Small Claims Court in El Dorado County

In El Dorado County, CA small claims cases are filed in the Small Claim Court. El Dorado County has two 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 El Dorado Court System.

Small Claims Court

Step-by-Step Process for Filing a Small Claims Action in El Dorado County

1. Verbal or Written Request for Payment
   • Initial Demand: The first step in the process is to attempt to resolve the issue directly with the defendant by making a verbal or written request for payment.
     • Verbal Request: If you start with a verbal demand, it’s important to follow up with a written letter to formalize the request and create a record.
     • Written Request: This letter should clearly outline the amount owed, the reason for the payment request, and the deadline for payment.
2. Establish Jurisdiction
   • To file a claim in El Dorado County Small Claims Court, one of the following conditions must be met:
     • Incident Location: The action (dispute or event) must have occurred in El Dorado County, or
     • Defendant’s Residence or Business: The defendant’s principal place of business or residence must be within El Dorado County.
3. Maximum Claim Limit
   • The maximum amount you can claim in Small Claims Court in El Dorado County is $12,500. This means you can file a claim for amounts up to $12,500, but no higher.
4. Limit on Filings Over $2,500
   • As a plaintiff, you are limited to filing only two small claims cases involving amounts greater than $2,500 per year.
     • This restriction is designed to ensure fairness and limit excessive use of the court system.

Next Steps for Filing the Claim:

• Complete the necessary paperwork (such as the Plaintiff’s Claim and Order to Go to Small Claims Court form).
• Pay the filing fee based on the amount of your claim.
• Serve the defendant with the court papers to officially notify them about the case.
• Attend the hearing to present your evidence and make your case to the judge.

Filing Fees and Submission Guidelines

Filing Fees

The cost to file a small claims case depends on how much you're claiming and how many claims you've filed in the past year:

• If your claim is $1,500 or less, the filing fee is $30.
• If your claim is more than $1,500 but no more than $5,000, the filing fee is $50.
• If your claim is more than $5,000 but no more than $12,500(only allowed for individuals), the filing fee is $75.
• If you’ve filed more than 12 small claims cases in California in the past 12 months, the filing fee is $100, regardless of the claim amount.
• Note: Only individuals (not businesses) may file claims over $5,000 in Small Claims Court.

Document Submission Guidelines

• You must submit the original claim form and at least two copies.
• If you're filing by mail, include a self-addressed stamped envelope so the court can return your stamped documents.
• All documents must be stapled in the upper left-hand corner and assembled properly before submission.

Certified Mail Service Option

• If you would like the Court to serve the defendant by certified mail, there is an additional fee of $15.00 per defendant.
• This is optional. You can also arrange service through the sheriff, a registered process server, or any adult who is not part of the case.

Types of Cases

Here are some of the most frequent issues resolved in Small Claims Court:

• Car Accidents
  • If you're in an accident and the other party won't cover the damages, you can file a claim to recover costs such as vehicle repairs, medical bills, towing fees, rental car expenses, and even lost wages.
• Property Damage
  • If someone damages your property—like a broken fence, cracked window, or ruined appliance—and refuses to pay, you can file a claim to recover the cost of repairs or replacement.
• Security Deposit Disputes (Landlord-Tenant)
  • Landlords who withhold a security deposit unfairly can be taken to small claims court. Bring evidence such as the lease agreement, correspondence with the landlord, and before-and-after photos to support your case.
• Collection of Unpaid Debts
  • If someone owes you money—whether from a personal loan, unpaid service, or shared expense—and won’t pay, you can sue to recover what you’re owed. Bring records like receipts, text messages, or written agreements to back up your claim.

These types of cases are well-suited for Small Claims Court because they typically involve clear disputes and relatively modest amounts of money.

After You File a Claim

After you file a Small Claims case in El Dorado County, the court will schedule your hearing—typically within 60 to 70 days. This time allows for paperwork processing, notifying the other party, and placing your case on the court calendar.

Instead of just waiting, take this opportunity to prepare thoroughly. Here’s how:

1. Gather Your Evidence
   • Start collecting documents and materials that support your claim. This evidence should clearly show why you’re right and help the judge understand your position. Examples include:
     • Receipts for purchases or payments
     • Repair estimates or bills
     • Medical records or expenses (if claiming injury-related costs)
     • Photos or videos of damage or incidents
     • Contracts or written agreements
     • Text messages, emails, or letters about the dispute
2. Organize Your Documents
   • Once gathered, sort your materials in a logical order that tells your story clearly. Group similar items together and label everything. Bring three copiesof each item:
     • One for you
     • One for the judge
     • One for the other party

Being organized shows you’re serious and makes it easier for the judge to follow your case.

3. Prepare for the Hearing
   • When your court date arrives, you’ll need to present your case clearly and respectfully. Expect to answer questions and stick to the facts. To prepare:
     • Write a short outline of your main points
     • Practice explaining your case aloud
     • Stay calm and polite, even if things get tense

Venue in Small Claims Court

What is Venue?

Venue refers to the correct court location or judicial district where your Small Claims case must be filed. It ensures the court has the authority to hear the case and that it’s fair for all parties involved.

Why Venue Matters

• Ensures the court has proper jurisdiction
• Helps avoid delays or dismissal of your case
• Provides fair notice and access for 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 conducts regular business
• Property Damage or Accidents: File where the event occurred
• Contract Disputes: File where the contract was signed or where it was carried out
• Suing a Corporation: File where the business operates or where the contract was signed
• Retail Installment Sales (e.g., car purchases): File where the goods are located, the contract was signed, or where the defendant lives

Special Note on Multiple Defendants

• If you're suing more than one person or business, the venue must be correct for each defendant—otherwise, the court may dismiss or delay your case.

Notifying the Defendant of the Claim

Before the Court can make any decisions that affect a defendant, it must first have jurisdiction over that person. This means the defendant must be properly notified of the lawsuit and given a fair chance to respond. This process is known as due process, a constitutional right that ensures no one’s rights, property, or liberty are taken away without notice and an opportunity to be heard. To meet this requirement:

• The court papers must be served on the defendant, either:
  • By personal delivery, or
  • By certified mail, if sent by the Court.
• Proper service is essential. If it's not done correctly, the case could be delayed or dismissed. That’s because the rules for notifying a defendant must be followed exactly—this is not just a formality, but a legal requirement designed to protect everyone’s rights.

What Is Service of Process?

• Service of process means officially delivering court papers to the defendant so they are aware of the case and have a chance to respond. You cannot serve the papers yourself—they must be served by a non-party adult (18+), a professional process server, or in some cases, the Sheriff’s Department (for a fee).

Approved Methods of Service

1. Personal Service
   • A non-party personally hands the court papers to the defendant.
   • This is the fastest and most straightforward method.
2. Substituted Service
   • If the defendant isn’t available:
     • Serve someone in charge at their workplace, or
     • Serve a responsible adult (18+) at their home.
   • The server must tell the person what the papers are about.
   • You must also mail a copy (first class) to the same address.
   • Service is not complete until 10 days after the mailing.
3. Certified Mail (Court Clerk Only)
   • Only allowed in Small Claims Court.
   • Ask the Clerk of the Court to send the papers by certified mail.
   • There is a $15 fee per defendant.
   • You must check with the court to confirm whether the certified mail receipt was returned.
   • Only the Clerk can serve this way—not you.

Proof of Service Requirements

• The person who serves the papers must complete Proof of Service (Form SC-104).
• File this proof with the court at least 5 days before the hearing.
• If proof is missing, your case could be continued or dismissed.
• If dropped, you’ll have to ask the court to reschedule.

Timing Rules for Service

• Defendant in the same county: Serve at least 15 days before the hearing.
• Defendant outside the county: Serve at least 20 days before the hearing.
• Substituted or Certified Mail: Add 10 extra days to these timeframes.

Preparing for Trial

• You can represent yourself or get legal advice before the hearing.
• The Small Claims Advisor can also help explain the process and laws that apply to your situation.

Do Some Legal Research

• Even though Small Claims Court is informal, understanding the legal theory behind your case can help.
• Visit the El Dorado County Law Library at 550 Main Street in Placerville for helpful resources and books.
• Presenting your case clearly and focusing on the key elements improves your chances of success.

Bring Enough Copies of Your Evidence

• The judge and the other party must see everything you plan to present.
• Make three copies of each document: one for you, one for the other party, and one for the judge.
• This keeps the hearing running smoothly and avoids delays.

Be on Time and Be Prepared

• Show up early for your trial.
• Bring:
  • Receipts, documents, and photos
  • Witnesses (who can speak firsthand about what happened)
  • Any other evidence that supports your case

Need Witnesses or Documents?

• If a witness won’t come voluntarily, ask the Court Clerk to issue a subpoena (a court order requiring their appearance). Witnesses may request a fee for attending.
• If you need documents from someone else, ask for a subpoena duces tecum, which orders those documents to be brought to court.

Tips for Court Presentation

• Many cases are heard at the same time, so you'll have limited time to speak.
• Keep your explanation clear and concise.
• Before showing the judge anything (photos, documents, diagrams), you must first show it to the other party.
• If you can, observe another small claims hearing ahead of time in the same courtroom to understand how things work and how to be organized.

What to Expect in the Courtroom

• You must present your own case directly to the judge.
• You cannot bring an attorney, paralegal, or legal advisor to represent you.
• Do not interrupt anyone who is speaking. Every party and witness will have a chance to talk.
• Exchange documents with the other party before the hearing starts. If you only brought one copy, they are still entitled to review it before court begins.
• Remain silent once court is in session. No side conversations or talking is allowed while the judge is hearing cases.
• Children are not allowed in the courtroom. Please arrange for child care ahead of time.

Dress Code & Professionalism

• Dress appropriately in professional business attire, as if attending a job interview.
• The Court enforces a dress code, and you may not be allowed to appear if dressed inappropriately.

Know the Rules

• Review the Local Rules of Court for Small Claims before your hearing.
  • You can find them on the Court’s website.
  • Or get a printed copy at the clerk’s office (for a small fee).

Appeal

Plaintiff (The Person Who Filed the Case)

• Appeal Limitations: 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)

• Right to Appeal: If you're the defendant and you lose, you can appeal the judgment. This allows for a new hearing before a different judge, who will review your case again.

Missed Your Hearing?

• Missing the hearing doesn’t automatically give you the right to appeal. 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:
   • The appeal must be filed within 30 days of receiving the Notice of Entry of Judgment.
3. Pay the Appeal Fee:
   • The filing fee for an appeal 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:
  • A "trial de novo" (completely new hearing) is scheduled, 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 your evidence and arguments again.

Key Differences During an Appeal Hearing

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

Statute of Limitations

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 you’re unsure, file your claim within the allowed time frame. The judge will decide if the statute has expired, but waiting too long may cause you to lose the right to pursue your case. It’s better to file and let the court determine the deadline.

Court

In Small Claims Court, you are typically required to represent yourself, as 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.
     • Note: Non-partner employees or representatives cannot attend for the partnership.
   • Corporations:
     • Rule: A corporate officer, director, or employee can represent the corporation.
     • Note: 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

1. 30-Day Appeal Period
   • No Collection During Appeal: You can’t collect the debt until the appeal period (30 days) ends. If the appeal is filed, wait until it’s resolved.
2. Judgment Enforcement Timeline
   • Enforceable for 10 Years: A judgment lasts 10 years, and you can renew it for another 10 years. After the first renewal, wait 5 years before renewing again.
3. Judgment Debtor’s Statement of Assets (Form SC-133)
   • Debtor’s Obligation: If the debtor doesn’t pay or appeal, they must submit Form SC-133 detailing their assets and income.
4. What If the Debtor Refuses Information?
   • Court Assistance: You can request the court to force the debtor to submit the SC-133 form or schedule a debtor’s examination to gather information.
5. Tracking Renewals and Deadlines
   • Monitor Dates: Keep track of the appeal period and renewal deadlines to avoid missing enforcement opportunities.

Final Tip: Persistence Pays Off

Collection Takes Time: Enforcing a judgment can be slow, but staying patient and using tools like wage garnishments or bank levies increases your chances of success.

Let Squabble Help You With Your Claim at El Dorado 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 El Dorado 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:

Cameron Park Branch

2927 Meder Road
Cameron Park, CA 95682
(530) 621-5047

https://www.eldorado.courts.ca.gov/location/cameron-park-branch

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 3:30 p.m., except court holidays.

South Lake Tahoe Branch

1354 Johnson Blvd.
South Lake Tahoe, CA 96150
(530) 573-3075

https://www.eldorado.courts.ca.gov/location/south-lake-tahoe-branch

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 3:30 p.m., except court holidays.

CITIES SERVED

• El Dorado Hills
• South Lake Tahoe
• Cameron Park
• Diamond Springs
• Placerville
• Pollock Pines
• Auburn Lake Trails
• Shingle Springs
• Meyers
• Georgetown
• Camino
• Grizzly Flats
• Tahoma
• Cold Springs
• Coloma