Small Claims Court in Marin County

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

Small Claims Court

Small Claims Court in Marin County is designed to be a simple, quick, and affordable way to resolve disputes without the complexity and cost of a traditional legal battle. The process is straightforward, and the rules are more relaxed compared to those in regular courts.

Who’s Who in Small Claims Court

• Plaintiff: The person filing the case is known as the plaintiff.
• Defendant: The person being sued is referred to as the defendant.

Do I Need a Lawyer?

While you can consult a lawyer for advice before your hearing, you must represent yourself in Small Claims Court. Lawyers are not allowed to speak on your behalf during the proceedings. The goal of Small Claims Court is to allow individuals to resolve disputes without the need for legal professionals.

How Much Can You Sue For?

• Maximum for Individuals: If you’re suing an individual, the maximum amount you can claim is $12,500.
• Claims Over $12,500: If your claim exceeds the $12,500 limit, you have two options:
  1. File a Limited Civil Case: You can file a limited civil case to pursue the full amount.
  2. File in Small Claims Court: Alternatively, you can file in Small Claims Court but waive any amount above $12,500.

How Often Can You File a Claim?

• Unlimited Claims: You can file as many Small Claims cases as you need throughout the year.
• Limit on Claims Over $2,500: However, you are limited to two claims over $2,500 per calendar year.

With its streamlined process, Small Claims Court is an accessible option for resolving disputes without the expense and stress of a full trial. If you're unsure whether your case qualifies or have any specific questions, consulting with a court clerk can help clarify your next steps.

Before you file a Claim

Small Claims Court is designed to be a quick, affordable, and accessible way to resolve disputes without the time and cost of a full courtroom trial. But before you head to the courthouse, it’s important to understand the basic rules and requirements that apply to all small claims cases in San Luis Obispo County. Here’s what you should know before filing your case.

1. Age Requirement

   • To file a small claims case, you must be at least 18 years old. If you're younger than 18, the court will require a guardian ad litem—usually a parent, guardian, or another responsible adult—to represent you during the case.

2. Demand Requirement

   • Before filing, the court expects that you’ve made a genuine effort to resolve the issue directly with the other party. This could be through:
     • A conversation
     • A written demand letter
     • A formal request for payment or resolution

   If the other party refuses or ignores your request, you may proceed with filing your claim.

3. Ownership of the Claim

   • Only the person or business that owns the claim can file it in Small Claims Court. That means:
     • You cannot file on behalf of someone else.
     • You cannot sue for a claim you purchased or were given—unless the law specifically allows it and it’s been properly assigned.

   This ensures that only the rightful party pursues legal action.

4. Appearance Requirement

   • Small Claims Court is built around the idea that you represent yourself—no attorneys are allowed during the hearing (except in rare appeals).
     • Individuals must appear in person.
     • Businesses must send:
       • An officer, director, or employee (for corporations).
       • A regular employee familiar with the case (for associations or other entities).

   Failing to appear could lead to your case being dismissed or a judgment being entered against you.

5. Claims Involving Property (Not Money)

   • If your dispute involves recovering personal property—rather than money—you must first ask the other party to return the item. This step gives the defendant a fair chance to resolve the issue before legal action is taken.

Types of Cases

Small Claims Court in Marin County is designed to be a faster and less formal way to resolve disputes—without needing a lawyer. If you're considering filing a claim, it’s helpful to know what types of cases are commonly handled in Small Claims Court and what you should expect once you’ve started the process. Here’s a look at the most frequent types of small claims cases and why this court might be the right fit for your situation.

Common Types of Small Claims Cases

1. Car Accidents

   • If you’ve been in a car accident that wasn’t your fault, and the other party refuses to cover the damage, you may be able to recover:
     • Repair costs
     • Medical bills
     • Other out-of-pocket expenses

2. Property Damage

   • From damaged furniture to a broken window or harm to your home, property damage claims are a common reason people turn to Small Claims Court. If someone causes damage and refuses to pay for repairs or replacement, you can file a claim to recover those costs.

3. Security Deposit Disputes (Landlord-Tenant)

   • Security deposit disagreements are one of the most common types of small claims. If your landlord:
     • Refuses to return your deposit
     • Withholds money unfairly without justification

   You can bring the dispute to court and ask for the full amount you believe you're owed, along with any supporting documentation (like your lease agreement or move-out photos).

4. Collection of Unpaid Debts If someone owes you money—whether it's from a personal loan, unpaid service, or shared expense—and refuses to pay, Small Claims Court can help you recover it. This is especially helpful when the amount owed doesn’t justify hiring a lawyer.

Why Small Claims Court Is Ideal for These Disputes

• Monetary Limits: For individuals in California, you can sue for up to $12,500 in Small Claims Court. If your case involves more than that, you can either waive the excess or file in a higher court.
• Simplicity: The process is designed to be user-friendly. No lawyers are allowed to represent parties in most cases, so the focus is on facts, fairness, and a quick resolution.

After You File a Claim

In A Small Claims case in Marin County, the court will assign a hearing date—typically scheduled about 60 to 70 days after your filing. This waiting period allows time for the court to process your documents, notify the other party, and prepare for your case to be heard. Instead of just waiting, use this time wisely to strengthen your case and prepare for court. Here’s how:

1. Gather Your Evidence
   • Start collecting any documents, photos, or other materials that support your claim. Think about what will help explain your side clearly and convincingly to the judge. Helpful items might include:
     • Receipts for purchases or services
     • Repair estimates or invoices
     • Medical bills (if you're claiming injury-related costs)
     • Photos or videos of damages or relevant events
     • Contracts, agreements, or any signed documents
     • Text messages, emails, or other written communication
2. Organize Your Documents

   • Once you have everything you need, take time to organize your evidence in a logical, easy-to-follow order. Group related documents together, and consider labeling each piece for quick reference.

   • A simple, organized presentation can make a big difference. Not only does it help the judge understand your case more clearly, but it also shows that you’re taking the process seriously.**

3. Prepare for the Hearing
   • When your hearing day arrives, you’ll need to present your case confidently and respectfully. The judge will likely ask questions, so practice explaining your side using facts—not emotions—and keep things brief and clear. Here are a few tips:
     • Write a short outline of what you plan to say
     • Practice aloud so you feel comfortable speaking in front of the judge
     • Be honest and stay calm, even if the other party tries to argue or interrupt

Plaintiff

Step 1: Contact the Other Party

• Before you file a claim, try to resolve the issue directly. A clear and respectful conversation, phone call, or written demand can sometimes settle things without needing to go to court.
  • Consider Mediation
    • If direct communication fails, mediation might help. This informal process brings both parties together with a neutral third party who facilitates a compromise. Mediation is often free or low-cost and can save both time and money.

Step 2: Understand the Court Rules

• Before filing, take time to learn how Small Claims Court works. Key things to know:
  • Claim limit: $12,500 for individuals in California
  • Eligible case types: Disputes over money, property damage, unpaid loans, security deposits, etc.
  • Filing deadlines and statutes of limitations
  • What happens during a hearing
• Make sure to calculate exactly how much you’re owed, including repair bills, lost wages, or any other related expenses.

Step 3: File Your Claim

• To begin your case, complete Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court). This form outlines the details of your dispute and the amount you're seeking.
  • Pay the filing fee, which ranges from $30 to $100 depending on the size of your claim.
  • If you’re filing on behalf of a business, ensure you have a Fictitious Business Name Statement if required.
• You can file in person, by mail, or online (if available in your area).

Step 4: Serve the Defendant

• Once your claim is filed, you must legally serve the defendant—this means delivering a copy of the court paperwork so they’re aware of the case.
  • Use a sheriff, registered process server, or qualified adult (not you).
  • Service must be completed 15 to 30 days before the hearing date, depending on where the defendant is located.
  • After service, file Form SC-104 (Proof of Service) with the court to confirm the defendant was notified properly.

Step 5: Prepare for the Hearing

• With your court date typically scheduled 60 to 70 days after filing, use this time to build a strong case:
  • Gather evidence such as receipts, contracts, photos, written communication, or estimates.
  • Prepare witnesses who have firsthand knowledge of your claim.
  • Anticipate counterarguments the other party may raise and be ready to respond.

Organize all materials in a way that makes it easy for the judge to follow your side of the story.

Step 6: Keep Communication Open

Even after filing, you’re encouraged to keep talking with the other party. If you reach an agreement before the hearing, you can notify the court and possibly cancel the hearing or convert the case into a settlement judgment.

Step 7: Attend the Hearing and Present Your Case

When your hearing day arrives:

• Arrive early, dress appropriately, and bring all necessary documents and witnesses.
• Present your side clearly and respectfully—focus on facts, not emotions.
• Listen to the judge's questions, follow instructions, and remain calm throughout.

After the hearing, the judge may issue a decision on the spot or mail it to both parties shortly after.

Defendant

Step 1: Contact the Plaintiff

• Before the hearing, consider reaching out to the person suing you. A respectful conversation might lead to a resolution and save both sides time, stress, and money.
  • Try Mediation
    • If a direct conversation doesn’t help, mediation is a great next step. San Luis Obispo County offers free or low-cost mediation services to help both parties come to a fair agreement—without going to court.

Step 2: Understand the Process

• Familiarize yourself with how Small Claims Court works so you know what to expect.
  • Claim Limit: For individuals, the maximum claim is typically $12,500.
  • Review the Claim: Read the Plaintiff’s Claim (Form SC-100) carefully to understand what the plaintiff is asking for and why.
  • Learn the Rules: Look up deadlines, courtroom procedures, and what happens at the hearing.

Step 3: Consider Filing a Counterclaim

• If you believe the plaintiff owes you money or caused damages, you may file a Defendant’s Claim (Form SC-120).
  • Your counterclaim must be filed before the hearing.
  • It must also fall within the Small Claims Court's monetary limits.

Step 4: Prepare for the Hearing

Start preparing your defense early by gathering:

• Receipts, invoices, or contracts
• Photos, videos, or messages
• Written communication (texts, emails, letters)
• Witnesses who can support your side of the story

Step 5: Stay Open to Settlement

• Even after being served, you can still reach a settlement before the court date. If you and the plaintiff come to an agreement, let the court know—you may be able to cancel the hearing or request a dismissal.

Step 6: If You Owe Money, Be Proactive

• If you believe the plaintiff is right and you do owe the money, it’s better to act early:
• Pay the amount owed before the hearing and bring proof to court.
• Propose a payment plan, and provide documents showing you’re making an effort to resolve the matter.

Step 7: Request a Postponement If Needed

• If you’re not ready for court—maybe you need time to gather evidence, find a translator, or prepare your defense—you can ask the court for a continuance (postponement).
  • Make the request in writing as soon as possible.
  • The court must approve your request, so don’t wait until the last minute.

Step 8: Avoid a Judgment

• Settling the dispute before the hearing can prevent a judgment from being entered against you. A judgment could affect your credit and lead to wage garnishment, liens, or other collection actions. Try to resolve the issue beforehand if possible.

Step 9: Attend the Hearing

On the day of your hearing:

• Arrive early, dress appropriately, and be organized.
• Bring all evidence and documents, including copies for the judge and the plaintiff.
• Be respectful to the judge, court staff, and the other party.
• Speak clearly, stick to the facts, and answer all questions honestly.

Where to File

• Venue refers to the specific court location or judicial district where your case should be filed. It's not just about what's convenient for you—it’s about filing in the place that has legal authority over the people or issues involved in your case.
• If you file in the wrong venue, the court could dismiss your claim unless all the defendants agree to have the case heard there.

How to Choose the Right Venue

Here’s how to figure out where to file based on the type of case or who you’re suing:

• Suing an Individual: File in the district where the person lives.
• Suing a Business: File in the district where the business is located or does business.
• For Property Damage or Accidents: File in the district where the incident occurred (e.g., a car accident).
• For Contract Disputes: File in the district where the contract was either signed or carried out.
• If You're Suing a Corporation: You can file in the district where the contract was signed or where the corporation does regular business (such as having an office or facility).
• Retail Installment Sales or Leases (like vehicle purchases): File in the district where the defendant lives, where the contract was signed, or where the goods are located.

Why It Matters

Filing in the correct venue is more than just a technicality—it ensures: - The court has legal authority to hear your case. - You avoid delays or having to start over. - The defendant has fair notice and access to the court proceedings.

What If There’s More Than One Defendant?

If your case involves multiple people or businesses, you’ll need to make sure the venue rules are followed for each of them. Otherwise, it could open the door to a dismissal.

Notifying the Defendant of the Claim

One of the most important steps in any small claims case is something called service of process—and it’s not just a formality. It’s the official way you let the other party (the defendant) know that a lawsuit has been filed against them. If you skip this step or do it incorrectly, your case could be delayed or even dismissed.

Let’s break down how it works and what your options are.

What Is Service of Process?

Service of process means delivering a copy of your claim (Form SC-100) to the defendant in a legally acceptable way. You’re not allowed to do this yourself, but there are several approved methods that the court recognizes.

Four Ways to Serve the Defendant

1. Service by a Law Officer
   • How it works: A sheriff or other law enforcement officer personally delivers the court papers to the defendant.
   • Cost: There is usually a fee involved (check with your local sheriff’s office for the exact amount).
2. Hiring a Process Server
   • How it works: You can hire a professional process server—a neutral adult (18 or older) not involved in your case—to deliver the documents.
   • Cost: Expect to pay a fee, but many people prefer this method because it’s often faster and more reliable.
3. Certified Mail
   • How it works: The court clerk sends your claim to the defendant via certified mail.
   • What to watch for: You’ll need to confirm receipt by checking for a signed return receipt. This method can be less predictable, so be sure to follow up with the court.
4. Substituted Service
   • How it works: If you can’t serve the defendant directly, you may be able to serve someone else at the defendant’s home or place of work—such as a roommate or coworker.
   • Important:* This method comes with strict rules, including follow-up steps (like mailing a second copy). Check with the court to make sure you meet all the legal requirements.

Key Deadlines You Need to Meet

Service of process must be completed before your hearing date, and the timing depends on where the defendant is located:

• If the defendant lives in the same county as the court: You must serve them at least 10 days before the hearing.
• If the defendant lives in a different county: You must serve them at least 15 days before the hearing.

Failing to meet these deadlines can result in a postponement or even dismissal of your case.

Don’t Forget: File Proof of Service

After the documents are delivered, make sure to file Form SC-104 (Proof of Service) with the court. This lets the judge know that the defendant was properly notified.

Final Tip

Double-check with the court before your hearing to ensure that all service paperwork has been filed and accepted. This simple step can save you from delays and make sure your case moves forward smoothly.

Proper service of process isn’t just a technical detail—it’s a critical step in the small claims process. Do it right, and you’re well on your way to having your case heard.

Cost

When filing a case in Small Claims Court, one of the first costs you’ll encounter is the filing fee. This fee isn’t one-size-fits-all—it depends on two key factors: 1. The amount of your claim, and 2. How many claims you’ve filed in the past 12 months

Let’s break down what you can expect to pay.

If You’ve Filed 12 or Fewer Claims in the Past Year

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

These lower fees apply if you’ve filed 12 or fewer small claims cases during the last 12 months—perfect for individuals or small businesses that don’t use the court system often.

If You’ve Filed More Than 12 Claims in the Past Year

For frequent filers (typically businesses or collection agencies), higher fees apply:

• Claims of $5,000 or less: Filing fee increases to $75
• Claims over $5,000: Filing fee increases to $100

This higher fee structure helps balance the court’s resources and discourages system overuse by habitual filers.

Need Help With the Fees?

If you can’t afford to pay the filing fee, you may be eligible for a fee waiver. You’ll need to complete and submit the appropriate request form to the court, which will review your financial situation to determine if you qualify.

Hearing

Winning a small claims case often comes down to how well you present your side—and the strength of your evidence. Bringing the right materials to court can make a major difference. Here's a breakdown of the key types of evidence you should gather and how to present them effectively.

1. Witnesses

   • If someone directly saw what happened or has personal knowledge of the situation, ask them to come to court with you. Firsthand testimony can add credibility and provide a strong foundation for your case. Make sure your witness is reliable, well-spoken, and clear about what they saw or know.

2. Photos

   • Visuals can tell a story more powerfully than words. Bring clear, dated photos to document:
     • Property damage
     • Personal injuries
     • Product defects
     • Conditions of a home or rental space
   • Print out the photos and label them clearly so the judge can easily understand what they’re looking at.

3. Bills and Receipts

   • To prove any financial loss or reimbursement request, include all relevant receipts, invoices, and bills. These help demonstrate:
     • The exact amount of money spent or lost
     • When payments were made or expected
     • The nature of goods or services involved
   • Bring original copies and have extras in case the judge or defendant needs to see them.

4. Contracts

   • If the dispute centers on a written agreement—like a lease, service contract, or bill of sale—bring the full contract to court. It can help clarify:
     • What was promised
     • Who was responsible for what
     • Terms of payment or performance
   • Make sure it’s signed and dated, and bring a copy for the other party and the judge.

5. Other Relevant Documents

   • Supporting communication can be just as important as formal documents. Consider bringing:
     • Emails and text messages
     • Letters or handwritten notes
     • Screenshots of relevant conversations

   These help demonstrate attempts to resolve the issue or highlight important interactions between you and the other party.

Tips for Presenting Evidence Effectively

• Organize your documents in a logical order—chronologically is often best.
• Bring copies for yourself, the judge, and the other party.
• Highlight key details with tabs or sticky notes to make important information easy to find.
• Practice your explanation so you can confidently connect each piece of evidence to the facts of your case.

After the Hearing

When your small claims case goes to court, it’s natural to wonder who will be deciding your case and how the hearing will unfold. Understanding the process ahead of time can help you feel more confident and prepared.

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 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.

How the Hearing Works

Here’s what to expect once you step into the courtroom:

• Each side will present their case. You’ll have a chance to speak, present evidence, and call any witnesses to support your position.
• The judge will ask questions. Be prepared to answer clearly and directly. Stick to the facts and be respectful.
• After hearing both sides, the judge may:
  • Announce a decision immediately in court, or
  • Take the case under advisement and mail the decision to both parties at a later date.

Tips for a Smooth Hearing

• Arrive early and bring all your documents.
• Dress neatly and be respectful to everyone in the courtroom.
• Organize your evidence and be ready to explain how it supports your claim or defense.
• Practice what you want to say so you can present your side confidently and clearly.

Appeal

Who Can 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, and there is no right to appeal.
• Defendant (The Person Being Sued)
  • If you're the defendant and you lose the case, you can appeal the judgment. This gives you the opportunity for a new hearing where a different judge will review your case and make a decision.

Missed Your Hearing?

• If you missed your original hearing, you cannot appeal simply because you weren't there. However, you might be able to request the court to vacate the judgment (cancel it) and schedule a new hearing. This is a separate process, and you’ll need a valid reason—such as not being properly notified.

How to File an Appeal

To file an appeal in small claims court, follow these steps:

1. Submit a Notice of Appeal (Form SC-140):
   • You can get this form at the courthouse or online.
2. File Within 30 Days:
   • Your appeal must be filed within 30 days of the date the court mailed you the Notice of Entry of Judgment.
3. Pay the Appeal Fee:
   • There is a $75 filing fee to appeal.
4. File in Person or by Mail:
   • You can submit your appeal either in person at the courthouse or by mail, but make sure you meet the 30-day deadline.

What Happens After You File an Appeal?

Once your appeal is filed:

1. New Hearing Scheduled:
   • The court will schedule a new hearing with a different judge. This hearing is known as a "trial de novo", which means the case is heard from the beginning, with no reference to the previous judgment.
2. Present Your Case Again:
   • You’ll have the opportunity to present your evidence and arguments just like you did in the original hearing.

Key Differences During an Appeal Hearing

1. Legal Representation Allowed:
   • Unlike the original small claims hearing, where neither party can have a lawyer, in the appeal hearing both sides can bring attorneys if they choose.
2. New Evidence and Arguments:
   • The appeal judge may allow new evidence or arguments that weren’t presented in the first hearing, so you have the chance to strengthen your case.

Final Tips:

• Prepare thoroughly, as the appeal hearing is your chance to correct any mistakes or weaknesses in your original case.
• Be sure to submit your appeal on time and follow all court rules carefully.
• If you believe that the decision was unjust or that there are strong grounds for a different outcome, an appeal could be a valuable opportunity to have your case reconsidered. Just remember that it's not a chance to retry the case from scratch—it's about correcting errors or presenting 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: If you're injured in a car accident, you have two years from the date of the accident to file a claim.
2. Verbal (Spoken) Agreement
   • Time Limit: 2 years from the date the agreement was broken.
   • Example: If someone failed to honor a verbal agreement (like a promise or deal), you must file within two years of 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., a rental or service agreement), you have four years from the breach to file your claim.
4. Property Damage
   • Time Limit: 3 years from the date of the damage.
   • Example: If your property (e.g., car, home) is damaged, you have three years to file a claim.
5. Fraud
   • Time Limit: 3 years from when you discovered the fraud or reasonably should have discovered it.
   • Example: If someone deceives you or hides important information, the clock starts when you find out—or should have discovered—the fraud.
6. Suing a Government Agency
   • Time Limit: 6 months to file a claim with the agency before going to court.
   • Process: First, you must file a claim directly with the government agency within 6 months of the incident. If the agency denies your claim or doesn't respond within 45 days, you have another 6 months to file in Small Claims Court.

What Happens If You Miss the Deadline?

If you file your claim after the statute of limitations has expired, the court will most likely dismiss your case. The clock on the statute of limitations starts ticking the moment the incident occurs (or when you discover the issue), so it's important to be aware of your deadlines.

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

If you're unsure whether your claim is still within the statute of limitations, it’s better to file your claim anyway. The judge will determine whether the statute has expired, but waiting too long guarantees that you lose the right to pursue your case. Better to file and let the court decide than to miss your chance entirely.

Court

In Small Claims Court, you're generally expected to represent yourself, meaning no lawyers are allowed to argue your case (except in appeals). However, there are certain situations where someone else may be allowed to represent you. Here are the exceptions to keep in mind, as well as what you need to do if they apply to your situation.

1. Active Military Duty
   • If you're serving in the military and stationed away from home for more than six months, the court may allow someone else to represent you.
   • What You’ll Need:
     • Form SC-109 Authorization to Appear (Small Claims): This form must be filed with the court to authorize a representative to appear on your behalf.
2. Business Representation Depending on your business type, different rules apply:
   • Sole Proprietors:
     • As a sole proprietor, you generally must appear in court yourself.
     • Exception: A regular employee can represent you if the case can be proven using business records (such as invoices, contracts, or account statements).
     • The employee must have direct knowledge of the case and not just be a messenger.
   • Partnerships:
     • If your business is a partnership, one of the partners must appear in court.
     • Non-partner employees or representatives cannot attend on behalf of the partnership.
   • Corporations:
     • A corporate officer, director, or employee can represent the corporation in court.
     • The representative must be an actual employee or official of the company—not someone hired just for the hearing.

Why These Rules Exist

• The court wants to ensure that the person representing you in Small Claims Court has direct knowledge of the case. Whether it’s about business operations, financial records, or the specifics of the dispute, having someone with firsthand knowledge of the issue ensures the court gets accurate information and makes a fair decision.

Ask the Court

If you’re unsure whether you qualify for an exception or whether someone else can represent you, it’s always a good idea to contact the court clerk. They can provide guidance and help clarify the rules for your specific situation, as well as direct you to any necessary forms.

Collect

• Winning a Small Claims Court case is a significant victory, but unfortunately, obtaining a judgment doesn’t automatically guarantee payment. You have the legal right to collect the debt, but it’s your responsibility to pursue collection efforts. Here are some key tools and considerations to help you collect your judgment:

Key Tools to Help Collect Your Judgment

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

Important Considerations Before You Start

• Debtor’s Financial Situation

  • If the debtor has no income or assets, even the best collection tools might not be effective.
  • In such cases, you may have to wait until their financial situation improves, or you may decide not to pursue collection further.

• Payment Plans

  • Sometimes, debtors may offer to pay in installments.
  • While you are not obligated to accept a payment plan, if you do, ensure you get the terms in writing, including the due dates and amounts.

• Time and Cost

  • Collection efforts can take significant time and money. Court fees, paperwork, and possible delays can add up.
  • Consider whether it’s worth the effort, particularly if you’re only owed a small amount.

• Avoiding Payment

  • Some debtors may avoid payment or hide assets. In these cases, you may need to request a debtor’s examination (a court-ordered hearing where the debtor must disclose their finances).
  • You may also consider hiring a professional or collection expert to assist.

• Set Realistic Expectations

  • While these tools can be effective, collection is not guaranteed. Some debtors may not have the means to pay, or they may resist paying.
  • Be realistic about the time, effort, and costs involved. Consult with an attorney or collection expert if you need guidance.

• Next Steps

  1. Obtain a Certified Copy of Your Judgment
     • Get an official copy of the judgment from the court. You’ll need this to initiate collection efforts.
  2. Research Collection Options
     • Review your options (wage garnishment, bank levy, property lien, etc.) and choose the one that best fits your situation.
  3. File the Necessary Forms
     • Depending on the method you choose, file the necessary forms with the court and work with law enforcement or the court system.
  4. Keep Records
     • Maintain detailed records of all payments, communication with the debtor, and any actions taken to collect the judgment.

  Collecting on a judgment can be challenging, but with persistence, the right tools, and a strategic approach, you may successfully recover the money owed to you. If needed, don't hesitate to consult with professionals who specialize in debt collection to help guide you through the process.

Enforcement of the judgment

Key Timelines and Steps for Enforcing a Judgment

1. 30-Day Appeal Period
   • No Collection During Appeal: After the judgment is entered, the debtor has 30 days to file an appeal. You cannot start collecting during this period.
   • If an Appeal is Filed: You must wait until the appeal process is resolved before proceeding with any collection efforts. If the appeal is denied, you can then continue with enforcement.
2. Judgment Enforcement Timeline
   • Enforceable for 10 Years: The judgment remains enforceable for 10 years from the date it’s entered. This gives you a decade to pursue collection.
   • Renewing the Judgment: You can renew the judgment for another 10 years before it expires. However, after the first renewal, you must wait 5 years before renewing it again.
3. Judgment Debtor’s Statement of Assets (Form SC-133)
   • Debtor Must Provide Financial Information: If the debtor does not appeal, file a 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 will provide essential information about the debtor’s income, assets, and bank accounts, which will help you determine the best way to enforce the judgment, such as wage garnishment or bank levies.
4. What If the Debtor Refuses to Provide Information?
   • Court Assistance: If the debtor refuses to complete the SC-133 form, you can ask 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. This can be a critical step to gather the necessary information for enforcement.
5. Tracking Renewals and Deadlines
   • Keep Track of Dates: It’s essential to track both the 30-day appeal period and the judgment renewal deadlines. Missing these dates can 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 actively seeks to avoid payment. However, by remaining diligent about tracking deadlines and using the available enforcement tools, you increase your chances of recovering the debt. Persistence and patience are key in successfully enforcing your judgment.

Courthouse Locations:

Civic Center, Hall of Justice

3501 Civic Center Dr. Room 113
San Rafael, CA 94903
(415) 444-7130

https://www.marin.courts.ca.gov/divisions/small-claims

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