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Small Claims Court in Placer County

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

Small Claims Court

Placer County Small Claims Court is designed to provide a simple, informal process for resolving disputes without the need for attorneys. It's particularly helpful for smaller claims and offers a cost-effective way to settle issues quickly. Here's an overview of the key points:

Key Features

  • Representation in Court
    • No Attorneys: In Small Claims Court, neither the plaintiff nor the defendant can be represented by an attorney during the trial. However, attorneys may be involved in the appeal process if the case goes beyond the 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. If you're under 18, you need a Guardian Ad Litem (a court-appointed guardian) to represent your interests.
    • Citizenship: You do not need to be a U.S. citizen to file or defend a case in Small Claims Court. This makes it accessible to individuals regardless of their citizenship status.
  • Claim Limits
    • Natural Persons (Individuals): You can seek a maximum of $12,500 in damages if you're filing as an individual.
    • Businesses: Businesses can file claims up to $6,250.
    • 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 limitation.
  • Types of Disputes Suitable for Small Claims Court
    • Consumer Issues: Such as disputes over damaged goods, e.g., if a dry cleaner damages your clothes and refuses to pay for the damage.
    • Landlord-Tenant Disputes: For example, if your landlord unlawfully withholds your security deposit.
    • Property Damage: Like if someone damages your car and refuses to pay for the repairs.
  • Claims for Money Only
    • Small Claims Court is designed exclusively for seeking monetary damages.* You cannot use it to request non-monetary relief, such as compelling someone to perform a service or act.

Common Types of Small Claims Cases

  • Dry Cleaning Disputes: For example, if a dry cleaner ruins your clothing and refuses to compensate you.
  • Security Deposit Issues: If your landlord refuses to return your security deposit after you've moved out.
  • Car Damage: If someone dents your car and refuses to cover the repair costs.

Placer Small Claims Court provides an accessible, straightforward avenue for resolving disputes involving smaller amounts of money. Whether you're an individual or a business, it helps resolve issues like consumer complaints, property damage, or landlord-tenant disputes without the need for expensive legal representation. The process is designed to be efficient with clear guidelines for who can file and what types of claims are appropriate.

Where to File Your Claim and How Much It Costs

Filing Your Claim in the Correct Court District and Associated Costs

It's important to file your claim in the correct court district to ensure that your case is processed efficiently. Here's a guide on where to file your claim and the costs involved:

Where to File Your Claim

  • Jurisdiction Options:
    • Location of the Dispute: If the dispute happened in a specific city (e.g., a car accident or property damage), you can file in the court district where the incident occurred.
    • Defendant’s Residence: You may file in the district where the defendant (the person you're suing) lives. This is a common choice when the dispute is about money or a contractual matter.
    • Business Location: If you're suing a business, you can file in the district where the business operates or conducts business.
    • Location of the Accident: For cases involving accidents (e.g., a car accident), you can file in the district where the accident took place.
    • Tip: To avoid any mistakes, always verify the jurisdictional requirements with the Clerk of the Court before you file. They can provide additional guidance based on the specifics of your case.

Filing Fees

The filing fee depends on the amount of money you're seeking in your claim. Here's the breakdown:

  1. Claims of $1,500 or Less:
    • Filing Fee: $30
  2. Claims Over $1,500 but Less Than or Equal to $5,000:
    • Filing Fee: $50
  3. **Claims Over $5,000 but Less Than or Equal to $12,500 (for **Natural Persons Only):
    • Filing Fee: $75
  4. If You’ve Filed More Than 12 Small Claims in California in the Last 12 Months:
    • Filing Fee: $100

Fee Waivers:

If you cannot afford the filing fee, you may request a fee waiver. To do this:

  • Complete the Request to Waive Court Fees form, which you can obtain at the Clerk's office at the court.
  • The court will review your financial situation, and if your request is approved, you will not have to pay the filing fee.

Final Tips

  • File in the correct district: Based on where the dispute happened, where the defendant lives, or where the accident took place.
  • Understand your filing fee: Be prepared to pay the appropriate filing fee depending on your claim amount.
  • Request a fee waiver if needed: If you are unable to pay the fee, fill out the necessary form to request a waiver.

Always double-check with the Clerk of the Court for any additional guidance or questions about where to file and what fees apply to your case.

Notify the Defendant (Service of Process)

Once you've filed your lawsuit in Small Claims Court, you must legally notify the defendant about the case. This is called service of process. It ensures that the defendant is aware of the lawsuit and has the chance to respond. Here’s a breakdown of how to properly serve the defendant:

Methods of Service

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

Proof of Service

Once the defendant has been served, the person who served the documents must complete a Proof of Service form. This form provides critical details, including:

  • 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. This ensures that the court knows the defendant has been properly notified and is aware of the scheduled court date.

Key Tips:

  • Ensure that 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 delays in your case. Proper service is vital for your case to proceed smoothly, so make sure you follow these steps carefully.

Defendant

If you are served with a Plaintiff’s Claim and Order to Defendant, it’s essential to act quickly to avoid negative consequences. Here’s what you should do:

  1. Read the Documents Carefully
    • The Plaintiff’s Claim and Order to Defendant will contain key details about your case:
      • The date, time, and location of the trial.
      • A description of the claim being made against you and the amount the plaintiff is seeking.
    • Make sure to read everything thoroughly to understand the case and how to respond.
  2. Prepare for Court
    • You must appear in court at the specified date and time. If you don’t show up, the court may rule against you by default, meaning the plaintiff could win the case without you having the chance to present your side.
  3. Gather Your Evidence
    • Collect any documents, receipts, contracts, photographs, or other evidence that support your defense.
    • If you have witnesses who can help your case, make sure they are available to testify.
    • The more organized and thorough your evidence, the better your chances of success in court.
  4. Respond if Necessary
    • If you believe the plaintiff owes you money or has wronged you in some way, you may need to file a Response or Counterclaim.
    • This step is necessary if you want to make your own claim against the plaintiff. Check with the court for specific rules and required forms.
  5. Appearing in Court
    • Arrive early to the trial with all your evidence and documents.
    • When your case is called, you will have the opportunity to present your defense, explain your side of the dispute, and provide supporting evidence.
  6. What if You Cannot Attend the Hearing?
    • If you are unable to attend the trial (due to illness, a scheduling conflict, etc.), immediately contact the court to request a continuance (a postponement).
    • Be sure to explain the reason for your absence and provide any necessary documentation, like 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 could lose the case without having the chance to defend yourself.

Consequences of a Judgment

  • If the plaintiff wins, a judgment could lead to several collection actions, including:
    • Wage garnishment
    • Property liens
    • Bank levies
    • Other actions to recover the money owed.

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 right away and seek a rescheduling.

By attending the trial and presenting your defense, you give yourself the best chance to resolve the dispute fairly and potentially avoid a judgment against you.

Plaintiff Owes You Money

If you believe that the plaintiff owes you money as a result of the dispute, you have the right to file a Defendant’s Claim and Order to Plaintiff. Here’s everything you need to know:

  • What is a Defendant’s Claim?
    • A Defendant’s Claim allows you to make a counterclaim in response to the plaintiff’s claim. Essentially, while the plaintiff is suing you, you can also ask the court to hold the plaintiff liable for money they owe you. It ensures that both claims are considered together.
  • When to File a Defendant’s Claim
    • You should file the Defendant’s Claim before the hearing, ideally when you are responding to the plaintiff’s claim. This way, both claims can be heard at the same time during the trial.
  • How to File a Defendant’s Claim
    1. Fill out the Defendant’s Claim and Order to Plaintiff form:
      • You can obtain the form at the court or online.
  1. File it with the court:
    • You must file your Defendant’s Claim with the same court where the plaintiff filed their claim.
  2. Pay the filing fee:
    • The filing fee is usually similar to the Plaintiff’s Claim fee. Be sure to check with your court for the exact fee amount.

Important Considerations

  • Provide strong evidence:
    • Clearly explain why you believe the plaintiff owes you money. Include any receipts, contracts, emails, or witness statements that support your claim.
  • Serve the Defendant’s Claim:
    • You need to notify the plaintiff of your claim. This can be done by:
      • Personal service
      • Certified mail
      • Law enforcement (such as a sheriff)
    • The process is similar to how the plaintiff served you with their claim.

Presenting Your Case

  • At the hearing:
    • You will have the opportunity to present your Defendant’s Claim and supporting evidence.
    • The plaintiff will present their case as well, explaining why you owe them money.

What Happens Next?

  • Same Court Hearing:
    • Your Defendant’s Claim will be heard during the same hearing as the plaintiff’s claim.
  • The Judge Will Decide:
    • The judge will consider both the plaintiff’s claim and your Defendant’s Claim. Based on the evidence presented, they will make a decision.

Possible Outcomes

  • If the judge finds in your favor:
    • You may be awarded the money that the plaintiff owes you.
  • If the judge finds in the plaintiff’s favor:
    • You may be required to pay the amount the plaintiff is claiming from you.

Key Takeaways:

  • You can file a Defendant’s Claim if you believe the plaintiff owes you money.
  • It should be filed before the hearing and will be heard during the same trial.
  • Be sure to gather strong evidence to support your claim.
  • Serve the claim to the plaintiff using the appropriate method. Filing this claim ensures that the court considers your side and any counterclaim against the plaintiff.

By filing a Defendant’s Claim, you ensure that your claim is heard and that both sides of the dispute are addressed fairly during the trial.

Trial

Preparing for Your Trial in Small Claims Court

Proper preparation is crucial to presenting a strong case in Small Claims Court. Follow this step-by-step guide to ensure you’re ready for the trial:

  1. Gather Your Evidence
    • Documents: Bring all relevant evidence such as receipts, invoices, contracts, letters, canceled checks, and any other documents supporting your claim or defense.
    • Organize your evidence: Make sure your evidence is well-organized. It’s a good idea to bring multiple copies for the judge, the plaintiff (if applicable), and 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 case.
  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 compels a person or organization to bring documents to court.
    • How to request: File the subpoena with the court, and it must be served on the person or entity holding the documents.
  3. Witnesses
    • Bring witnesses: If someone can testify on your behalf, ensure they know the time and location of the trial.
    • 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: Ensure the subpoena is served well before the trial date.
  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 in advance to arrange this service.
    • Interpreter for other languages: The court does not provide interpreters for languages other than American Sign Language. If you need one, 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 presenting their case. They will call witnesses and present evidence.
    • Defendant’s case next: After the plaintiff has presented, the defendant (you, if you're being sued) will have the chance to present your defense, call witnesses, and 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 and focus on the facts supporting your claim or defense.
    • Be concise: Keep your statements brief and to the point. Judges are interested in facts and evidence, not long-winded explanations.
    • Remain respectful: Always stay calm and respectful to the judge, the other party, and any witnesses.
  7. Be Ready for the Outcome
    • After both parties have presented their cases, the judge may either:
      • Make an immediate decision.
      • Take the case under advisement and provide a written decision later.
    • Know what you're asking for: Be clear about what you are seeking—whether it’s a specific amount of money or dismissal of the case.

Cannot attend to the Court Trial

If you cannot attend your Small Claims Court trial, it’s crucial to take the proper steps to avoid negative consequences such as a default judgment. Here's what you should do:

  1. Notify the Court and Other Parties
    • Notify in Writing: If you’re unable to 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 and, if applicable, request a rescheduling of the trial date.
  2. Request a Postponement
    • Submit a Request: Either party (plaintiff or defendant) can submit a written request to reschedule the trial.
    • Deadline: Your request must be submitted at least 2 weeks before the scheduled trial date.
    • Fee: There is a $10 fee to request a rescheduling of the hearing.
    • Court Approval: The court must approve your request for rescheduling. The other party has the right to object to the delay, which the judge will consider when making a decision.
  3. Consequences of Missing the Trial Without a Postponement
    • Plaintiff’s Case: If the plaintiff fails to show up for 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 the trial without rescheduling, the judge may enter 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 the trial, start the process of requesting a postponement as early as possible. This will give you enough time to avoid complications and ensure that you meet all deadlines and requirements.

Key Takeaways:

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

Appeal

If you disagree with the judgment in your Small Claims Court case, you have the right to file an appeal, but it must be done within a specific time frame and following certain guidelines.

Who Can Appeal?

  • Defendant: The defendant (the person who was sued) is the primary party who can appeal a Small Claims judgment.
  • Plaintiff: The plaintiff (the person who filed the lawsuit) can only appeal on 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:

  1. Timeline:
    • You must file your appeal 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.
  2. Filing Location:
    • The appeal must be filed in the Clerk’s office of the Superior Court.
  3. Filing Fee:
    • The filing fee for an appeal is $75. This must be paid when you file the appeal at the Clerk’s office.

What Happens After Filing the Appeal?

  • Superior Court Hearing: The appeal will be heard in Superior Court by a different judge.
    • The appeal process typically focuses on errors in the application of the law rather than re-arguing the facts of the case.
    • Be prepared to present your case again, but note that appeals are usually not a reexamination of the entire case.

Key Considerations:

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

Key Takeaways:

  • The defendant can appeal a Small Claims judgment, and the plaintiff can appeal a counterclaim ruling.
  • File the appeal within 30 days of the judgment (or 10 days if the motion to vacate is denied).
  • File the appeal at the Superior Court Clerk’s office and pay the $75 fee.
  • Prepare for a new review of the case by a Superior Court judge, but appeals focus on legal errors, not facts.

Collect your Money

If you've won a judgment in Small Claims Court and the defendant hasn't paid, you still have options to collect the money you're owed. Here's an overview of the collection methods available to you:

  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 during this time, several methods can be used to collect the money. Here are the main collection options.
  2. Collection Options
    • A. Writ of Execution
      • What it Does: A Writ of Execution is an order from the court that allows the Sheriff to collect money directly from the defendant's paycheck or bank account.
      • How to Obtain It: To obtain a Writ of Execution, you must file a request with the court. If you know where the defendant works or banks, the Sheriff can collect the debt directly from those 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 off the debt.
      • How to Obtain It:* File a request for the Abstract of Judgment with the court, and then file it with the County Recorder where the property is located.
      • Fee: The court fee for the Abstract of Judgment is $40, and the County Recorder may charge a separate filing fee.
    • C. Judgment Debtor Hearing (SC-133)
      • What it Does: If you're unsure where the defendant works, banks, or what assets they have, you can request a Judgment Debtor Hearing. At this hearing, you can question the defendant about their financial situation and assets.
      • How to Apply: You need to file a request for a Judgment Debtor Hearing, and the defendant must be personally served with notice of the hearing.
      • Fee: The application fee for the 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 learn where the defendant works or banks, you can request a Writ of Execution to collect the debt.
  3. Sheriff Enforcement
    • What the Sheriff Does: Once you obtain a Writ of Execution, you can take it to the Sheriff's Office. The Sheriff will attempt to collect the debt from the defendant on your behalf.
    • Fees: The Sheriff’s Civil Unit may charge additional fees for enforcement. Contact the Sheriff's office for details on the fees and procedures.
  4. Failure to Appear at the Judgment Debtor Hearing
    • If the Defendant Fails to Appear: If the defendant does not show up for the Judgment Debtor Hearing, there may be additional legal remedies available to you. Refer to Local Rule 1303 for more information on possible actions the court can take in this case.

Important Reminders:

  • Collection Fees: In addition to court fees for obtaining a Writ of Execution or Abstract of Judgment, the Sheriff may charge separate enforcement fees. Contact the Sheriff's office for details on these fees.
  • Tracking Information: If the defendant refuses to provide financial information or doesn’t appear at the Judgment Debtor Hearing, you might want to hire a professional to track down their assets or financial information.

By utilizing these collection options and being persistent, you increase your chances of successfully collecting the money you're owed. If you need assistance, consider consulting with a legal professional or advisor to guide you through the collection process.

Satisfaction of Judgment

Steps to Take After Receiving Payment from the Defendant If the defendant pays you the money either before the trial date or after a judgment has been entered, you must follow these steps to ensure that the case is officially closed:

  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 you the money owed.
    • 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 receiving the payment, you must file the SC-7008 form with the court to officially notify them that the case has been resolved and the debt has been paid in full.
    • Why It's Important: If you don't file this form, the defendant could potentially claim that they still owe money, and could even file a lawsuit against you for non-payment.
  3. Notify the Court
    • Notification: By filing the SC-7008 form, you are officially informing the court that the case has been resolved and that the judgment has been satisfied. This effectively ends the legal process related to that case.
  4. Additional Considerations
    • Timeliness: It's important to submit the form as soon as possible after you receive the payment. This helps to avoid confusion or complications regarding 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.

Courthouse Locations:

Superior Court of California / Placer County

10820 Justice Center Drive
Roseville, CA 95678
(805)408-6000

https://www.placer.courts.ca.gov/divisions/civil

BUILDING HOURS

  • Mon - Fri: 8:00 AM - 4:00 PM; except court holidays.

CITIES SERVED

  • Roseville
  • Rocklin
  • Lincoln
  • Granite Bay
  • Auburn
  • Loomis
  • Meadow Vista
  • Kings Beach
  • Colfax
  • Newcastle
  • Sunnyside-Tahoe City
  • Sheridan
  • Dollar Point
  • Cedar Flat
  • Penryn
  • Tahoe Vista
  • Foresthill
  • Alta
  • Carnelian Bay
  • Dutch Flat

Let Squabble Help You With Your Claim at Placer 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 Placer 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.

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