Small Claims Court in San Luis Obispo County

In San Luis Obispo County, CA small claims cases are filed in the Small Claim Court. San Luis Obispo County has two Courthouses that handle 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 San Luis Obispo Court System.

Small Claims Court

San Luis Obispo County small claims court is designed to help people resolve disputes quickly and easily, with a simpler process and informal rules. Here’s a quick overview of the key points:

• Plaintiff and Defendant: The person who brings the case is the plaintiff, while the person being sued is the defendant.
• Lawyers in Court: You can consult a lawyer for advice before your court date, but lawyers are not allowed to represent you during the court proceedings.
• Claim Limits:
  • If you're suing an individual, your claim can't exceed $12,500.
  • If your claim is over $12,500, you have two options:
    • File a limited civil case for the amount exceeding $12,500.
    • File in small claims court but give up the right to claim anything above $12,500.
• Limit on Filing: You can only file two small claims cases for amounts over $2,500 within a calendar year.

Before you file a Claim

Here are the key requirements and important points to keep in mind when filing a claim in small claims court:

• Age Requirement:
  • You must be at least 18 years old to file a claim. If you're under 18, you can ask the court to appoint a guardian ad litem (typically a parent, relative, or adult friend) to represent you.
• Demand Requirement:
  • Before filing a claim, you should make an effort to resolve the issue by asking the defendant to pay or settle. If the defendant refuses or doesn’t respond, then you can proceed with filing the claim in small claims court.
• Ownership of the Claim:
  • You must be the original owner of the claim. For example, if you bought the claim from someone else, you can’t file it in small claims court unless the claim is specifically assigned to you under certain exceptions.
• Appearance Requirement:
  • You are required to attend the hearing in person unless you are filing on behalf of a corporation, association, or other entity.
    • If the claim is filed by a corporation, an employee, officer, or director of the corporation must appear for it.
    • If the claim involves an association or other entity, a regularly employed person from that entity must attend the hearing.
• Possession of Property:
  • If your claim involves regaining possession of property, you must first ask the defendant to return the property before filing the claim.

These rules are in place to ensure fairness and that the right party is pursuing the claim. Being aware of these requirements before filing will help ensure that your case is valid and processed smoothly.

Types of Cases

In Small Claims Court, some of the most common types of cases include:

1. Car Accidents:
   • If you’re involved in a car accident where the other party is at fault, you can file a claim to recover costs for vehicle repairs, medical bills, or any other damages resulting from the accident.
2. Property Damage:
   • If someone damages your property—whether it’s breaking a window, damaging personal belongings, or causing harm to your home—you can file a claim to seek compensation for the damages.
3. Landlord/Tenant Rent Deposit Disputes:
   • If your landlord refuses to return your security deposit, or unfairly withholds part or all of it, you have the right to file a claim to recover the amount owed.
4. Collection of Money Owed:
   • This covers situations where someone owes you money and refuses to pay, such as unpaid loans, services, or bills.

These types of cases usually involve smaller amounts of money, which is why Small Claims Court is often a more affordable and quicker alternative to formal legal proceedings.

Waiting Period:

After filing your claim, you may have to wait 60 to 70 days before your case is heard. This gives the court time to process paperwork, schedule the hearing, and notify the other party. The exact wait time can vary depending on the court’s schedule and your case specifics.

During this waiting period, it's important to stay prepared:

• Gather Your Evidence: Collect any relevant documents, receipts, photos, or contracts that support your claim.
• Organize Your Documents: Having everything in order will help you present a stronger case.
• Stay Ready for Your Hearing: Once your hearing is scheduled, make sure you're fully prepared to present your case in court.

Being proactive during the waiting period can help ensure your case is handled efficiently.

Plaintiff

Here’s a concise summary of the steps to take when filing a claim in Small Claims Court:

1. Contact the Other Party
   • Attempt to resolve the dispute directly with the defendant. If that doesn't work, consider mediation.
2. Familiarize Yourself with Small Claims Court Procedures
   • Research the court rules, including claim limits. Ensure you know the exact amount you're claiming, including any extra costs.
3. File the Claim
   • Complete the appropriate form (SC-100), pay the filing fee, and if applicable, file a fictitious business name declaration.
4. Arrange for Service of Process
   • Serve the defendant with the claim, and submit Proof of Service (Form SC-104) to the court. Ensure the defendant gets proper notice at least 15-30 days before the hearing.
5. Prepare for the Hearing
   • Organize your evidence (receipts, contracts, photos) and prepare any witnesses. Anticipate potential defenses from the defendant.
6. Keep Communication Open
   • Attempt to resolve the dispute with the defendant before the hearing if possible.
7. Attend the Hearing and Present Your Case
   • Present your evidence clearly and concisely. Be respectful, professional, and follow the judge’s instructions.

By following these steps, you'll be well-prepared to present your case in Small Claims Court.

Defendant

As a defendant in a small claims case, follow these key steps to prepare:

1. Contact the Plaintiff: Try to resolve the dispute before the hearing, possibly through mediation, to save time and money.
2. Understand the Process: Familiarize yourself with small claims court procedures, the claim limits, and the plaintiff's evidence.
3. Consider a Counterclaim: If you have a valid claim against the plaintiff, file a counterclaim to address both issues at once.
4. Prepare for the Hearing: Gather evidence (contracts, receipts, photos) and have witnesses available. Be ready to counter the plaintiff’s arguments.
5. Keep Communication Open: Continue trying to resolve the issue with the plaintiff, even after being served.
6. If You Owe Money: Try paying before the hearing or propose a payment plan, and bring proof to court.
7. Request a Postponement: If needed, request more time to resolve the issue or gather evidence.
8. Avoid a Judgment: Work to settle before the hearing to prevent a judgment that could affect your credit.
9. Attend the Hearing: Present your case clearly, be respectful, and answer questions truthfully.

Key Tips:

• Don’t Ignore the Case: Missing the hearing can result in a default judgment.
• Prepare Early: Organize documents and witnesses in advance.
• Stay Professional: Maintain respect and professionalism throughout.

These steps will help you effectively manage your case in small claims court.

Where to File

When filing a small claims case, it’s essential to file in the correct court and judicial district, known as the venue. Filing in the wrong venue could lead to your case being dismissed unless all defendants agree to have it heard there. Here's a quick guide to determine the correct venue:

1. Where the Defendant Lives or Business Is Located
   • Individuals: File in the district where the defendant lives.
   • Businesses: File in the district where the business is located.
2. Where the Damage or Accident Happened
   • For property damage or accidents (e.g., car accidents), file where the incident occurred.
3. Where the Contract Was Signed or Performed
   • If the case involves a contract, file where the contract was signed or where its terms were carried out.
4. For Corporations
   • For a corporation, file where the contract was signed or where the corporation does business (e.g., office or facility).
5. Retail Installment Accounts or Sales Contracts
   • File where the defendant lives, where the contract was signed, or where the goods/vehicles are kept.

Key Considerations:

• Wrong Venue: If filed incorrectly, your case may be dismissed, but you can avoid this if all defendants agree to the venue.
• Multiple Defendants: If there are multiple defendants, follow the correct venue rules for each.
• Importance of Venue: The correct venue ensures the case is heard in a court with jurisdiction over the matter, preventing delays or dismissals.

If you’re unsure, it’s always helpful to consult with a court clerk to confirm the correct venue. Proper venue choice keeps your case on track and prevents unnecessary issues.

Notifying the Defendant of the Claim

Properly notifying the defendant about your lawsuit is crucial to avoid delays or dismissal. This process is known as service of process, and it ensures that the defendant receives a copy of your claim. You cannot serve the defendant yourself, and there are four accepted methods:

1. Service by a Law Officer
   • Fee: There is a fee for this me thod.
   • How It Works: A law enforcement officer (e.g., sheriff) delivers the claim to the defendant.
2. Process Server
   • Fee: There is typically a fee for this service.
   • How It Works: You can hire a process server, who must be at least 18 years old and not involved in your case. These professionals can serve the defendant for a fee.
3. Certified Mail
   • Fee: There is a fee for this service.
   • How It Works: The court clerk can send the claim to the defendant by certified mail. You must confirm with the court that the defendant received the notice by checking the returned receipt.
4. Substituted Service
   • How It Works: If you can't serve the defendant directly, you can serve someone else at the defendant’s home or business (e.g., a family member or roommate). There are specific rules for this method that must be followed exactly.

Important Notes:

• Deadline for Service: The defendant must be served before a specific date to avoid delays:
  • Within the County: Service must be completed at least 10 days before the trial.
  • Outside the County: Service must be completed at least 15 days before the trial.

Make sure to check with the court to confirm that all documentation (e.g., certified mail receipt) has been returned properly before your hearing. Proper service ensures your case moves forward without complications.

Cost

In Small Claims Court, the filing fees depend on the amount of your claim and how many claims you've filed in the past 12 months. Here's a breakdown:

For the first 12 claims in a year:

• $1,500 or less: Filing fee is $30.
• Greater than $1,500 but less than or equal to $5,000: Filing fee is $50.
• Over $5,000: Filing fee is $75.

After filing 12 claims in a year:

• $5,000 or less: Filing fee increases to $75.
• Over $5,000: Filing fee increases to $100.

Additional Notes:

• Filing fees are the same across all counties in the state.
• If you can't afford the fees, you can request a fee waiver by filing the appropriate form with the court.

These fees help to cover administrative costs and vary based on your claim's value and filing history.

Hearing

When attending your Small Claims Court hearing, it’s crucial to present your case clearly and provide solid evidence. Here’s what you should bring:

Types of Evidence to Bring:

• Witnesses:
  • If someone can testify about relevant events or circumstances, bring them with you. Their testimony can help support your case.
• Photos:
  • Visual evidence is powerful. If you're claiming damage or injury, bring photos that clearly show the issue (e.g., property damage).
• Bills and Receipts:
  • Bring any documents that show payments made or expenses incurred. These can prove financial losses or payments for goods or services.
• Contracts:
  • If your case involves a written agreement, bring the contract. This can clarify terms and support your position if there's a dispute about what was agreed upon.
• Other Relevant Documents:
  • Any other materials that can strengthen your case, such as emails, letters, or other correspondence related to the dispute.

By bringing organized, clear evidence, you'll help ensure that your case is presented effectively in court.

After the Hearing

During your Small Claims hearing, the judge (or sometimes a Commissioner or temporary judge) will listen to both sides of the case. Afterward, they may:

• Issue a decision immediately during the hearing, or
• Take the case under advisement and mail you the decision later.

Temporary Judges (Judge Pro Tem):

• In some cases, a temporary judge (often a qualified lawyer) may hear your case. They have the same authority as a regular judge.
• If you prefer a regular judge instead, you can request one. However, this may require rescheduling, which could lead to a longer wait for your hearing.
• Being well-prepared with solid evidence and a clear understanding of the process will help you present your case effectively in Small Claims Court.

Appeal

In Small Claims Court, the appeal process can be tricky. Here’s a breakdown:

Who Can Appeal?

• Plaintiff (The Person Who Filed the Claim):
  • No appeal rights. If you’re the plaintiff and lose the case, you cannot appeal. Once the judge rules, the decision is final.
• Defendant (The Person Being Sued):
  • You have the right to appeal if you lose the case. You can file an appeal for a different judge to review your case.

What If You Missed the Hearing?

If you missed the hearing, you cannot appeal just because of that. However, you may request the judgment be vacated and a new hearing scheduled. This is a separate process and may require special steps.

Filing an Appeal:

To file an appeal, you must submit a Notice of Appeal (form SC-140), either in person or by mail.

• Deadline: You have 30 days from when the court mails the Notice of Entry of Judgment to file the appeal.
• Cost: The filing fee for an appeal is $75.

What Happens After You File an Appeal?

Once you file the appeal, a new hearing will be scheduled with a different judge. At this new hearing, you’ll need to:

• Present your evidence again.
• Explain why you disagree with the previous judgment.

Key Differences in the Appeal Hearing:

Unlike the original hearing, where neither party can have a lawyer, during an appeal:

• Both parties can have legal representation.
• The judge will review the case from scratch and may allow new arguments or evidence, so be well-prepared.

Final Consideration:

Appeals involve more steps and can delay the resolution of your case, so follow all procedures carefully and be ready for potential delays.

Statute of Limitations

When considering whether it’s too late to file a claim in Small Claims Court, you need to be aware of the statute of limitations—the time limit within which you must file your case. If you miss this deadline, your right to pursue the case may be lost. Here's a breakdown of common time limits for different types of claims:

1. Personal Injury
   • Time Limit: 2 years from the date of the 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 breaches a verbal contract, you have two years from the breach to file your claim.
3. Written Agreement
   • Time Limit: 4 years from the date the agreement was broken.
   • Example: If a written contract is violated, you have four years from the breach to take action.
4. Property Damage
   • Time Limit: 3 years from the date the damage occurred.
   • Example: If your property is damaged (e.g., vandalism), you have three years to file a claim.
5. Fraud

• Time Limit: 3 years from when you discovered the fraud or should have reasonably discovered it.
• Example: If you’re defrauded, you have three years from when you realized the fraud to file a claim.

6. Suing a Government Agency
   • Time Limit: 6 months to file a claim with the government agency.
   • Process: First, file with the government agency within six months. If the agency denies or doesn’t respond in 45 days, you have six months to file in Small Claims Court.

What Happens if You Miss the Statute of Limitations?

If you miss the statute of limitations, the court will likely dismiss your case, as it will be considered time-barred. Therefore, it's important to be aware of these time limits and file your claim promptly.

If you're uncertain about the statute of limitations for your case, it's often best to file as soon as possible, and let the court decide if the claim is still valid.

Court

In Small Claims Court, you must appear in person to represent yourself, but there are a few exceptions where someone else may represent you. Here's a breakdown of these exceptions:

Exceptions to the Rule:

• Active Military Duty:
  • If you are on active duty and stationed away from home for more than six months, you may be allowed to send someone else to represent you.
  • What You Need: You must file the Authorization to Appear (Small Claims) form SC-109 to permit another person to represent you.

2. Business Cases:
   • Sole Proprietor: If you are the only owner of a business, you typically must appear in court. However, if you can prove your claim with business records (e.g., business accounts), a regular employee with knowledge of the business may appear on your behalf.
   • Business with Partners: If your business has partners, one of the partners must attend the hearing.
   • Corporations: If your business is a corporation, an employee, officer, or director (who holds an official position) can appear for the company. This person cannot be someone hired just for representation.

Why These Rules Matter:

• These rules ensure that the person attending the hearing has direct knowledge of the case, business operations, or financial details, promoting fairness and accuracy in the hearing.
• For more details, you can refer to Civil Code of Procedures Section 116.540, which outlines who can represent you under various circumstances.
• If you're unsure about whether you qualify for one of these exceptions, it’s a good idea to contact the court for clarification.

Collect

Once you win a Small Claims Court case, the court will provide you with the necessary documents to help collect your judgment, but the responsibility for collecting the debt falls on you. Here are the key tools you can use to attempt collection:

Collection Tools:

1. Wage Garnishments: You can have a portion of the debtor's wages directly deducted by their employer and paid to you until the debt is settled.
2. Bank Levies: This involves freezing the debtor's bank account and seizing the funds in it to satisfy the judgment.
3. Property Liens: A lien can be placed on the debtor’s property, preventing them from selling or refinancing it until the debt is paid.

Important Considerations:

1. Debtor’s Ability to Pay: If the debtor has no income or assets, it may be difficult or even impossible to collect the judgment. Collection efforts may not be successful if the debtor has limited financial means.
2. Payment Plans: The debtor may offer a payment plan. You can choose to accept it, but make sure the terms are clearly documented and agreed upon. You’re not obligated to accept any offer.
3. Cost and Time: Debt collection can be a lengthy and expensive process. Sometimes, the cost of pursuing the debt may outweigh the amount you recover.
4. Decision to Continue Collection: You may need to decide whether it's worth pursuing further collection efforts if the debtor is avoiding payment or if the collection process appears unlikely to recover the full amount owed.

Realistic Expectations:

The collection process may be challenging, and success is not guaranteed. Before continuing, weigh the costs, time, and likelihood of success. Consulting a professional or attorney with experience in debt collection might be helpful to navigate this process effectively.

Enforcement of the judgment

You're absolutely right—judgment enforcement can be a slow and complex process. Staying organized and keeping track of deadlines is essential to ensure you're maximizing your chances of successful collection. Here's a summary of the 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 appeal. During this time, you cannot begin collecting the debt.
   • If an Appeal is Filed: Collection efforts can only begin after the appeal is resolved. If the appeal is denied, you can proceed with enforcement.
2. Judgment Enforcement Timeline:
   • Enforceable for 10 Years: A judgment is enforceable for 10 years from the date it is entered.
   • Renewing the Judgment: You can renew the judgment for an additional 10 years before it expires.
   • Important Limitation: After renewing, you must wait 5 years before you can renew the judgment again.
3. Judgment Debtor's Statement of Assets (SC-133):
   • Debtor Must Provide Financial Information: If the debtor doesn't appeal, file a motion to vacate, or voluntarily pay, they must complete and send you the SC-133 form (Judgment Debtor's Statement of Assets).
   • Purpose: The form provides information on the debtor’s income, assets, and bank accounts, which helps you decide how to enforce the judgment (e.g., garnishing wages or levying bank accounts).
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 necessary, you can schedule a debtor's examination, where the debtor will be required to appear in court and answer questions about their financial situation.
5. Tracking Renewals and Deadlines:
   • Keep Track of Dates: It's crucial to track both the appeal period and renewal deadlines. Missing these dates could prevent you from extending the judgment or initiating enforcement actions.

Final Tip:

Enforcing a judgment can take time and persistence, especially if the debtor has few assets or tries to avoid payment. However, by staying diligent with the deadlines and available enforcement tools, you can improve your chances of successfully collecting the judgment. If you encounter resistance, consulting with a legal professional may provide additional avenues for enforcement.

Let Squabble Help You With Your Claim at San Luis Obispo 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 San Luis Obispo 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:

Paso Robles Branch

901 Park Street
Paso Robles, CA, 93446
(805) 706-3600
https://www.slo.courts.ca.gov/self-help/small-claims

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 12:00 p.m., except court holidays.

San Luis Obispo Branch

1050 Monterey St, Room 220
San Luis Obispo, CA 93408
(805) 706-3600, option 4
https://www.slo.courts.ca.gov/self-help/small-claims

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 12:00 p.m., except court holidays.

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