Small Claims Court in Imperial County

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

Small Claims Court

Purpose

Small claims court provides a simple, quick, and affordable way to resolve disputes without the complexities of regular court proceedings.

Who’s Who

• Plaintiff: The person filing the case.
• Defendant: The person being sued.

Do I Need a Lawyer?

• You can consult with a lawyer for advice before your hearing.
• However, during the court hearing, you must represent yourself as lawyers are not allowed to speak for you.

How Much Can You Sue For?

• Individual Claims: The maximum you can sue for is $12,500.
• Claims Above $12,500:
  1. File a limited civil case to pursue the full amount.
  2. File in small claims court, but you’ll forfeit any amount above $12,500.

How Often Can You File?

• You can file as many small claims cases as you wish, but you're limited to two claims over $2,500 per calendar year.

Before You File a Claim

Age Requirement

• You must be at least 18 years old to file a claim.
• If you're under 18, the court can appoint a guardian (like a parent or trusted adult) to represent you.

Demand Requirement

• You must first attempt to resolve the issue directly with the other party.
• This could be a conversation, written request, or other communication asking for payment or resolution.
• If the other party refuses or doesn’t respond, you can file your claim in court.

Ownership of the Claim

• Only the person or business that owns the claim can file in small claims court.
• You can’t sue on behalf of someone else or file claims you bought or were assigned, unless specifically allowed by law.

Appearance Requirement

• You must attend the hearing in person.
• Small claims court is designed for individuals to represent themselves, and the judge will expect you to speak on your behalf.

If a Business Is Filing

• A corporation must send an officer, director, or employee to court.
• Associations or other entities must send a knowledgeable employee to attend the hearing.

Claims Involving Property

• If your case involves reclaiming personal property, you must first ask the defendant to return the item before filing the claim.
• This step ensures fairness and gives the other party a chance to resolve the matter without legal action.

Common Types of Small Claims Cases

Small claims court is a fast, simple, and affordable way to settle disputes involving smaller amounts of money without needing a lawyer. Here are some common cases that are typically handled:

1. Car Accidents
   • If you're in a car accident caused by someone else and they refuse to pay for damages, you can file a claim to recover vehicle repair costs, medical expenses, or other related losses.
2. Property Damage
   • This includes cases like a broken window, damaged belongings, or harm to your home. If someone damages your property and doesn’t pay for repairs, you can file a claim for compensation.
3. Landlord-Tenant Security Deposit Disputes
   • One of the most common small claims issues, if a landlord withholds your security deposit unfairly, you can take the matter to court to get your money back.
4. Collection of Money Owed
   • If someone owes you money—whether for a personal loan, unpaid services, or a bill—you can file a claim to recover what’s owed, especially when the amount is too small to warrant hiring an attorney.

These cases generally involve claims under $12,500, which makes small claims court the ideal venue for resolving them efficiently.

After You File a Claim

After filing your case, the court in Santa Cruz County will schedule your hearing, typically within 60 to 70 days. This gives the court time to process paperwork and notify the other party.

Here’s how to make the most of the waiting period:

1. Gather Your Evidence Start collecting documents and materials that support your case. Examples include:
   • Receipts
   • Repair estimates
   • Medical bills
   • Photos or videos
   • Contracts or written agreements
   • Texts, emails, or messages
2. Organize Your Documents
   • Sort your evidence in a clear, logical order to make it easy to present to the judge. Well-organized materials make your case stronger and show the court you're prepared.
3. Prepare for the Hearing
   • On the day of your hearing, present your case clearly and respectfully. Focus on the facts, practice what you want to say, and be ready to answer questions from the judge. Being prepared will help you make a strong impression.

Plaintiff

1. Contact the Other Party
   • Try to resolve the issue directly with the defendant through a conversation or written request. If that doesn’t work, consider mediation.
2. Understand Court Rules
   • Know the claim limits (up to $12,500), types of cases allowed, and filing requirements. Be clear about the amount you're claiming.
3. File Your Claim
   • Complete Form SC-100 (Plaintiff’s Claim), pay the filing fee, and file any required business declarations.
4. Serve the Defendant
   • Legally serve the defendant with a copy of your claim using a process server or sheriff. Give at least 15-30 days’ notice before the hearing.
5. Prepare for the Hearing
   • Gather evidence (receipts, contracts, photos, etc.) and prepare witnesses. Anticipate the defendant’s arguments.
6. Keep Communication Open
   • Try to settle the issue before the hearing. If you reach an agreement, inform the court.
7. Attend the Hearing
   • Arrive early, bring documents, present your case clearly, and follow the judge's instructions. You’ll receive the judgment shortly after.

Defendant

1. Contact the Plaintiff
   • Try to resolve the dispute drectly with the plaintiff. If that doesn’t work, consider mediation. San Luis Obispo offers free/low-cost mediation services.
2. Understand the Process
   • Learn the claim limit (up to $12,500) and review the plaintiff’s claim (Form SC-100). Familiarize yourself with court rules and procedures.
3. Consider a Counterclaim
   • If you believe the plaintiff owes you, file a counterclaim (Form SC-120) before the hearing.
4. Prepare for the Hearing
   • Gather evidence (receipts, contracts, etc.) and line up witnesses to support your defense. Be ready to counter the plaintiff’s arguments.
5. Stay Open to Settlement
   • It’s not too late to settle outside of court. Try negotiating with the plaintiff to avoid the hearing.
6. If You Owe Money, Be Proactive
   • If you owe money, consider paying before the hearing or offering a payment plan with proof.
7. Request a Postponement
   • If you need more time, request a postponement in writing early enough for the court to consider it.
8. Avoid a Judgment
   • Try to settle before the hearing to prevent a judgment, which could affect your credit and result in collection actions.
9. Attend the Hearing
   • Arrive early, bring all documents, be respectful, and present your case clearly and truthfully.

Correct Venue for Your Small Claims Case

1. Suing an Individual
   • File in the district where the person lives.
2. Suing a Business
   • File in the district where the business operates or is located.
3. Property Damage or Accidents
   • File in the district where the incident (e.g., car accident) occurred.
4. Contract Disputes
   • File where the contract was signed or where it was carried out.
5. Suing a Corporation
   • File where the contract was signed or where the corporation does business (e.g., office location).
6. Installment Sales or Retail Contracts
   • File in the district where the defendant lives, where the contract was signed, or where the goods are kept.

Key Considerations

• Wrong Venue: If you file in the wrong place, your case may be dismissed—unless all defendants agree to keep it there.
• Multiple Defendants: Follow venue rules for each defendant.
• Why It Matters: Filing in the correct venue avoids delays and ensures the court has the proper authority to hear your case.

Notifying the Defendant

Notifying the defendant about your lawsuit is essential. Here's how to properly serve them:

1. Service by a Law Officer
   • What It Is: A sheriff or law officer delivers the court papers personally.
   • Cost: Typically a fee for this service.
2. Hiring a Process Server
   • What It Is: A professional process server (18+ and not involved in the case) delivers the documents.
   • Cost: Usually a fee, but faster and more reliable.
3. Certified Mail
   • What It Is: The court clerk sends the claim via certified mail.
   • Important: Make sure the defendant receives it—confirmed by a return receipt.
4. Substituted Service
   • What It Is: If the defendant can't be served directly, you can give the documents to someone at their home or work (e.g., a roommate or coworker).
   • Important: Strict rules must be followed.

Service Deadlines:

• Same County: Serve at least 10 days before the trial.
• Different County: Serve at least 15 days before the trial.

Tip: Double-check with the court to ensure the service is properly recorded, especially if you used certified mail. Proper service keeps your case on track!

Filing Fees

Your filing fee depends on the amount of your claim and how many claims you've filed in the past year.

If You’ve Filed 12 or Fewer Claims in the Last 12 Months:

• Claims of $1,500 or less: $30
• Claims over $1,500 but not more than $5,000: $50
• Claims over $5,000: $75

If You’ve Filed More Than 12 Claims in the Last 12 Months:

• Claims of $5,000 or less: $75
• Claims over $5,000: $100

Hearing

1. Witnesses
   • Bring anyone who witnessed relevant events or has firsthand knowledge. Their testimony can strengthen your case.
2. Photos
   • Photos are powerful in cases involving property damage or personal injury. Bring clear, dated photos to illustrate the situation.
3. Bills and Receipts
   • If you're proving financial loss, bring any bills, receipts, or invoices that show money spent, paid, or owed.
4. Contracts
   • If the dispute involves a written agreement (e.g., service contract, lease), bring the full contract to clarify terms and responsibilities.
5. Other Relevant Documents
   • Emails, text messages, letters, or other written communication can show attempts to resolve the issue or clarify timelines.

Tips for Presenting Evidence Effectively

• Organize: Bring copies of all documents, plus extras for the judge and the other party.
• Highlight: Use sticky notes or tabs to mark key points in your evidence.
• Practice: Be ready to explain how each piece of evidence supports your case clearly.

After the Hearing

Who Will Hear Your Case?

• Your case is typically heard by a judge, but sometimes a Commissioner or temporary judge (Judge Pro Tem) may preside. These are experienced attorneys who volunteer to help manage court cases and have the same authority as a regular judge.

Can You Request a Regular Judge?

• Yes, you can request a regular judge, but it might delay your hearing, as your case could need to be rescheduled.

How the Hearing Works

• Presenting Your Case:
  • The judge will listen to both parties, allowing each side to present evidence, call witnesses, and explain their position.
• The Judge’s Decision:
  • Immediate Decision: The judge might give a decision right after the hearing.
  • Taking the Case Under Advisement: The judge may take time to review the case and mail a decision later.

Appeal Process

Who Can Appeal a Small Claims Judgment?

• Plaintiff (The person who filed the case):
  • No right to appeal. If the judge rules against you, the decision is final.
• Defendant (The person being sued):
  • You can appeal if you lose. The case will be reviewed by a different judge at a new hearing, offering you another chance to present your side.

Missed Your Hearing?

• No appeal for missing the hearing. However, you may request the court to vacate the judgment and schedule a new hearing if you have a valid reason, such as 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 of receiving the Notice of Entry of Judgment.
3. Pay a $75 appeal fee.
4. File in person or by mail — make sure to meet the deadline.

What Happens After You File?

• New Hearing Scheduled: The court will schedule a "trial de novo" with a different judge. This means the case will be heard from scratch.
• Present Evidence Again: You’ll need to present your case again, as if the original hearing never happened.

Key Differences During an Appeal Hearing

• Legal Representation: Unlike in Small Claims court, both sides may have lawyers at the appeal hearing.
• New Evidence: The appeal judge may allow new information or evidence that wasn’t presented in the original hearing.

Statute of Limitations

Before filing a claim, it's crucial to ensure you're within the legal time limit, known as the statute of limitations. If you miss this deadline, the court may dismiss your case, even if your claim is valid. Here’s an overview of common time limits for different types of claims:

Common Time Limits for Different Claims

1. Personal Injury: 2 years from the date of injury (e.g., car accident).
2. Verbal (Spoken) Agreement: 2 years from the breach of the agreement.
3. Written Agreement: 4 years from the breach (e.g., contract violations).
4. Property Damage: 3 years from the date of damage (e.g., vandalism).
5. Fraud: 3 years from when you discover or should have discovered the fraud.
6. Suing a Government Agency:
   • 6 months to file with the agency.
   • If denied, you have another 6 months to file in Small Claims Court.

What Happens If You Miss the Deadline?

• If you miss the deadline, your case may be dismissed, even with strong evidence.

Not Sure About the Deadline?

• If unsure, it’s often worth filing your claim anyway. The judge will decide if it’s still valid, but waiting too long guarantees you’ll lose the opportunity.

Small Claims Court

In Small Claims Court, you must generally represent yourself. However, there are exceptions where someone else can step in on your behalf. Here's a breakdown of the key situations:

1. Active Military Duty
   • If you're on active military duty and stationed away from home for more than six months, you may have someone represent you.
   • What You’ll Need:
     • Authorization to Appear (Small Claims) – Form SC-109, which allows a representative to act on your behalf.
2. Business Representation
   • Sole Proprietors: Generally, you must appear yourself. However, an employee can represent you if they have direct knowledge of the case and can provide business records (e.g., invoices, contracts).
   • Partnerships: One of the partners must attend; non-partner employees cannot represent the business.
   • Corporations: A corporate officer, director, or employee can represent the business, but they must be an actual employee, not just a hired representative.

Why These Rules Exist

• These rules ensure the person representing you has first-hand knowledge of the case, ensuring accurate information and a fair hearing.

Collecting Your Judgment

Winning your Small Claims case is a big accomplishment, but getting a judgment doesn’t guarantee payment. You must actively work to collect the debt. Here are key tools to help you:

1. Wage Garnishment
   • You can request that the debtor’s employer withhold a portion of their wages, sending the money directly to you until the full judgment is paid off.
2. Bank Levy
   • A bank levy lets you freeze and seize funds from the debtor’s bank account. This involves the sheriff’s department and the debtor's financial institution.
3. Property Lien
   • A lien on the debtor’s real property (house, land, etc.) prevents them from selling or refinancing without settling the debt first. It doesn’t immediately pay you, but it ensures you have priority.

Important Considerations

• Debtor’s Financial Situation
  • If the debtor has no income or assets, collecting can be challenging. You may need to wait or decide not to pursue further action.
• Payment Plans
  • A debtor might offer to pay in installments. If you accept, get the terms in writing, including amounts and due dates. You’re not obligated to accept any plan that doesn’t work for you.
• Time and Cost
  • Collecting debt can be time-consuming and costly. Weigh the effort and costs against how much you’re owed.
• Avoiding Payment
  • Some debtors may try to hide assets or avoid paying. You can request a debtor’s examination, where the debtor must disclose their finances.

Set Realistic Expectations

These tools can work, but collection isn’t guaranteed. Some recover their judgment successfully, while others struggle to get paid. Be realistic and consult with an attorney or collection expert if needed.

• Next Steps
  1. Obtain a certified copy of your judgment from the court.
  2. Research your collection options and choose the best one.
  3. File the necessary forms and work with law enforcement or the court if needed.
  4. Keep records of all payments and communications with the debtor.

Enforcing a Judgment

Enforcing a judgment after winning a Small Claims Court case can be a lengthy and challenging process, but being organized and aware of key deadlines is crucial for success. Here's a summary of important timelines and steps to follow:

1. 30-Day Appeal Period
   • No Collection During Appeal: After a judgment is entered, the debtor has 30 days to file an appeal. You cannot begin any collection efforts during this appeal period.
   • If an Appeal is Filed: You can only proceed with enforcement after the appeal process is resolved. If the appeal is denied, you can start collecting.
2. Judgment Enforcement Timeline
   • Enforceable for 10 Years: The judgment is enforceable for 10 years from the date it is entered. You have a decade to collect the debt.
   • Renewing the Judgment: You can renew the judgment for another 10 years before it expires. After renewing, you must wait 5 years before you can renew it again.
3. Judgment Debtor’s Statement of Assets (Form SC-133)
   • Debtor’s Financial Information: If the debtor does not appeal, file a motion to vacate, or voluntarily pay, they must complete and send you the Judgment Debtor’s Statement of Assets (Form SC-133).
   • Purpose: This form provides detailed information about the debtor’s income, assets, and bank accounts, helping you decide how to enforce the judgment (e.g., wage garnishment or bank levy).
4. 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 it.
   • Debtor’s Examination: If needed, you can schedule a debtor’s examination where the debtor must appear in court and answer questions about their financial situation.
5. Tracking Renewals and Deadlines
   • Track Dates Carefully: Keep track of the 30-day appeal period and 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 slow process, especially if the debtor has limited assets or is actively trying to avoid payment. However, by staying diligent about deadlines and using enforcement tools, you can improve your chances of successfully collecting the debt.

Courthouse Locations:

El Centro Courthouse

939 West Main Street
El Centro, CA 92243
(760) 482-2238

https://www.imperial.courts.ca.gov/

BUILDING HOURS

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

CITIES SERVED

• El Centro
• Calexico
• Brawley
• Imperial
• Heber
• Salton City
• Calipatria
• Holtville
• Westmorland
• Seeley
• Mesa Verde
• El Centro Naval Air Facility
• Ripley
• Niland
• Bombay Beach
• Desert Shores
• Salton Sea Beach
• Ocotillo
• Palo Verde

Let Squabble Help You With Your Claim at Imperial 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 Imperial 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.