For a small fee and some work on your part you can resolve a dispute by presenting your own case before a judge – without paying a lawyer a dime! Personal injury contracts, landlord/tenant arguments, and many other disputes can be decided in small claims court. Lawyers cannot appear on either side unless as a party or a witness.

You can now get an award for as much as $5,000.00 (plus “court costs”). Although you can only seek such an amount form the court only two times a year you can file an unlimited number of smaller claims for as much as $2,500.00. You start the process by making a demand for payment which is ignored or refused. Then you file a simple form, “Claim” and complete a “Plaintiff’s Statement to Clerk” available at the Municipal Court Clerk’s Office on the first floor of the “Civil Center Justice Building” at 1215 Truxtun Avenue. If you have not visited there for some time, be alerted to the fact that entrance is only permitted through the back, (not the street side) and that metal detectors are now in use. Overcoming such minor obstacles you will find a friendly and competent assistance inside.

There is lots of help available to guide you through the special rules you must follow. The filing fee is $22.00. Also, there is a fee for “serving” (this means delivering) your Claim to the defendant(s) (you cannot do this yourself), but the Court Clerk will help answer your questions, provide forms, give you an instruction sheet called “Information for the Small Claims Plaintiff”, and even let you use the public typewriter available there. All instructions are available in Spanish. There is even a “Small Claims Advisor” hired by the county to give you advice by telephone. Just call 861-2401 Ext. 2532 and leave your name and telephone number.

If you feel intimidated by the rules you can either borrow form the public library or buy from a bookstore such books as Nolo Press’ Everybody’s Guide to Small Claims Court. As a public service the Kern County Bar Association has a free comprehensive recording on its “Tel-Law” system which explains and discusses every part of the small claims system. Call 322-3023 and follow the instructions and ask for Tel-Law Tape Number 130. Court rules, procedures, and even strategies for settlement, trial and appeal are reviewed on a lengthy tape recorded message.

Soon after you file your Claim, you will be given a hearing (trial) date which will normally no more than 40 days away. Defendants who are sued can make their own claims a part of the entire proceeding. Often hearings are at night. At your hearing you must appear at the Municipal Court with your evidence and witnesses to present your case.

All hearings are before a judge. No juries are used. The hearings are short and direct – don’t waste your time preparing TV-like speeches or trying to learn complex “rules of evidence” (few such rules apply). The judge wants people to talk in plain terms about only those points which are in dispute. Simplicity is recommended. Courtesy is required. Since Court hearings are public you can make an evening visit before your case comes up for hearing to “check everything out” and see how the system really works. At your hearing come well prepared with bills, receipts, photographs, or other documents proving your claim. Bring or subpoena witnesses who will support you. Often it is your preparation which will determine if you will win or lose. All parties have a chance to speak in turn and to call witnesses while showing respect for the Judge, other parties and all witnesses. Be warned abusive language, shouting, name calling or similar outbursts will quickly end your day in court.

At the Court you will see a number of people waiting for their turn. Everyone will be invited to step outside the courtroom itself for a few minutes and make one last effort for a settlement. It is not uncommon for such settlements to occur, as it can be a sobering influence for both parties to be in a courtroom about to go to trial.

If you cannot settle you stand up when your case is called and state simply, under oath to tell the truth, why you are there, what you want, and why you think you should get it. The defendant(s) then respond. You can reply. The judge asks any questions he/she wants. A decision (the “Judgment”) can either be announced right then or sent to you later by mail.

If you win, look for help in collecting the judgment from such sources as the Department of Customer Affairs booklet Collect Your Small Claims Court Judgment, or the Nolo Press’ book, or the “Tel-Law” recording described above. If you have a dispute with a business it is not uncommon to get a check in the mail if you win. You must then file a document with the Court Clerk showing that your successful “Judgment” has been “satisfied” or paid.

Only a defendant who loses has the right to file an “Appeal”, which will be held before a Judge of the Superior Court. At such an appeal lawyers can appear for one or both parties, but no jury can be used. No further appeals are permitted. If you lose an appeal you may be required to pay court costs, interest, and even other side’s attorney’s fees.

Many lawyers would like to see even higher limits for small claims courts. They represent a direct, speedy, and economical way to resolve disputes without using an attorney. Parties who are prepared with documents and witnesses and who state their position simply and honestly can be rewarded with justice without the need of an attorney.

Disclaimer: The legal information presented on this site should not be construed to be formal legal advice. Any results set forth in this site were dependent upon the particular facts of a case and results differ from case to case. If you have any questions or concerns, please call our office for information.