Legal Question in Business Law in California

Re: When would you bring a lawsuit in small claims court?

usually when it is less than $5000. Are you asking about the statute of limitations? If you want to know about statute of limitations, I need to know the type of matter it is.

Re: When would you bring a lawsuit in small claims court?

It depends on the type of case. You must bring such a case before the statute of limitation runs. Generally, with a written contract it's 4 years, an oral agreement is 2 years post-breach; a personal injury is 2 years, etc. If you would repost your message with more specifics, that would help nail down a response.

Re: When would you bring a lawsuit in small claims court?

Between 8:30 AM and 4:00 PM, Monday through Friday, holidays excepted.

Re: When would you bring a lawsuit in small claims court?

Well, you have three approaches to providing the information you need: one based on the statutes of limitations, one based on the $5000 jurisdictional ceiling, and a third advising when the court clerk's office is available.

All are valid, but call or check the Court's Web site to confirm their hours. With the budget crisis, the public-counter hours for filing have been cut back in most counties.

One additional piece of information. Small Claims' jurisdiction is limited to awarding money damages of up to $5,000, or restitution, and some very basic equitable remedies; they don't grant TROs or injunctions or do unlawful detainer cases (for example).

Small claims can be a useful alternative for larger claims as well, provided the plaintiff is willing to waive the portion of the claim that exceeds $5,000, since the claim will go to trial quicker and substantial court costs, attorney fees and discovery expenses can be avoided. The break-even point may actually be in the $10,000 area, all things considered.