Small Claims - General Information Print this Page
Phone: (415) 444-7040
Email: smallclaims@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 4:00pm




For answers to some of the most frequently asked questions about small claims proceedings, please Click here.

On-Line Forms

There are many online resources to assist parties in completing small claims forms. Here are some of the websites that can help.


Procedures

Below are step-by-step, easy to follow instructions on the procedures, from the initial filing of a small claim through the appeal process if a party is dissatisfied with the judicial officer's ruling in the case.


Small Claims Advisor

Staff at Legal Self Help Services provide small claims advisor services to the public. They are equipped to assist parties in filing and responding to claims, provide information on procedures in these actions and help parties to adequately prepare for their court appearances. Small claims advisor services are available by phone or in person Monday through Friday from 8:30am - noon and 1:00pm - 4:00pm. Legal Self Help Services is located at the Civic Center, Hall of Justice, Room 244. The telephone number for the small claims advisor is (415) 444-7130, Option 5.


Overview

Small Claims Court is a special type of civil proceeding which is commonly referred to as the "People's Court" because attorneys are not allowed to represent either side. The rules are relatively simple and the hearings are less formal. Parties in small claims actions can resolve their disputes relatively quickly and inexpensively. The person who files the claim is called the plaintiff and the person being sued is called the defendant.

Plaintiffs filing in Small Claims Court cannot seek judgments of more than $7,500 for individuals and $5,000 for businesses. An individual who owns a business (e.g. sole proprietor) and does business under a fictitious business name is considered to be an "individual" in Small Claims Court. For example, a plumber doing business as ABC Plumbing who wants to sue a customer who has not paid for services may file a claim for up to $7,500. If a business is a corporation, partnership or any other type of entity than a sole proprietorship, the maximum claim amount in Small Claims Court cannot exceed $5,000.

California law states that plaintiffs may file as many claims as they like for up to $2,500 each calendar year. However, plaintiffs can only file two claims in a calendar year that seek more than $2,500 per claim.

Please note: Filing a small claim in this Court must be done in person or by mail.
 
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