SMALL CLAIMS
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Filing Your Claim
You can come to either location of the court to obtain the small claim forms to file or you may access the Judicial Council's web-site for forms. You may also visit ICANDOCS.ORG to complete common fomrs. If the only way you can file a claim is through
the mail, you must submit a request for forms along with a self-addressed
stamped envelope. Please send your request to the following
locations.
DEPARTMENT 3
Superior Court of California
County of Inyo
168 North Edwards Street
Post Office Drawer 518
Independence, California 93526
Clerk's Office: (760) 872-3038
Fax: (760) 872-6013
DEPARTMENT 4
Superior Court of California
County of Inyo
301 West Line Street
Bishop, California 93514
Clerk's Office: (760) 872-3038
Fax: (760) 872-4984
Small Claims Advisor
New Small Claims Advisor Effective February 1st, 2011:
Sharon A. Remley
Inyo Legal Self-Help Center
314 West Line Street, Ste D.
Bishop, CA 93514
760-872-4444
760-872-4448 (FAX)
Email: sharon@legalselfhelpcenter.com
Hearings Before Pro-Term Judges (Temporary Judges)
The Small
Claims court frequently uses temporary judges (often called pro-tem
judges) to hear the cases. A pro-tem judge is an attorney who has
been licensed to practice law in California for a minimum of five
years and who volunteers to assist the court by hearing certain
cases.
You do
not have to agree to have your case heard by a pro-tem judge. If you
wait until your court date to request a judge of the Superior Court,
your case will be continued to a date when one is available and this
may delay your case. If you know at the time of filing your
claim you are not willing to have a temporary judge hear your case,
let the clerk know so he/she can schedule your court date on a day
and time when a judge is available.
If you
are the defendant and you know prior to your court date that you are
not willing to have a temporary judge hear your case, contact the
clerk’s office at (760)872-3038 to have the date rescheduled for it
to be heard by a judge.
If You are the Defendant
If you have been named
as a defendant in a Small Claims action and have received an order
to appear at a Small Claims hearing, this means that you are being
sued. Never ignore an order to appear in Court, even if you
think the case is wrong, unfair, or has no basis. If you do
not appear in Court at the proper time and date, the Court may still
hear and decide the case without you and you may lose the suit by
default. If you believe the plaintiff has caused you injury or
owes you money arising from the same case, you can file a claim
against the plaintiff in the same Small Claims action. You
must file the claim of defendant (fee charge) with the Court
immediately to allow you time to serve this claim on the plaintiff.
If
judgment has been entered against you and the appeal time has
lapsed, your money or property and maybe a portion of your earnings
can then be taken legally by the judgment creditor to pay the
judgment against you. A Small Claims judgment is public record.
Small Claims court does not report to any credit reporting agency;
however, these agencies come to the court often and place the
judgment on the losing party’s credit record even after the judgment
is paid.
If You are the Plaintiff
If you choose Small Claims Court to resolve a dispute and you are
the plaintiff, you give up the right to have another Court review the
Small Claims judge's decision. In other words, the plaintiff has no right of appeal.
So if you lose, that is the end of the case. However, the person or
entity you sue (defendant) may appeal the judge's ruling. When such
an appeal is filed, the entire case will be heard again by a different
judge. At the hearing on the appeal, Trial De Novo, the plaintiff
and the defendant may be represented by attorneys. If you are the
plaintiff and a Claim of Defendant is filed (the defendant sues you on the
same case) and you have a judgment against you, you may file an appeal on
that decision.
Monetary Limit
The Small Claims Court
has a monetary limit, called a jurisdictional limit, on the amount of
money damages that a person can claim. The most you can ask for is
$5,000; however, you are limited to filing no more than two claims
anywhere in the State of California for over $2,500 in one calendar year.
You may file an unlimited number of claims for $2,500 or less, however if
12 or more claims are filed within one calendar year, the fee is
increased.
Role of the Court Clerk
The Small Claims Court clerks can answer many kinds of questions and provide the forms you need; however, they are prohibited by law from giving legal advice. For legal advice contact the
Small Claims Advisor. The
Court currently contracts with Sharon A. Remley of the Inyo Legal Self-Help Center to provide Small Claims Advisory Services.
Sharon A. Remley
Inyo Legal Self-Help Center
314 West Line Street, Ste D.
Bishop, CA 93514
760-872-4444
760-872-4448 (FAX)
Email: sharon@legalselfhelpcenter.com
You may also need to take action to enforce the judgment. While a Small Claims Court judgment
carries legal weight, it may be difficult to collect. Collecting a judgment is one of the most challenging aspects of any lawsuit. The Small Claims Advisor will be able to give you suggestions on how to collect your judgment. Neither the Court nor the Small
Claims Advisor will collect the judgment for you.
The Department of Consumer Affairs has useful information
to help you file your claim. The site also contains information
about how to collect the judgment. Information can also be obtained through the Judicial Council self-help web-site.
What to Expect in Court
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Come to Court organized and prepared.
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Arrive promptly at your assigned court
time; if you arrive late, your case may be heard without you.
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Bring enough photocopies of all your
evidence for each party and the judge. If the Court is asked
to make copies for you, you will be charged $1.00 per copy.
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Have all your documents ready and in
chronological order when your case is called.
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There will be several other cases
assigned to the same time as yours so you may have to wait to have
your case heard.
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Any original copies submitted to the
judge the day of the trial may not be returned to you right away.
They are kept with the Court's file until all appeals are
completed.
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You may be asked to sign a stipulation
allowing a protem judge (temporary judge) to hear your case.
If you do not wish to have a temporary judge hear your case, your
case may be continued to a date when there is a judge of the
Superior Court to hear your case.
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When your case is called, you will sit
at a table in front of the judge. You will be asked to
present your evidence and give your testimony. Always
address the judge and not the other party.
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Usually, the plaintiff will give his/
her testimony first and then the defendant.
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The judge will probably ask questions
to further his/ her understanding of the case.
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If you are the only party to appear at
the trial and you are the plaintiff, you still must prove your
case. Do not expect to "automatically" win your case if the
other party does not appear.
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The proceedings will not be recorded
by a court reporter or by any other type of recording.
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If you are not fluent in the English
language, you must bring an interpreter with you. Small
Claims courts do not provide interpreters for you.
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The judge may not tell you the
decision in Court. The decision (judgment) will be mailed to
you.
