Small Claims Court in Santa Barbara County

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

Small Claims Court

Santa Barbara Small Claims Court is a convenient and informal venue where individuals and businesses can resolve disputes, particularly for smaller claims, without the need for expensive attorneys or legal representation. The goal is to provide a streamlined process for people to resolve their issues in a cost-effective and efficient manner.

Key Points:

1. Representation in Court:
   • No Attorneys: Attorneys are not allowed to represent plaintiffs or defendants in Small Claims Court. However, attorneys can be involved in appeals after a case has been decided.
2. 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 are under 18, you must have 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, which makes it accessible to individuals regardless of their citizenship status.
3. Claim Limits:
   • Natural Person (Individual): The maximum claim amount is $12,500. This is the maximum amount you can seek if you're filing as an individual (not a business).
   • Business Claims: For claims filed by businesses, the maximum claim amount is $6,250.
   • Multiple Claims: You are limited to filing two claims over $2,500 each calendar year. Claims of $2,500 or less can be filed without this limitation.
4. Types of Disputes Suitable for Small Claims Court:
   • Consumer Issues: For example, if a dry cleaner damages your clothes and refuses to compensate you for them.
   • Landlord-Tenant Disputes: Such as a landlord withholding a security deposit without cause.
   • Property Damage: For instance, if someone damages your car and refuses to cover the repair costs.
5. Claims for Money Only:
   • Small Claims Court is used exclusively to seek monetary damages. You cannot file a claim in Small Claims Court to seek non-monetary relief (e.g., requiring someone to perform a service or act).

Examples of Common Small Claims Cases:

• Dry Cleaning Disputes: If a dry cleaner ruins your clothing and refuses to pay for the damage.
• Security Deposit Issues: If your former landlord refuses to return your security deposit.
• Car Damage: If someone dents your car and refuses to pay for repairs.

Small Claims Court offers an accessible way to resolve disputes involving smaller amounts of money, without the need for attorneys. Whether you’re an individual or a business, Small Claims Court can help you address issues such as:

• property damage
• contract disputes
• consumer complaints

Where to File Your Claim and How Much It Costs

Filing your claim in the correct court district is essential to ensuring your case moves forward smoothly. Here's how you can determine where to file and what the associated costs are:

Where to File Your Claim:

1. Jurisdiction Options:
   • Location of the Dispute: You can file where the dispute occurred. For example, if your car was damaged in a specific city, you can file in that city's court.
   • Defendant’s Residence: You can file in the district where the person you are suing lives.
   • Business Location: If you’re suing a business, you may file in the district where the business operates or does business.
   • Location of the Accident: If your case involves an accident (e.g., car accident), you can file in the district where the accident occurred.
   • Tip: Always check with the Clerk of the Court for specific jurisdictional requirements for your case to avoid mistakes.
2. Filing Fees: When you file a claim, you will need to pay a filing fee based on the amount you are seeking. Here's a breakdown of the fees:
3. Claims of $1,500 or Less:
   • Filing Fee: $30
4. Claims Over $1,500 but Less Than or Equal to $5,000:
   • Filing Fee: $50
5. Claims Over $5,000 but Less Than or Equal to $12,500 (for Natural Persons Only):
   • Filing Fee: $75
6. 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 fees, you may be eligible to request a fee waiver. To do this:

• You must complete the Request to Waive Court Fees form, which you can obtain from the Clerk’s office at the court.
• The court will review your request, and if approved, you will not have to pay the filing fee.

Make sure to file your claim in the proper district based on the location of the dispute, the defendant’s residence, or the accident's location. The filing fee is determined by the amount of your claim, and if you are unable to afford the fees, you can apply for a fee waiver to avoid paying them. Always check with the Clerk of the Court for guidance if you're unsure where to file or if you're eligible for a fee waiver.

Notify the Defendant (Service of Process)

Once you have filed your lawsuit in Small Claims Court, you must legally notify the defendant about the case. This is known as service of process. Proper service ensures that the defendant is informed of the lawsuit and has the opportunity to respond. Here’s how to properly serve the defendant:

Methods of Service:

1. Service by a Law Enforcement Officer:
   • Who Can Serve: A law enforcement officer (like a sheriff) can serve the defendant.
   • Details: You will need to contact your local Sheriff’s Civil Office to inquire about the costs and process for this type of service.
   • Cost: The cost may vary depending on your location and the sheriff's office.
2. Personal or Substitute Service:
   • Who Can Serve: Anyone who is over 18 years old and not involved in the lawsuit can serve the defendant.
   • Personal Service: This means handing the legal documents directly to the defendant.
   • Substitute Service: If the defendant is unavailable, the documents may be left with someone at their home or business who is over 18 and likely to pass the documents along to the defendant.
3. Certified Mail:
   • How It Works: The Clerk of the Court can serve the defendant by sending the documents through certified mail.
   • Cost: There is a $15 fee for certified mail.
   • Limitations: Only the Clerk of the Court can handle certified mail service, and the defendant must sign for the mail in order for the service to be considered complete.

Proof of Service:

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

• When and where the defendant was served
• The method of service used (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 helps the court verify that the defendant has been properly notified of the lawsuit and is aware of the court date.

Key Tips:

• Make sure the person serving 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 service.
• Always track the submission of the Proof of Service to avoid delays in your case.

Defendant

If you are served with a Plaintiff’s Claim and Order to Defendant, it is important to take immediate action to avoid negative consequences. Here's what you should do:

Steps to Take if You Are Served:

1. Read the Documents Carefully:
   • The Plaintiff’s Claim and Order to Defendant will include important details such as the date, time, and location of the trial. It will also outline the claim being made against you and the amount the plaintiff is seeking.
2. Prepare for Court:
   • You are required to appear in court at the specified date and time. Failure to appear could result in a default judgment against you, meaning the court could rule in favor of the plaintiff without hearing your side of the story.
3. Gather Your Evidence:
   • Collect any documents, receipts, contracts, photos, or other evidence that support your case. If there are witnesses who can testify on your behalf, be sure to have them ready.
4. Respond if Necessary:
   • In some cases, you may need to file a Response or Counterclaim (if you believe the plaintiff owes you money or has wronged you in some way). Check with the court for the specific rules and forms required for your case.
5. Appearing in Court:
   • On the day of your trial, be sure to arrive early with all your documents and evidence in hand. You will have the opportunity to present your side of the case, explain your defense, and offer any supporting evidence.
6. If You Cannot Attend the Hearing:

• If you cannot attend for any reason (e.g., illness, scheduling conflict), contact the court immediately to request a continuance (postponement) or rescheduling. The court may grant this request, but you must notify them ahead of time and provide a valid reason.

You Do Not Appear in Court

• Default Judgment: If you fail to appear in court, the judge may rule in favor of the plaintiff by default, meaning they will likely win the case, and a judgment may be entered against you.
• Consequences of a Judgment: A judgment could lead to:
  • Wage garnishment
  • Property liens
  • Bank levies
  • Other collection actions to recover the money owed.

Key Takeaways:

• Appear in Court: It is crucial to attend the trial on the scheduled date to defend yourself.
• Prepare Your Case: Gather all evidence and be ready to present it.
• Notify the Court if You Cannot Attend: If you cannot make the hearing, contact the court immediately to seek a rescheduling.

By attending the trial and presenting your side, you can ensure that you have the best chance to resolve the dispute fairly.

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 what you need to know:

Filing a Defendant’s Claim:

1. What Is a Defendant’s Claim?
   • A Defendant’s Claim is a legal document that allows you to make a counterclaim in response to the plaintiff's claim. This means that while the plaintiff is suing you, you can also ask the court to hold the plaintiff liable for money they owe you.
2. When to File a Defendant’s Claim:
   • You should file the Defendant’s Claim before the hearing takes place, ideally at the same time you respond to the Plaintiff’s Claim. This ensures that both claims are considered together at the hearing.
3. How to File:
   • You will need to fill out the Defendant’s Claim and Order to Plaintiff form (this form can be obtained at the court or online).
   • File it with the court where the original claim was filed (the same court where the plaintiff filed their case).
   • The filing fee is usually similar to the Plaintiff’s Claim, but check with your court for exact amounts.
4. Important Considerations:
   • Make sure to explain clearly why you believe the plaintiff owes you money, including any evidence such as receipts, contracts, emails, or witness statements.
   • Serve the Defendant's Claim to the plaintiff, so they are notified of the claim you are making against them. The rules for serving the claim are similar to how the plaintiff served you (via personal service, certified mail, or through law enforcement).
5. Presenting Your Case:
   • At the hearing, you will have the opportunity to present your Defendant’s Claim and any supporting evidence.
   • You will also be able to explain why you believe the plaintiff owes you money, just as the plaintiff will present their case as to why you owe them.

What Happens Next?

• Same Court Hearing: Your Defendant’s Claim will be heard during the same hearing as the plaintiff’s original claim.
• The Judge Will Decide: The judge will consider both claims and make a decision based on the evidence presented by both parties.
  • If the judge agrees that the plaintiff owes you money, they may issue a judgment in your favor, and you may be awarded the amount owed.
  • If the judge finds in favor of the plaintiff, you may be required to pay the amount they are claiming.

Key Takeaways:

• You can file a Defendant’s Claim if you believe the plaintiff owes you money.
• This is filed before the hearing and can be heard during the same trial.
• Make sure you have strong evidence to support your claim.
• Follow the same rules and procedures as the original claim, including filing and service.

By filing a Defendant’s Claim, you ensure that the court hears your side and any counterclaim you have against the plaintiff.

Trial

Preparing for your trial in Small Claims Court is crucial to presenting a strong case. Here's a step-by-step guide on how to prepare:

1. Gather Your Evidence
   • Bring all relevant documents: This includes receipts, invoices, contracts, letters, canceled checks, photographs, or any other evidence that supports your claim or defense.
   • Organize your evidence: Make sure your documents are well-organized and easy to present. Consider bringing 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 well-labeled photographs or videos.
2. Subpoena Duces Tecum (for Documents)
   • If you need specific documents or records that you do not have, you can request a Subpoena Duces Tecum (SC-7016 [Rev. Jan. 2024]). This is a court order that compels a person or organization to bring specific documents to court.
   • How to request: You must file the subpoena with the court, and it should be served on the person or entity that holds the documents.
3. Witnesses
   • Bring witnesses: If you have a witness who can help your case by providing testimony (e.g., someone who saw the incident or can attest to the facts), make sure they know the time and location of the trial.
   • Subpoena for Witnesses: If a witness is unwilling or unable to attend voluntarily, you can issue a subpoena to compel them to appear and testify.
   • How to serve: The subpoena must be served on the witness and must be done well in advance of the trial date.
4. Court Interpreters
   • Interpreter for hearing-impaired: The court will provide a sign-language interpreter if you are hearing impaired. Be sure to notify the court in advance to arrange for this service.
   • Interpreter for other languages: The court does not provide interpreters for other languages, so if you need an interpreter, you must arrange for one yourself. It’s important to notify the court ahead of time if you need one to ensure they can provide the necessary resources.
5. Trial Procedure
   • Plaintiff’s Case First: The trial begins with the plaintiff (the person who is suing) presenting their case first. They will call any witnesses and present their evidence.
   • Defendant’s Case Next: After the plaintiff’s case is presented, the defendant (you, if you're being sued) will have the opportunity to respond. This is your chance to present your defense, call witnesses, and submit your evidence.
   • Questioning: Both the plaintiff and defendant have the right to ask questions of the opposing party's witnesses.
6. Prepare Your Testimony
   • Know your facts: Be ready to clearly explain your side of the story. Stay focused on the facts that support your claim or defense.
   • Be concise: Be brief and to the point. The judge is interested in facts and evidence, not long-winded explanations.
   • Remain respectful: Stay calm and respectful toward the judge, the other party, and any witnesses.
7. Be Ready for the Outcome
   • After both sides have presented their cases, the judge will either make an immediate decision or take the case under advisement and send the decision in writing at a later time.
   • Know what you’re asking for: Whether you’re the plaintiff or the defendant, make sure you know exactly what relief you’re seeking (e.g., the amount of money you want, or the reason you believe the case should be dismissed).

Key Takeaways:

• Organize all your evidence (documents, photos, etc.).
• File subpoenas for documents or witnesses you need.
• Notify the court in advance if you need an interpreter.
• Be prepared for the trial procedure where the plaintiff goes first, followed by the defendant.

Cannot attend to the Court Trial

If you cannot attend your Small Claims Court trial, it's important to take the following steps to avoid negative consequences:

1. Notify the Court and Other Parties
   • Notify in Writing: If you are unable to attend the trial on the scheduled date, inform both the court and the other party (plaintiff or defendant) in writing as soon as possible.
   • Provide Reason: Include a clear reason for why you cannot attend the trial and request a rescheduling if necessary.
2. Request a Postponement
   • Submit a Request: Either the plaintiff or the defendant can submit a written request to reschedule the hearing date.
   • Deadline: Your request must be submitted at least 2 weeks before the trial date.
   • Fee: There is a $10 fee for the rescheduling request.
   • Court Approval: The court must approve the rescheduling request, and the other party may object to the delay.
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 fails to appear without rescheduling, the judge may enter a default judgment against them. This means the court will likely rule in favor of the plaintiff without hearing the defendant’s side
4. Plan Ahead
   • Make arrangements early: If you know you will not be able to attend the trial, start the process of requesting a postponement as early as possible to avoid complications.

By promptly notifying the court and the other party and following the necessary procedures to request a postponement, you can avoid the risk of losing your case due to a missed appearance.

Appeal

If you disagree with the judgment in a Small Claims Court case, you can file an appeal, but there are specific conditions and timelines to be aware of:

• Who Can Appeal?
  • Defendant: Only the defendant in a Small Claims case has the right to file an appeal.
  • Plaintiff: The plaintiff can appeal only on a counterclaim (Defendant’s Claim and Order to Plaintiff) if the court rules in favor of the defendant on the counterclaim.

How to File an Appeal:

• Timeline: You must file your appeal within 30 days after the judgment is entered or 10 days after a motion to vacate the judgment is denied.
• Filing Location: The appeal must be filed in the Clerk’s office of the superior court.
• Filing Fee: There is a $75 filing fee that you must pay to the Clerk of the Superior Court when filing the appeal.

What Happens After Filing the Appeal?

• Superior Court Hearing: The appeal will be heard in the Superior Court. It’s important to be prepared to present your case again to a different judge, as the appeal allows for a new review of the case, although appeals typically focus on errors in the application of the law rather than re-arguing facts.

Key Considerations:

• Time Limits: Make sure to file the appeal within the correct time frame to avoid forfeiting your right to appeal.
• Costs: Be prepared for the $75 filing fee as well as potential additional costs for legal representation or other proceedings in the Superior Court.

Collect your Money

If you've won a judgment in Small Claims Court and the defendant has not paid, you have several options to collect your money. Here’s an overview of your collection options:

1. Judgment Duration and Options
   • Judgment Duration: A judgment is valid for 10 years from the date it was entered. You have this period to collect the judgment.
   • Collection Methods: If you don’t receive payment during the time specified by the judge, there are several methods available to collect the debt.
2. Collection Options
   • A. Writ of Execution
     • What it Does: A Writ of Execution is an order to the Sheriff to collect money from the defendant’s paycheck or bank account.
     • How to Obtain It: You must file a request for a Writ of Execution with the court. If you know where the defendant works or banks, this writ can be used to collect the debt directly from those sources.
     • Fee: The court fee for issuing a Writ of Execution is $40.
   • B. Abstract of Judgment
     • What it Does: An Abstract of Judgment is a document that places a lien on any real property the defendant may own, preventing them from selling or refinancing the property without paying the debt.
     • How to Obtain It: You must file a request for the Abstract of Judgment with the court and then file it with the County Recorder in the county where the property is located.
     • Fee: The court fee for issuing an Abstract of Judgment is $40, but the County Recorder may charge a separate fee for filing.
   • C. Judgment Debtor Hearing (SC-133)
     • What it Does: If you don’t know 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 assets and financial situation.
     • How to Apply: You need to file 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 their employment, bank accounts, vehicles, real property, and other assets. After this hearing, you can request a Writ of Execution if you now know where the defendant works or banks.
3. Sheriff Enforcement
   • What the Sheriff Does: If you obtain a Writ of Execution, take it to the Sheriff's Office. The Sheriff will enforce the writ and attempt to collect the money on your behalf.
   • Fees: The Sheriff's Civil Unit has its own procedures and may charge separate fees for enforcement. You’ll need to contact the Sheriff’s office to find out the specific costs involved.
4. Failure to Appear at the Judgment Debtor Hearing
   • If the defendant fails to appear at the Judgment Debtor Hearing, you may have additional legal remedies. Refer to Local Rule 1303 regarding the possible actions the court can take.

Important Reminders:

• Collection Fees: In addition to the court fees for obtaining a Writ of Execution or Abstract of Judgment, the Sheriff may charge separate enforcement fees.
• Tracking Information: If the defendant refuses to provide financial information or does not show up for the Judgment Debtor Hearing, consider hiring a professional to help track down their assets or financial details.

By using these tools and being persistent, you can increase your chances of collecting the money owed to you. If you’re unsure of the steps or need help, it may be worth consulting with a professional or legal advisor to assist with the collection process.

Satisfaction of Judgment

If the defendant pays you the money either before the trial date or after a judgment has been entered, you must take the following steps:

1. File Form SC-7008
   • Purpose: The SC-7008 form is used to acknowledge that the judgment has been satisfied (i.e., the defendant has paid you the money owed).
   • Available Locations: You can obtain the SC-7008 form at the Clerk’s Office or download it from the court’s website at this link.
2. Submit the Form
   • Once you have received the payment, you must file the SC-7008 form with the court to officially dismiss the case and indicate that the debt has been paid in full.
   • Why It’s Important: If you do not file this form to acknowledge that you’ve been paid, the defendant could potentially file a lawsuit against you, claiming they still owe money.
3. Notify the Court
   • By filing the SC-7008 form, you are officially notifying the court that the case has been resolved and that the judgment is satisfied, effectively ending the legal process.
4. Additional Considerations
   • Timeliness: It's important to submit the form as soon as possible after receiving payment to avoid any complications 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 Santa Barbara 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 Santa Barbara 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:

Santa Barbara-Anacapa Division

1100 Anacapa St.
Santa Barbara, CA 93101
(805) 882-4520

https://www.santabarbara.courts.ca.gov/

BUILDING HOURS

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

Santa Maria-Cook Division

312 E. Cook St.
Santa Maria, CA 93454
(805) 614-6414

https://www.santabarbara.courts.ca.gov/

BUILDING HOURS

• Mon - Fri: 8:00 AM - 3:00 PM; except court holidays.
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