Gavin Howe
In California, small claims court allows individuals to sue a person, business, or government agency for up to $12,500 ($6,250 if you're a business) without a lawyer. If you started a small claims case in California and want to remove it from the calendar, you can ask the court to cancel (dismiss) it. To do this, you'll need to fill out the necessary forms, such as the Notice of Entry of Dismissal and Proof of Service, and submit them to the court clerk. It's important to note that you can't have a lawyer represent you in small claims court, but you can consult one before filing your case.
| Characteristics | Values |
|---|---|
| Who can sue in small claims court? | Individuals, businesses, or government agencies |
| Who can be sued in small claims court? | Individuals, businesses, or government agencies |
| Maximum claim amount | $12,500 for individuals; $6,250 for businesses; $10,000 for claims against government entities |
| Filing fee | Between $30 and $100 |
| Time to go to court | Typically 1-2 months after filing |
| Representation | No lawyers allowed; individuals and businesses represent themselves |
| Location | The court nearest to where the contract was signed, the defendant lives, the business is located, or where the damage/injury occurred |
| Dismissal process | Request dismissal by submitting forms to the court clerk; may need to notify the other party |
| Statute of limitations | Varies depending on the nature of the claim (e.g. written contract, oral contract, personal injury) |
| Evidence | Receipts, repair estimates, photographs, written contracts, witness testimonies, etc. |
| Language interpretation | Court-provided interpreters available at no cost |
| Disability accommodation | Accommodations available upon request |
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What You'll Learn
Requesting a new court date
If you need to postpone your court date, you can request a new one. To do this, you must file an SC-150 Postponement form at least 10 days before your court hearing. If you have not served the defendant, you can request this form free of charge. If you have served the defendant or you are the defendant, you can request a Postponement and pay a $10 fee.
In most cases, the court will only grant one Postponement per plaintiff and defendant. To request a Postponement, you must first get the SC-150 and SC-112A forms. Fill out the SC-150 and make a copy for all other plaintiffs and defendants in the case. Have someone over 18 years old and not involved in the case mail a copy to all other plaintiffs and defendants. This person should also complete the SC-112A Proof of Service by Mail form.
You must then get the original SC-150 Postponement form and the SC-112A Proof of Service by Mail form completed by the person that placed the forms in the mail. Once you have completed these steps, your request for a new court date should be processed.
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Cancelling or dismissing a case
If you started a small claims case in California and no longer want to continue with it, you can ask the court to cancel or dismiss it. Here are the steps you can take to cancel or dismiss a small claims case:
Reasons for Dismissal
You can request a dismissal if any of the following reasons apply:
- You were paid or given what was owed by the other party. However, it is generally advised to wait to dismiss the case until the other party fulfils their obligations, such as making payments or returning/fixing items.
- You cannot find the person you want to sue but intend to sue them at a later date.
- You no longer want to sue all the original defendants. You can dismiss against specific individuals while still pursuing a case against the remaining defendants.
- You changed your mind and no longer want to pursue the case.
- You and the other party have reached an agreement. It is recommended to write up the agreement but refrain from dismissing the case until the other party fulfils their agreed-upon obligations.
Steps to Dismissal
To dismiss your case, follow these steps:
- If you have already served the Plaintiff's Claim on the other party, fill out the top part of the "Notice of Entry of Dismissal and Proof of Service." If the Plaintiff's Claim was never served, or a Defendant's Claim was not filed, you can skip this step.
- Make two copies of the forms you filled out.
- Take the original forms and copies to the court clerk where your small claims case was filed.
- The court clerk will file your "Request for Dismissal," retain the original, and return the filed copies to you for your records.
- If you served the Plaintiff's Claim or filed a Defendant's Claim, or if the other side filed a Defendant's Claim, you may need to take additional steps, as outlined on the California Courts website.
Changing Court Date
If you wish to change your court date, you can submit a request to the judge, who will decide whether to grant it based on the provided reasons. Generally, you can submit a form requesting a new court date, attaching any relevant supporting documents, such as proof of travel plans or efforts to locate the defendant. If the court date is imminent, you may need to explain the reason for the delay in your request. If the judge does not grant a postponement, the trial will proceed on the originally scheduled date.
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Preparing evidence
Types of Evidence:
- Receipts or cancelled cheques that prove you are owed money.
- Bills or repair estimates.
- Photographs of property damage.
- Written contracts, agreements, or other documents that support your case.
- Witness testimony: You can bring witnesses to court to testify on your behalf.
Submitting Evidence:
- Make two copies of any evidence you plan to present: one for the judge and one for the other party.
- Trial exhibits must be exchanged with all parties named in the case before the hearing date. It is recommended to exchange exhibits at least 10 days in advance.
- You can submit your trial exhibits electronically, by mail, or by using the Central Small Claims Business Office drop box.
- If submitting electronically or by mail, include a cover sheet with your name, case number, case name, and hearing date.
- Do not send original documents.
- When submitting evidence, do not include other filings such as Proof of Service, Request to Postpone Trial, etc.
- If you require an interpreter, you can request one online or bring someone to court who can interpret for you.
Presenting Evidence in Court:
- Provide the judge with copies of your evidence.
- Refer to your notes, but avoid reading a prepared statement. Answer the judge's questions directly and concisely.
- The judge will decide on the outcome of the case after the hearing and notify you by mail.
- If you believe the court has made an error, you can file a Request to Correct or Vacate Judgment.
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Filing fees
The filing fee for a small claims case in California is between $30 and $100. The specific fee depends on the amount of the claim and the number of claims filed in a calendar year.
If the claim is for $1,500 or less, the filing fee is $30. If the claim is for more than $1,500 but less than or equal to $5,000, the fee is $50. If the claim exceeds $5,000, the fee is $75. However, if the plaintiff has filed more than 12 small claims actions in California within the previous 12 months, the filing fee for each subsequent case is $100.
Individuals can file up to two claims over $2,500 in a calendar year, with no limit on the number of claims for $2,500 or less. If the plaintiff is a business, they can file two cases each calendar year for up to $6,250, with each additional case in the same calendar year limited to $2,500 or less. Government agencies can file an unlimited number of claims up to $6,250.
If you are unable to afford the filing fee, you can request a fee waiver from the court.
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Claim limitations
In California, small claims courts allow individuals to sue a person, business, or government agency for monetary compensation. Generally, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $12,500. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $6,250.
If you are an individual who owns a business and does business under a fictitious name, you are considered an "individual" in Small Claims court. For example, if you are a plumber doing business as ABC Plumbing and want to sue a customer who has not paid you, you can file a claim for up to $12,500.
For each additional case filed in the same calendar year, the claim limit is $2,500 or less. This limitation does not apply to local public entities, which can bring more than two lawsuits over $2,500 in a calendar year.
If you are suing a government agency, you must first file a claim with the agency before filing a Small Claims action. Most agencies have their own claim forms and rules, which can usually be found online or by contacting the agency directly.
It is important to note that the filing fee for a small claims case is between $30 and $100, depending on the amount of the claim. If you file 12 or fewer claims in one calendar year, the following fees apply:
- $30 if the claim is for $1,500 or less
- $50 if the claim is for more than $1,500 but less than or equal to $5,000
- $75 if the claim is for more than $5,000
If you are unable to afford the fee, you can request a fee waiver from the court.
Additionally, there are time limitations for filing a small claims case in California. The time limit depends on the nature of the claim:
- Written contract: four years from the date the contract was broken
- Oral contract: two years from the date the contract was broken
- Personal injury: two years from the date of injury or from the date you discovered the injury
- Property damage: three years from the date the damage occurred
- Fraud: three years from the date you discover the fraud
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Frequently asked questions
To remove a small claims case from the calendar in California, you must ask the court to cancel (dismiss) it. You can do this by filling out a Request for Dismissal form and submitting it to the court clerk.
There are several reasons why you might want to dismiss a small claims case in California. These include:
- You were paid what you were owed by the other side.
- You can't find the person you want to sue, but you want to be able to sue them later.
- You no longer want to sue all the people you originally sued.
- You changed your mind and don't want to sue anymore.
- You reached an agreement with the other side.
If you started the case and already served your Plaintiff's Claim, you need to fill out and submit the Notice of Entry of Dismissal and Proof of Service forms to the court clerk. Make two copies of the forms, keep one for your records, and mail the other to the other side to let them know the case was dismissed.
