it.
• Start of the Clock: The statute of limitations begins as soon as the incident happens (or when you discover the issue).

What Should You Do If You're Not Sure About the Deadline?

• File Anyway: If unsure, file your claim within the allowed time frame. The judge will decide if the statute has expired, but waiting too long means you might lose the right to pursue your case. It's better to file and let the court determine the deadline.

Court

Representation in Small Claims Court: Exceptions and Rules

In Small Claims Court, you are generally required to represent yourself. Lawyers are not allowed to argue your case except in appeals. However, there are exceptions where someone else may represent you:

1. Active Military Duty
   • Who Can Represent You: If you're in the military and stationed away for more than six months, you may have someone represent you.
   • What You’ll Need:
     • Form SC-109: Authorization to Appear (Small Claims)
     • This form must be filed with the court to authorize your representative to appear on your behalf.
2. Business Representation
   • Sole Proprietors:
     • General Rule: You must appear yourself.
     • Exception: A regular employee can represent you if the case relies on business records (e.g., invoices, contracts, or account statements). The employee must have direct knowledge of the case.
   • Partnerships:
     • Rule: One of the partners must appear in court.
     • Non-partner employees or representatives cannot attend for the partnership.
   • Corporations:
     • Rule: A corporate officer, director, or employee can represent the corporation.
     • The representative must be an official or employee of the company—not someone hired just for the hearing.

Collect

Key Tools to Help Collect Your Judgment

1. Wage Garnishment
   • How It Works: You can request the court to order the debtor's employer to withhold a portion of their wages, which will be sent directly to you.
   • Duration: The garnishment continues until the debt is paid off or the court orders otherwise.
2. Bank Levy
   • How It Works: A bank levy allows you to freeze and seize funds from the debtor's bank account.
   • Process: This involves coordination with the sheriff's department and the debtor’s financial institution.
3. Property Lien
   • How It Works: You can place a lien on the debtor’s real property (such as their home or land).
   • Effect: While it doesn't guarantee immediate payment, it prevents the debtor from selling or refinancing the property without settling the debt first.

Important Considerations Before You Start

1. Debtor’s Financial Situation
   • Effectiveness: If the debtor has no income or assets, collection efforts may not succeed. You may have to wait or decide not to pursue further collection.
2. Payment Plans
   • Options: Some debtors may agree to pay in installments. If you accept, ensure the terms are in writing (including amounts and due dates).
3. Time and Cost
   • Considerations: Collection efforts can be time-consuming and expensive. Assess whether it’s worth pursuing, especially for smaller amounts.
4. Avoiding Payment
   • Challenges: Debtors may try to hide assets or avoid payment. You can request a debtor’s examination, which forces the debtor to disclose their financial situation.
   • Professional Help: Hiring a debt collection expert can assist if needed.
5. Set Realistic Expectations
   • Outcomes: There's no guarantee of success. Some debtors may resist paying or lack the means to pay. Consider the time, effort, and costs before proceeding.

Next Steps for Collecting Your Judgment

1. Obtain a Certified Copy of Your Judgment
   • Action: Get an official copy of the judgment from the court, which is necessary to begin the collection process
2. Research Collection Options
   • Choices: Evaluate methods such as wage garnishment, bank levy, or property liens to determine the best course of action for your situation.
3. File the Necessary Forms
   • Process: Depending on the collection method, file the required forms with the court and coordinate with law enforcement or the court system.
4. Keep Records
   • Documentation: Maintain detailed records of payments, communications with the debtor, and all actions taken to collect the judgment.

Enforcement of the judgment

Key Timelines and Steps for Enforcing a Judgment

• 30-Day Appeal Period
  • No Collection During Appeal: Once the judgment is entered, the debtor has 30 days to file an appeal. During this period, you cannot begin collecting the debt.
  • If an Appeal is Filed: You must wait until the appeal process is concluded before you can move forward with any collection efforts. If the appeal is denied, you can then continue with enforcement.
• Judgment Enforcement Timeline
  • Enforceable for 10 Years: A judgment remains enforceable for 10 years from the date it is entered. This gives you up to a decade to pursue collection.
  • Renewing the Judgment: You can renew the judgment for another 10 years before it expires. After the first renewal, you must wait 5 years before you can renew it again.
• Judgment Debtor’s Statement of Assets (Form SC-133)
  • Debtor’s Obligation: If the debtor doesn’t file an appeal, motion to vacate, or voluntarily pay, they are required to complete and submit Form SC-133 (Judgment Debtor’s Statement of Assets).
  • Purpose: The form provides important information about the debtor's income, assets, and bank accounts, which helps you determine the best method for enforcing the judgment (e.g., wage garnishment or bank levies).
• What If the Debtor Refuses to Provide Information?
  • Court Assistance: If the debtor refuses to complete the SC-133 form, you can request the court to compel them to submit the form.
  • Debtor’s Examination: You can schedule a debtor’s examination, a court-ordered hearing where the debtor must appear and answer questions about their financial situation. This is a crucial step in gathering the necessary information for enforcement.
• Tracking Renewals and Deadlines
  • Keep Track of Dates: It’s essential to monitor the 30-day appeal period and the judgment renewal deadlines. Missing these dates could prevent you from extending the judgment or taking enforcement actions.

Final Tip: Persistence and Patience in Collection

• Enforcing a judgment can be a lengthy process, especially if the debtor has limited assets or attempts to avoid paying. However, by staying diligent about tracking deadlines and utilizing the available enforcement tools (like wage garnishments, bank levies, or property liens), you increase your chances of successfully recovering the debt. Persistence and patience are crucial for effectively enforcing your judgment.

Courthouse Locations:

Butte County Superior Court, North Butte County Courthouse

1775 Concord Avenue
Chico, CA 95928
(530) 532‑7009

https://www.butte.courts.ca.gov/small-claims

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 4:00 p.m., except court holidays.

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Let Squabble Help You With Your Claim at Butte 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 Butte 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.