Small Claims Court in Merced County

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

Small Claims Court

Merced County Small Claims Court offers a simple, cost-effective process for resolving disputes without the need for attorneys, particularly for smaller claims. Here's a summary of its key features:

Key Features

• Representation in Court
  • No Attorneys: Neither the plaintiff nor the defendant can have an attorney during the trial. Attorneys may be involved if the case is appealed beyond Small Claims Court.
• Eligibility to File or Defend a Case
  • Age Requirement: You must be at least 18 years old to file or defend a case. Minors need a Guardian Ad Litem to represent them.
  • Citizenship: U.S. citizenship is not required to file or defend a case.

Claim Limits

• Individuals: Can seek up to $12,500 in damages.
• Businesses: Can seek up to $6,250 in damages
• Multiple Claims: You can file up to two claims over $2,500 per year. Claims of $2,500 or less are not subject to this limit.

Types of Disputes Suitable for Small Claims Court

Here are some common types of cases you can file in Small Claims Court:

1. Property Damage or Personal Injury from a Car Accident
   • For example, if another driver damages your car and refuses to pay for repairs or if you are injured in a car accident and the other driver is at fault.
2. Landlord/Tenant Security Deposits
   • If your landlord wrongfully withholds your security deposit after you move out.
3. Damage to Property by a Neighbor
   • For example, if a neighbor causes damage to your property and refuses to take responsibility or pay for repairs.
4. Disputes with Contractors About Repairs or Home Improvement Jobs
   • If a contractor fails to perform agreed-upon work or does shoddy work that causes damage or costs you money to fix.
5. Collection of Money Owed
   • If someone owes you money and refuses to pay, you can sue for the amount owed.
6. Homeowner Association Disputes
   • For example, disagreements with a homowners association over fees, violations, or enforcement of rules.

These are just a few examples of the types of cases that can be resolved through Small Claims Court, which is designed to be accessible and efficient for resolving disputes involving smaller amounts of money.

Statute of Limitations

The statute of limitations sets the deadline for filing a lawsuit, and it varies depending on the type of claim. Here's a quick overview of the statute of limitations for common legal disputes:

1. Personal Injury
   • You have 2 years to file a lawsuit after you were hurt.
2. Oral Agreement Breach
   • You have 2 years to file a lawsuit after the agreement was broken
3. Written Agreement Breach
   • You have 4 years to file a lawsuit after the agreement was broken.
4. Property Damag
   • You have 3 years to file a lawsuit after your property was damaged.
5. Fraud
   • You have 3 years to file a lawsuit, starting from the time you discover the fraud (when you learn someone lied or tricked you).
6. Government or Public Agency
   • You generally have 6 months to file your claim with a government agency. Afterward, if they reject your claim or don’t decide in 45 days, you have another 6 months to file your case in Small Claims Court.

Where to File Your Claim

Where to File Your Claim

1. Location of the Dispute
   • File in the court district where the incident occurred (e.g., car accident or property damage).
2. Defendant’s Residence
   • You can file in the district where the defendant lives, especially for money or contract disputes.
3. Business Location
   • If suing a business, file in the district where the business operates.
4. Location of the Accident
   • For accident-related cases, file in the district where the accident took place.

• Tip: Always verify jurisdiction requirements with the Clerk of the Court to avoid mistakes.

Filing Fees

• Claims of $1,500 or Less: $30
• Claims Over $1,500 but Less Than or Equal to $5,000: $50
• Claims Over $5,000 but Less Than or Equal to $12,500 (for Natural Persons Only): $75
• More Than 12 Small Claims Filed in the Last 12 Months: $100

Fee Waivers

If you can't afford the filing fee, you can request a fee waiver:

• Complete the Request to Waive Court Fees form at the Clerk’s office.
• The court will review your financial situation and may approve the waiver, allowing you to file without paying the fee.

Final Tips

• File in the correct district: Consider where the dispute occurred, where the defendant resides, or where the accident happened.
• Understand your filing fee: Be prepared to pay according to the amount of your claim.
• Request a fee waiver: If necessary, apply for a waiver to avoid paying fees.
• Double-check with the Clerk: For additional guidance or any questions about the process.

Notifying the Defendant (Service of Process)

After filing your lawsuit in Small Claims Court, you must legally notify the defendant about the case. This process is called service of process. It ensures that the defendant is aware of the lawsuit and has a chance to respond.

Methods of Service

1. Service by a Law Enforcement Officer (Sheriff)
   • Who Can Serve: A law enforcement officer, such as a sheriff, can serve the defendant.
   • Details: Contact your local Sheriff’s Civil Office for information on costs and the process for this type of service.
   • Cost: Fees may vary depending on location. Be sure to check with your local sheriff’s office
2. Personal or Substitute Service
   • Who Can Serve: Anyone who is at least 18 years old and not involved in the lawsuit.
   • Personal Service: This involves handing the legal documents directly to the defendant.
   • Substitute Service: If the defendant is unavailable, you can leave the documents with someone at the defendant’s home or business who is over 18 and likely to pass them on (e.g., a family member, co-worker, or roommate).
3. Certified Mail
   • How It Works: The Clerk of the Court can send the legal documents via certified mail.
   • Cost: The service of certified mail costs $15.
   • Limitations: Only the Clerk of the Court can handle service by certified mail. For the service to be complete, the defendant must sign for the mail.

Proof of Service

Once the defendant is served, the person who served the documents must complete a Proof of Service form. This form will include important details such as:

• When and where the defendant was served
• How the defendant was served (e.g., personal, substitute, or certified mail)

The Proof of Service form must be submitted to the court at least 5 days before the trial to ensure the defendant has been properly notified.

Key Tips

• Ensure the person who serves the defendant is not involved in the case and is at least 18 years old.
• If you choose certified mail, remember that only the Clerk of the Court can handle this process.
• Submit the Proof of Service on time (at least 5 days before the trial) to avoid any delays in your case.

Plaintiff’s Claim and Order to Defendant

If you've been served with a Plaintiff’s Claim and Order to Defendant, it's crucial to take immediate action to ensure you don’t face default judgment or other negative consequences. Here's what you should do:

1. Read the Documents Carefully
   • The Plaintiff’s Claim and Order to Defendant will include:
     • Date, time, and location of the trial
     • Description of the claim being made against you and the amount the plaintiff is seeking
   • Make sure to review everything thoroughly to understand the details of the case and how to respond.
2. Prepare for Court
   • Attend the court trial on the specified date and time. If you don’t show up:
     • The court may rule against you by default.
     • This means the plaintiff could win the case without you having the chance to defend yourself.
3. Gather Your Evidence
   • Collect any documents, receipts, contracts, photographs, or other evidence that support your defense.
   • If you have witnesses, make sure they are available to testify in your favor.
   • The more organized and thorough your evidence, the better your chances of success.
4. Respond if Necessary
   • If you believe the plaintiff owes you money or has wronged you, you may need to file a Response or Counterclaim.
     • A Response explains why the plaintiff's claim is incorrect.
     • A Counterclaim allows you to make your own claim against the plaintiff.
   • Check with the court for required forms and specific rules about how to respond.
5. Appearing in Court
   • Arrive early for the trial, bringing all your evidence and documents.
   • When your case is called:
     • You’ll have the chance to present your defense, explain your side of the dispute, and provide supporting evidence.
6. What If You Cannot Attend the Hearing?
   • If you can’t attend the trial due to illness, scheduling conflicts, or other valid reasons, you must contact the court immediately to request a continuance (postponement).
   • Provide the reason for your absence and include any necessary documentation, such as a doctor’s note if you are sick.

What Happens If You Do Not Appear in Court?

• If you fail to appear, the court may issue a default judgment in favor of the plaintiff.
  • This means you lose the case without having a chance to present your side.

Consequences of a Judgment

If the plaintiff wins, a judgment could lead to several collection actions, including:

• Wage garnishment (a portion of your paycheck could be withheld to satisfy the debt)
• Property liens (the plaintiff can place a lien on your property, potentially affecting your ability to sell or refinance it)
• Bank levies (money could be taken directly from your bank account to satisfy the judgment)

Key Takeaways

• Appear in Court: Always attend the trial on the scheduled date to defend your case.
• Prepare Your Case: Gather all supporting evidence and be ready to present it.
• Notify the Court if You Cannot Attend: If you can't make the hearing, inform the court immediately and request a rescheduling.

Preparing for Your Trial

Proper preparation is essential for presenting a strong case in Small Claims Court. Here's a detailed step-by-step guide to ensure you’re ready for your trial:

1. Gather Your Evidence
   • Documents: Bring all relevant evidence that supports your claim or defense. This may include:
     • Receipts
     • Invoices
     • Contracts
     • Letters
     • Canceled checks
     • Other relevant paperwork
   • Organize your evidence: Arrange your evidence in an easy-to-follow order. Bring multiple copies for:
     • The judge
     • The plaintiff (if applicable)
     • Yourself
   • Photographs and Videos: If your case involves damage (e.g., property damage or personal injury), bring clear and labeled photographs or videos to back up your claims.
2. Subpoena Duces Tecum (for Documents)
   • If you need specific documents or records that you don't have, you can request a Subpoena Duces Tecum(SC-7016 [Rev. Jan. 2024]). This document orders a person or organization to bring the necessary documents to court.
   • **How to request:
     • File the subpoena with the court.
     • Ensure it’s served to the person or entity that holds the required documents before the trial.
3. Witnesses
   • Bring witnesses: If there are individuals who can testify on your behalf, make sure they are aware of the trial date and location.
   • Subpoena for witnesses: If a witness is unwilling or unable to attend, you can issue a subpoena to compel them to testify.
   • Serving the subpoena: Make sure the subpoena is served well in advance of the trial to ensure the witness will be present.
4. Court Interpreters
   • Interpreter for hearing-impaired: If you are hearing-impaired, the court will provide a sign-language interpreter. Be sure to notify the court ahead of time to arrange this service.
   • Interpreter for other languages: While the court provides sign-language interpreters, it does not provide interpreters for other languages. If you require an interpreter for a different language, arrange for it yourself and notify the court ahead of time.
5. Trial Procedure
   • Plaintiff’s case first: The trial will begin with the plaintiff (the person suing you) presenting their case. They will:
     • Call witnesses
     • Present evidence
   • Defendant’s case next: After the plaintiff has presented, you, as the defendant, will have the opportunity to:
     • Present your defense
     • Call your witnesses
     • Submit your evidence
   • Questioning: Both parties have the right to question the opposing party's witnesses.
6. Prepare Your Testimony
   • Know your facts: Be prepared to clearly explain your side of the case. Focus on the key facts that support your claim or defense.
   • Be concise: Keep your statements brief and to the point. Judges appreciate clear, straightforward explanations rather than long-winded stories.
   • Remain respectful: Always maintain a calm and respectful demeanor toward the judge, the opposing party, and any witnesses.
7. Be Ready for the Outcome
   • After both parties have presented their cases, the judge may:
     • Make an immediate decision
     • Take the case under advisement and provide a written decision at a later date
   • Know what you're asking for: Be clear about the outcome you want. Whether you’re seeking:
     • A specific amount of money
     • Dismissal of the case
     • Or any other specific relief

Cannot Attend Your Trial

If you’re unable to attend your Small Claims Court trial, it's crucial to follow the proper steps to avoid negative outcomes, such as a default judgment. Here's what you should do:

1. Notify the Court and Other Parties
   • Notify in Writing: If you cannot attend the trial on the scheduled date, notify both the court and the other party (plaintiff or defendant) in writing as soon as possible.
   • Provide a Reason: Include a clear explanation of why you cannot attend the trial. If applicable, you may also request a rescheduling of the trial date.
2. Request a Postponement
   • Submit a Request: Either the plaintiff or defendant can request a postponement to reschedule the trial.
   • Deadline: Submit your request at least 2 weeks before the scheduled trial date to allow enough time for the court to review it.
   • Fee: There is a $10 fee to request a rescheduling of the hearing.
   • Court Approval: The court must approve your request. The other party has the right to object to the delay, and the judge will consider any objections when deciding whether to grant the postponement.
3. Consequences of Missing the Trial Without a Postponement
   • Plaintiff’s Case: If the plaintiff fails to attend the trial without a valid reason or rescheduling request, the case may be dismissed.
   • Defendant’s Case: If the defendant (you, if you're being sued) fails to attend without rescheduling, the court may issue a default judgment. This means the court will likely rule in favor of the plaintiff without hearing your side of the case.
4. Plan Ahead
   • Make Arrangements Early: If you know in advance that you won’t be able to attend, start the process of requesting a postponement as early as possible. This will allow you enough time to meet all deadlines and avoid complications.

Key Takeaways:

• Notify both the court and the other party as soon as you know you cannot attend.
• Submit a request for rescheduling at least 2 weeks before the trial date and pay the $10 fee.
• If you miss the trial without a valid reason or rescheduled date, you risk a default judgment or case dismissal.

Appealing a Small Claims Court Judgment

If you disagree with the judgment in your Small Claims Court case, you have the right to file an appeal. However, there are strict guidelines and deadlines to follow. Here’s what you need to know:

• Who Can Appeal?
  • Defendant: The defendant (the person who was sued) is generally the primary party who can appeal a Small Claims judgment.
  • Plaintiff: The plaintiff (the person who filed the lawsuit) can only appeal a counterclaim (Defendant’s Claim and Order to Plaintiff) if the court ruled in favor of the defendant on that counterclaim.

How to File an Appeal:

• Timeline:
  • File within 30 days after the judgment is entered.
  • If you filed a motion to vacate the judgment and it was denied, you have 10 days from the denial to file an appeal.
• Filing Location:
  • The appeal must be filed at the Superior Court Clerk’s office in the county where the judgment was entered.
• Filing Fee:
  • There is a $75 filing fee for the appeal, which must be paid at the time of filing.

What Happens After Filing the Appeal?

• Superior Court Hearing: The appeal will be heard in Superior Court by a different judge than the one who made the initial ruling.
• Appeal Focus: The appeal process generally focuses on errors in the application of the law, not re-arguing the facts of the case.
• Presentation: Be prepared to present your case again, but remember that appeals usually do not reexamine all the facts—they only look at whether there were legal errors made in the original trial.

Key Considerations:

• Time Limits: You must file your appeal on time. Missing the deadline means you lose your right to appeal.
• Costs: Be prepared to pay the $75 filing fee. If you need legal representation or incur other costs, those will be your responsibility.

Key Takeaways:

• Who can appeal: The defendant can appeal a Small Claims judgment, and the plaintiff can appeal a counterclaim ruling.
• Timeframe: You must file the appeal within 30 days of the judgment, or within 10 days if a motion to vacate was denied.
• Where to file: The appeal must be filed at the Superior Court Clerk’s office, and the filing fee is $75.
• Appeal Process: The appeal will be reviewed by a Superior Court judge, and will focus on legal errors, not the facts of the case.

Collect Your Money

If you've won a judgment in Small Claims Court, but the defendant hasn’t paid, there are still several options available to collect the money you are owed. Here’s a breakdown of the collection methods and important details:

1. Judgment Duration and Options
   • Judgment Duration: A judgment is valid for 10 years from the date it was entered. You have this entire period to collect the debt.
   • Collection Methods: If you haven’t received payment, you can use various methods to collect. Here are the main options:
2. Collection Options
   • A. Writ of Execution
     • What It Does: A Writ of Execution is a court order that allows the Sheriff to collect money directly from the defendant's paycheck or bank account.
     • How to Obtain It: To get a Writ of Execution, file a request with the court. If you know where the defendant works or banks, the Sheriff can collect the debt from these sources.
     • Fee: The court charges a $40 fee for issuing a Writ of Execution.
   • B. Abstract of Judgment
     • What It Does: An Abstract of Judgment is a legal document that places a lien on the defendant’s real property. This prevents them from selling or refinancing the property without paying the debt.
     • How to Obtain It: Request an Abstract of Judgment from the court and file it with the County Recorder where the property is located.
     • Fee: The court charges $40 for the Abstract of Judgment, and the County Recorder may charge a separate filing fee.
   • C. Judgment Debtor Hearing (SC-133)
     • What It Does: If you don’t know where the defendant works or banks, you can request a Judgment Debtor Hearing. At this hearing, you can question the defendant about their financial situation and assets.
     • How to Apply: File a request for the hearing. The defendant must be personally served with notice of the hearing.
     • Fee: The application fee for a Judgment Debtor Hearing is $60.
     • What You Can Do: During the hearing, you can ask the defendant about:
       • Employment
       • Bank accounts
       • Vehicles
       • Real property
       • Other assets After the hearing, if you gather information about the defendant’s financial situation, you can request a Writ of Execution.
3. Sheriff Enforcement
   • What the Sheriff Does: Once you have a Writ of Execution, you can take it to the Sheriff’s Office. The Sheriff will attempt to collect the debt on your behalf.
   • Fees: The Sheriff’s Civil Unit may charge additional fees for enforcement. Check with the Sheriff’s office for the details.
4. Failure to Appear at the Judgment Debtor Hearing
   • If the Defendant Fails to Appear: If the defendant doesn’t show up for the Judgment Debtor Hearing, you may be able to pursue additional legal remedies. Refer to Local Rule 1303 for more information on possible actions the court can take in such cases.

Important Reminders:

• Collection Fees: In addition to the court fees for the Writ of Execution or Abstract of Judgment, the Sheriff may charge separate enforcement fees. Contact the Sheriff's office for the details.
• Tracking Information: If the defendant refuses to provide financial information or doesn’t show up at the hearing, you might consider hiring a professional to help track their assets or financial details.

Satisfaction of Judgment

If the defendant pays you the money either before the trial date or after a judgment has been entered, it's important to follow these steps to officially close the case:

1. File Form SC-7008
   • Purpose: The SC-7008 form is used to acknowledge that the judgment has been satisfied, meaning the defendant has paid the money owed to you.
   • Where to Obtain: You can get the SC-7008 form at the Clerk’s Office or download it from the court’s website.
2. Submit the Form
   • When to Submit: After you receive payment, file the SC-7008 form with the court to officially notify them that the debt has been paid in full and the case is resolved.
   • Why It's Important: Failing to file this form could lead to confusion or complications. The defendant could claim they still owe money, or they might even file a lawsuit against you for non-payment.
3. Notify the Court
   • Notification: By submitting the SC-7008 form, you're formally informing the court that the judgment has been satisfied, effectively ending the legal process related to the case.
4. Additional Considerations
   • Timeliness: It's important to file the form as soon as possible after receiving the payment. This helps to avoid any future disputes or confusion about the status of the case.

By completing these steps, you ensure that the matter is officially closed and prevent any further legal issues from arising regarding the judgment.

Let Squabble Help You With Your Claim at Merced 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 Merced 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:

Los Banos Division - The Robert M. Falasco Justice Center

The Robert M. Falasco Justice Center
1159 G St
Los Banos, CA 93635
(209) 725-4124

https://www.merced.courts.ca.gov/self-help/small-claims

BUILDING HOURS

• Mon - Fri: 7:45 AM - 3:00 PM; except court holidays.

Old Merced Courthouse (21st Street Building)

627 W 21st Street
Merced, CA 95340
(209) 725-4100

https://www.merced.courts.ca.gov/self-help/small-claims

BUILDING HOURS

• Mon - Fri: 7:45 AM - 3:00 PM; except court holidays.

CITIES SERVED

• Merced
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