Legal Question in Business Law in California

The plaintiff always has the option of suing in superior court instead of small claims. That option often won't make a lot of sense, but it is always there.

You are not required to use small claims court. Small claims is set up as a relatively quicker and less expensive way to deal with small disputes. Consult with an attorney in your area for the best way to go, given your circumstances.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

You ARE permitted to sue in Superior Court. However, there are distinct advantages and disadvantages to both small claims AND superior court.

Small claims will typically get a trial date within a month to 45 days. Superior court will get a trial date hopefully within a year. Thus, small claims will typically get a judgment pretty quickly compared with superior court.

Attorneys are NOT permitted to represent people in small claims court. In superior court it is relatively rare for people to appear without an attorney. Attorneys cost money. With such a small case you may not want to go through superior court.

Small claims filing fee is $75 while superior court filing fee is $181.

Caleb

J. Caleb Donner

DONNER & DONNER

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DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

So that you may be represented, Superior Court is an option. For the drafting of the complaint or full representation, contact me directly.