Small Claims Court in Monterey County
In Monterey County, CA small claims cases are filed in the Small Claim Court. Monterey 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 Monterey Court System.
Small Claims Court
Monterey County Small Claims Court is a division within the Superior Court designed to resolve disputes in a quick manner. Here are some key points about Small Claims Court:
- No Attorneys (Except on Appeal):
- Attorneys are generally not allowed to represent either party in Small Claims Court, making it an informal setting. However, if the case is appealed, attorneys may be involved.
- Monetary Limit:
- Small Claims Court is specifically for disputes involving damages of $12,500 or less. This limit applies to claims filed by individuals, sole proprietorships, corporations, or other businesses.
- Fast:
- The goal of Small Claims Court is to provide a timely resolution to disputes. The process is designed to be simple, helping parties navigate without the need for complex legal procedures.
- Simple and Informal Rules:
- The rules in Small Claims Court are simple and informal, which makes it easier for individuals to represent themselves. The focus is on resolving the dispute quickly without the complexities of formal litigation.
Maximum Claim Amounts:
- Individuals (Natural Persons) & Sole Proprietorships:
- The maximum amount an individual or sole proprietorship can claim in Small Claims Court is $12,500.
- Corporations, Partnerships, Public Entities, and Other Businesses:
- The maximum claim for these entities is limited to $6,250.
Exceptions and Additional Information:
- Consult the Small Claims Advisor:
- It’s recommended to consult with the Small Claims Advisor for more detailed information about the claim limits and any potential exceptions that may apply to your case.
Limit on Number of Claims Filed in a Year
- Claims Over $2,500:
- An individual or business may file no more than two claims over $2,500 in a calendar year anywhere in California.
- Claims $2,500 or Less:
- There is no limit on the number of claims filed for amounts of $2,500 or less in a calendar year. However, if you are filing more than 12 claims in a year, it’s important to check the local fee schedule for any additional fees that may apply.
- Public Entities:
- Public entities are not subject to the limit on claims over $2,500, allowing them to file more than two claims over this amount within a year.
These limits are designed to keep Small Claims Court manageable and ensure that claims are within a reasonable financial range.
Language Interpretation in Small Claims Court
If you are not comfortable with the English language or need help understanding the court proceedings, here's what you need to know:
- Court-Approved Interpreter:
- Requesting an Interpreter: If you need an interpreter, you can ask the court clerk whether there is a court-approved interpreter available in your native language.
- Availability: Keep in mind that the availability of a court-approved interpreter may vary, and you should check with the court in advance to ensure one is available.
- Responsibility for Providing an Interpreter:
- If a court-approved interpreter is not available, you will need to arrange for your own interpreter.
- For Each Witness: If you have witnesses who also need interpretation services, you must provide an interpreter for each of them as well.
- Interpreter Requirements:
- Age: The interpreter must be an adult.
- Impartiality: The interpreter cannot be a party to the case (i.e., they cannot be involved in the dispute) and should be neutral in the process.
- Court's Role:
- The court does not generally provide interpreters for languages other than English, except in certain circumstances. It’s important to make arrangements ahead of time.
Key Takeaways:
- Check with the court clerk ahead of time to see if a court-approved interpreter is available.
- If not, you will need to arrange for your own interpreter and for each of your witnesses, if necessary.
- Ensure that the interpreter is an adult and impartial.
Being proactive in securing an interpreter will help ensure that you can fully participate in your case and understand the proceedings.
Checklist Prior to Filing a Claim
Before filing a Plaintiff’s Claim or Defendant’s Claim in response to a Plaintiff’s claim in Small Claims Court, it's essential to take the following steps:
- Make a Record of Key Information:
- What happened?
- Clearly describe the events that led to the dispute.
- When did it happen?
- Note the date and time the incident took place.
- Where did it happen?
- Identify the location where the event occurred.
- Who was present?
- List any individuals who were present at the time of the event. Their testimony may be helpful as witnesses.
- What are the damages?
- Document the damages you're claiming, whether financial, property-related, or personal injury.
- Determine the Exact Amount of Damages:
- Monetary Claim Limits:
- Ensure that the amount you’re claiming falls within the monetary limits of Small Claims Court. Check the OVERVIEW for more information on these limits.
- Verify the Dollar Amount:
- Be prepared to substantiate and verify the exact dollar amount of your claim with documentation like receipts, invoices, contracts, or estimates.
- Know the Correct and Complete Name(s) of the Party(ies):
- Ensure you have the correct and full legal name(s) of the person or business you're suing or defending against. This is critical for serving the lawsuit properly.
- Contact the Other Party to Try to Resolve the Dispute:
- Attempt to resolve the issue: Before filing a claim, consider contacting the other party to see if you can reach a resolution outside of court. This may save time, effort, and money.
- Confirm the Correct Court or Venue (Monterey County):
- Venue Confirmation:
- Make sure that Monterey County is the appropriate jurisdiction for filing your claim. Refer to the OVERVIEW for more information on venue rules and where to file your case.
- Review the Information for the Small Claims Plaintiff Form (SC-100-INFO):
- SC-100-INFO:
- This form provides important instructions for the plaintiff. Review it to ensure you understand the process and have the right documentation before submitting your claim.
- How to Access SC-100-INFO:
- You can find this form online or at your local court. Make sure you are using the most current version.
How to File a Small Claims Claim
You can file your claim in Small Claims Court in a few different ways:
- In-Person Filing:
- Go to the Monterey Division of the court located at1200 Aguajito Road, Monterey, CA 93940.
- Bring your completed claim form along with the appropriate filing fee.
- Filing by Mail:
- Mail your claim and the filing fee (check or money order—no cash should be enclosed) to the Monterey Division at the address above.
- Ensure that you also include any required documents to support your claim.
- Filing via Drop Box:
- Drop off your claim and filing fee (check or money order) in an envelope at the drop box outside the courthouse.
- Important: Place your claim form and payment together in one envelope. Do not drop loose documents, checks, or money orders separately.
- Electronic Filing:
- You can file electronically using court-approved partners for e-filing. Check the court's website for a list of electronic filing partners.
Payment Reminder:
- Mail/Drop Box Filing: Only checks or money orders should be used—no cash.
- Make sure everything is securely enclosed when using the drop box or mail to avoid any issues.
Mediation
Mediation is a confidential and voluntary process where a neutral, trained mediator helps parties communicate and work toward a mutually acceptable resolution. The goal is to reach a resolution to all or part of a dispute in a more flexible and less formal manner than traditional litigation.
Key Features of Mediation:
- Confidentiality:
- Everything discussed during mediation is kept private, which allows the parties to be open without fear that their statements will be used against them later in court. This confidentiality often makes mediation a preferred option for resolving disputes.
- Voluntary Participation:
- Mediation is voluntary, meaning that both parties must agree to participate. If one party doesn’t want to engage in mediation, they can opt out.
- Neutral Third Party:
- The mediator is impartial and does not take sides. Their role is to facilitate communication and help the parties reach a resolution. The mediator does not make decisions for the parties or impose solutions.
- Flexibility:
- Mediation is a flexible process, which means that it can be adjusted to suit the needs of the parties involved. This flexibility often leads to quicker and more cost-effective resolutions compared to traditional court proceedings.
- Informal Process:
- Mediation does not follow the formal rules of court. Instead, it focuses on dialogue and negotiation, allowing for more creative and personalized solutions.
Benefits of Mediation:
- Time and Cost-Effective:
- Mediation can be a faster and less expensive way to resolve disputes than going to trial. The process is typically quicker because it doesn’t require lengthy court proceedings.
- Preserving Relationships:
- Mediation is particularly useful when the parties have an ongoing relationship they wish to preserve (e.g., family members, neighbors, or business partners). It encourages cooperation and understanding, reducing the adversarial nature of disputes.
- Emotional Benefits:
- If emotions are playing a significant role in the dispute, mediation can provide a space for the parties to express their concerns and work through their emotions in a productive manner. The mediator helps parties communicate effectively and constructively.
- Control Over the Outcome:
- The parties have control over the outcome, as they can negotiate a solution that works best for everyone. Unlike a court trial where a judge makes the decision, mediation allows for win-win solutions that are tailored to the needs of both parties.
Small Claims Fees
Here is a breakdown of the fees associated with Small Claims Court in California:
- Filing Fees:
- Claim for $1,500 or less: $30 (CCP 116.230(b)(1))
- Claim for more than $1,500 but less than or equal to $5,000: $50 (CCP 116.230(b)(2))
- Claim for more than $5,000 but less than or equal to $10,000 (claim by natural persons only, with certain exceptions): $75 (CCP 116.230(b)(3), CCP 116.221)
- Filing claim by person who has filed more than 12 small claims in California within the previous 12 months: $100 (CCP 116.230(c))
- Amendment Fees:
- Raising amount of claim from $1,500 or less to more than $1,500 but not exceeding $5,000: $20 (CCP 116.230(d)(1))
- Raising amount of claim from more than $1,500 but not exceeding $5,000 to more than $5,000 but not exceeding $10,000 (claim by natural persons only, with certain exceptions): $25 (CCP 116.230(d)(2), CCP 116.221)
- Raising amount of claim from $1,500 or less to more than $5,000 but not exceeding $10,000 (claim by natural persons only, with certain exceptions): $45 (CCP 116.230(d)(3), CCP 116.221)
- Service Fees:
- Service of copy of a claim under CCP § 116.340, for each defendant: $15 (CCP 116.232)
- Other Fees:
- Transfer of case out of small claims court (defendant’s claim exceeding jurisdictional limit): No fee (CCP 116.390)
- Request for postponement of hearing, if defendant has been served: $10 (CCP 116.570)
- Notice of appeal of small claims case: $75 (CCP 116.760)
- Motion to vacate: $20 (CCP 116.745)
- Fee for payment of judgment to court: $20 (CCP 116.860)
- Application for order of examination of judgment debtor: $60 (GC 70617(a)(6), CCP 116.820)
- Writ of execution: $40 (GC 70626(a)(1), CCP 116.820)
- Abstract of judgment: $40 (GC 70626(a)(2), CCP 116.820)
Key Takeaways:
- The filing fees vary depending on the amount of the claim.
- If you're raising the claim amount through amendments, there are additional fees based on the new claim amount.
- Service fees are charged per defendant served, and there are specific fees for certain actions like transferring a case, requesting a postponement, or filing for an appeal.
- It's important to be aware of these fees when filing your claim to budget accordingly.
For further details or updates on the fee schedule, you can check with your local court or consult the court's official website.
Venue in Small Claims Court
Venue refers to the proper location or court where a case should be filed. In Small Claims Court, the venue is determined by certain criteria related to the defendant's location or where the dispute originated.
Here are the primary factors for determining venue:
- Defendant’s Location:
- The case can be filed in the court where the defendant lives or where the defendant does business.
- If the defendant is a business or organization, the venue is generally based on the location where the business is registered or operates.
- Location Where the Dispute Arose:
- A case may also be filed in the court where the dispute occurred. This could include:
- The location where a contract was signed.
- The place where an accident happened or where damage occurred.
What to Do If You Think the Venue Is Incorrect:
- If you believe that the claim has been filed in the wrong venue (e.g., it does not meet the criteria of the defendant's location or where the dispute arose), consult with the Small Claims Advisor.
Jurisdiction in Small Claims Court
Jurisdiction refers to a court’s authority to hear and rule on specific types of cases, either within a certain geographic area or concerning particular matters. In the context of Small Claims Court:
- Types of Cases within Small Claims Jurisdiction:
- Personal Injury: Cases involving harm or injury to an individual.
- Property Damage: Claims related to damage to personal property.
- Contract Disputes: Disagreements over the terms or performance of a contract.
- Landlord/Tenant Issues: Cases related to rental agreements, property maintenance, etc.
- Claims Against Governmental Agencies: Claims involving government actions or agencies.
- Special Rules for Claims Against Governmental Agencies:
- If you are filing a claim against a governmental agency, you must first submit an administrative claim with the agency.
- Administrative Claim Denial: You cannot proceed with filing in Small Claims Court until the governmental agency has denied your claim.
- Types of Cases Outside Small Claims Court Jurisdiction:
- Child Support Orders: The court does not have the authority to make child support rulings.
- Workers' Compensation Claims: Claims related to workers' compensation are not heard in Small Claims Court.
- Unlawful Detainer Actions: Disputes over eviction or landlord-tenant relations that require formal legal procedures are outside Small Claims Court.
- Labor Board Disputes: Employment disputes involving the Labor Board cannot be handled in Small Claims Court.
Serving the Claim on All Parties
Before your case can proceed in Small Claims Court, each defendant (or plaintiff, if you're the defendant) must be served with a copy of the filed claim. This is called "service of process." The process involves delivering the claim to the defendant in a way that satisfies court rules.
Service Rules:
- Time Limits:
- 15 days before the trial if the defendant is in Monterey County.
- 20 days before the trial if the defendant is outside Monterey County.
- Exceptions: Claims involving real property owned by out-of-state defendants or car accidents involving out-of-state residents may have different rules.
- Proof of Service: You must file Proof of Service (SC-104) with the court at least two days before the trial.
Methods of Serving the Claim:
- Certified Mail (Court Clerk):
- Clerk can serve by certified mail for an additional fee. Service is complete when the signed receipt is returned.
- Personal Service:
- Any person 18+ and not a party to the case can personally serve the claim.
- Substituted Service:
- If you can't find the defendant, leave the claim with an adult at their home or office, then mail it to them. Service is complete 10 days after mailing.
- Registered Process Server:
- A process server can serve the claim and file Proof of Service.
- Sheriff’s Office:
- You can use the Monterey County Sheriff's Office for service.
Important Considerations:
- Self-service is prohibited.
- Ensure the Proof of Service is filed with the court on time.
- Incomplete or incorrect service can delay or dismiss your case.
Serving the Defendant: Who to Serve
When filing a small claims case, it's important to properly serve the defendant. Here's who to serve depending on the type of defendant:
- Individual Defendants:
- Serve the person you are suing.
- If you are suing multiple individuals (e.g., registered owner and driver of a car), serve each individual separately.
- Business Defendants:
- Single-owner business: Serve the owner of the business.
- Partnership:
- Serve one of the partners or the general partner.
- If you're suing the partnership under its business name and the partners individually, serve each partner.
- For a general partnership, serve the general partner, general manager, or the agent for service (if there is one).
- Corporations:
- Serve a corporate officer or the agent for service.
- To identify the officers or agent for service, you can:
- Governmental or Public Agencies:
- County: Serve the Risk Management Department located at 240 Church Street, Salinas, CA 93901.
- Important: You must complete the appropriate administrative procedures with the agency before filing the claim. When filing, provide the rejection letter from the agency.
- State:
- The State Attorney General's office accepts service for agencies like Cal Trans, California Highway Patrol, and most Consumer Affairs Boards and Bureaus.
- For more information, call 1-800-952-5225.
Locating a Person or Business
- For Individuals:
- If the Person Moved: Send a letter with "Address Correction Requested" to get the new address.
- If the Person Owns Property: Check with Monterey County Clerk/Recorder’s Office at (831) 755-5041 for property ownership details.
- If You Have a Phone Number: Use a Reverse Directory available at libraries.
- For Businesses:
- P.O. Box Holders: Request business details from the post office if the box is used for business.
- Corporations/Limited Partnerships: Contact the Secretary of State at (916) 657-5448 or their website for information on officers and agents.
- Sole Proprietorship/Partnership: Check Monterey County Clerk/Recorder’s Office (831) 755-5450 for fictitious business records or visit the City Clerk's Office for licensed businesses.
Preparing for Your Small Claims Court Trial
- Confirm Witnesses: Ensure that any witnesses will appear and provide testimony.
- Prepare Your Story: Present your claim in a clear, brief, and logical manner.
- Organize Exhibits: Gather documents that support your claim (e.g., photos, contracts, bills, receipts).
- Make Copies: Prepare a copy of all exhibits for each party and one for the court.
- Exhibit Organization: If exhibits are numerous, place them in a folder in the order they will be referenced.
- Communicate with the Other Party: Try to resolve the dispute before the trial.
- Observe a Trial: If possible, attend a Small Claims Court trial to observe the process.
- Arrive Early: Arrive at the courthouse at least 15 minutes before your trial.
- Exchange Exhibits: Share a copy of your exhibits with the defendant before the trial begins.
- Mediation: Consider utilizing available mediation services at the court.
- At the Trial:
- When your case is called, approach the podium/table (plaintiff on the right, defendant on the left).
- Witnesses: Remain seated until called to testify.
Appear in Court
- Individuals (Plaintiff or Defendant):
- An individual who is suing or being sued must personally appear in Small Claims Court.
- Generally, parties cannot be represented by anyone else, with the following exceptions:
- Exceptions to Appearance Requirements:
- Out-of-State Defendant (Real Property Owner):
- If the defendant owns real property in California but lives outside the state, they may be represented by another person (who is not an attorney). Alternatively, the defendant may submit written declarations in place of appearing in person.
- Active Duty Armed Forces Member:
- If a defendant is a member of the armed forces, assigned outside of California on active duty, and the assignment is longer than six months, they do not need to appear in court.
- Business Entities:
- Sole Proprietorship:
- The owner of the sole proprietorship must appear in court.
- Partnership:
- In the case of a partnership, one of the partners must appear in court.
- Corporation:
- If the business entity is a corporation, the person appearing in court must be an active employee, officer, or director of the corporation.
- The representative cannot be appointed or elected solely for the purpose of representing the corporation in court.
- Business Records as Evidence:
- In cases where a claim can be supported or disputed through business records (and there is no other dispute), the business may authorize an employee qualified to testify about the business records to appear in court on its behalf.
Appealing a Small Claims Court Judgment
- Who Can Appeal:
- Plaintiff: A plaintiff generally cannot appeal their own judgment if they lose.
- Defendant: A defendant can appeal if they lose on the other party's claim (e.g., a counterclaim).
- Defendant's Insurer: If the judgment exceeds $2,500 and the insurer covers the matter, they may appeal.
- Timeframe:
- An appeal must be filed within 30 calendar days from the judgment date or 30 days from the mailing of the Notice of Entry of Judgment.
- Filing the Appeal:
- Obtain the “Notice of Filing Notice of Appeal” (Form SC-140) from the Small Claims clerk, complete it, and file it.
- Check the court’s fee schedule for the most current filing fee.
- Appeal Process:
- The appeal is heard in Superior Court as a new case, where all evidence and witnesses must be presented again.
- On appeal, the full original claim amount may be awarded if the plaintiff wins.
- During the Appeal:
- The defendant does not need to pay the judgment during the appeal process.
- If Defendant Loses the Appeal:
- The defendant must pay the judgment plus interest and costs, including any lost earnings or transportation/lodging expenses incurred during the appeal.
- The defendant may also have to pay up to $150 in attorney’s fees.
- Court Sanctions for Frivolous Appeals:
- If the court finds the appeal was made to harass or delay, it may award up to $1,000 in attorney’s fees to the plaintiff, as well as any actual lost earnings or costs (transportation/lodging) associated with the appeal.
Postponing the Court Trial (Continuance)
- Requesting a Continuance:
- Use Application for Postponement of Trial Date (Form SC-150) to request a court date postponement.
- Submit the application to the Small Claims Clerk's office at least 10 days before the scheduled hearing, with the appropriate fee.
- If granted, the trial will be postponed for at least 15 days, and all parties will be notified of the new date.
- If No Time to Request in Advance:
- Attend the scheduled trial and ask for a continuance during the hearing.
- Alternatively, bring a written statement explaining why a new court date is needed and submit it to the Small Claims Clerk.
- Consequences of Missing the Trial:
- If the continuance is not granted and a party fails to appear, the court may rule in favor of the other party.
Changing or Amending a Claim
- Before the Claim Has Been Served:
- To change the party names or other details, file and serve an amended claim (Form SC-100 or SC-120) or dismiss the claim (without prejudice) and file a new claim.
- A new filing fee will apply.
- After the Claim Has Been Served:
- Complete Request to Amend Claim Before Hearing (Form SC-114) and deliver a copy to all parties.
- The judge or commissioner will decide on the amendment request at the hearing, which may be granted, denied, or result in a continued hearing.
- To Dismiss Defendants:
- Use the dismissal form received with your claim to remove one or more defendants.
- You do not need to notify the remaining defendants of the dismissal.
Collecting Your Judgment
- Wait for 30 Days:
- After winning a case, you must wait 30 days before attempting to collect the judgment. This 30-day period starts from the date of the decision or the mailing date of the Notice of Entry of Judgment.
- Judgment Validity:
- The judgment is valid for 10 years and can be renewed. Interest of 10% per annum begins from the date of the judgment.
- Adding Costs:
- To add collection costs to the judgment, request a Memorandum of Costs and Credits form from the Small Claims Clerk, fill it out, and return it to them.
- Satisfaction of Judgment:
- After collecting the judgment, file a Satisfaction of Judgment form with the Small Claims Clerk.
Methods of Collection
- Wage Garnishment:
- Complete a Writ of Execution (Form EJ-130) to garnish the debtor's wages.
- Submit it to the Small Claims Clerk, and then the Monterey County Sheriff or a process server will serve it. There are fees for both the Clerk and the Sheriff/process server.
- Bank Account Levy:
- You can seize funds from the debtor's bank account.
- To do this, complete a Writ of Execution (Form EJ-130) and submit it to the Small Claims Clerk.
- The Writ must then be served by the Sheriff or a process server.
- Abstract of Judgment (Lien on Property):
- File an Abstract of Judgment to place a lien on the debtor's property (e.g., land, house).
- Take the Abstract to the County Recorder’s office for recording. There is a fee for recording, and the lien will remain even if the debtor sells or acquires new property.
- The Monterey County Clerk/Recorder's office is located at 240 Church Street, West Wing, Salinas, CA.
By using these methods, you can attempt to collect the money owed to you. If the debtor refuses to pay, you may need to follow up with the proper legal procedures to enforce the judgment.
Vacating a Default Judgment
A Default Judgment occurs when the court rules against you because you did not attend the court hearing to present your side. You can't appeal the judgment directly but can request to have it vacated (removed).
How to Vacate a Default Judgment:
- File the Motion:
- Obtain the "Notice of Motion to Vacate Judgment" (Form SC-135) from the Small Claims Clerk.
- Complete and file the form with the Small Claims Clerk within 30 days of the court mailing the Notice of Entry of Judgment.
- If You Were Not Served:
- If you didn’t receive notice of the lawsuit, you have up to 180 days from learning about the Default Judgment to file the Motion to Vacate.
- Court Hearing:
- After filing, the Small Claims Clerk will set a date for the hearing.
- The judge will decide whether to vacate the judgment. Bring evidence (e.g., doctor’s letter, hospital bill) explaining why you couldn’t attend the original hearing.
- Present Your Case:
- If the judge agrees to vacate the judgment, the original case may be heard immediately. Be prepared to present your side and any supporting evidence.
- If you have witnesses who couldn't attend, you can request a continuance (a delay), though the judge may or may not grant it.
Appealing the Denial of Motion to Vacate:
- If Denied:
- If the judge refuses to vacate the judgment, you can only appeal the denial of the Motion to Vacate, not the original judgment itself.
- The appeal must be filed within 10 days of the judge’s decision.
- Filing the Appeal:
- Obtain a "Notice of Filing Notice of Appeal" form from the Small Claims Clerk or the Judicial Council website.
- Complete and file it with the Small Claims Clerk, along with the required fee.
- After the Appeal:
- If your appeal is denied, you must pay the judgment.
- If your appeal is granted, the case will likely be heard immediately, and you’ll need to present your side of the case.
In summary, if you miss your Small Claims Court hearing and get a Default Judgment, you can try to have it vacated by filing a Motion within 30 days (or 180 days if not served). If the motion is denied, you can appeal, but you must act quickly.
Courthouse Locations:
1200 Aguajito Road, 2nd Floor
Monterey, CA 93940
(831) 264-4207
https://www.monterey.courts.ca.gov/divisions/small-claims
BUILDING HOURS
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3180 Del Monte Blvd
Marina, CA 93933
(831) 264-4207
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Let Squabble Help You With Your Claim at Monterey County
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