Introduction
Many disputes that you haven't been able to resolve by other means can be decided in small claims court. Some people think that going to court is difficult or frightening, but it doesn't need to be.
This guide, which was developed by the California Department of Consumer Affairs, is designed to help anyone who is suing or being sued in small claims court or who is deciding whether or not to file a small claims court case. This guide answers the questions people frequently ask, and it describes the procedures that are used in most small claims courts.
Your case may be unique, or your local court may have procedures that differ somewhat from those described in this guide. Therefore, check with the small claims court clerk or your local small claims advisor before you file your claim. Get advice as soon as possible so that you'll be well prepared at your small claims hearing.
Small claims clerks can answer many kinds of questions and provide the forms you need. However, they are prohibited by law from giving legal advice. Most counties also provide small claims advisors, who can:
- Explain small claims procedures.
- Help you prepare your claim or defense.
- Tell you how to enforce your judgment.
- Help you arrange for payment by installments.
- Answer many other kinds of questions.
Small claims advisors can help both plaintiffs and defendants. Their assistance is provided at no charge. For more information about Sacramento County's small claims advisors, click here.
Navigating the small claims guide online
Throughout this guide legal terms are underlined and highlighted in blue in their first appearance. Clicking on the word will open a small window in which the definition will appear. These terms can also be found in the glossary section. Each section of this guide is presented as a new page with an index of questions located at the top of the page. Click on any one of the questions to link to the answer located on that page. Click the back to top button to return to the index of questions for that page. Use the next page and previous page buttons to go through the topics in the order set forth in the table of contents.