Legal Question in Business Law in California
small claims cases
I own a small business and have quite a
few outstanding invoices out. Is there
only so many suites I can do at one
time or per month or per year?
3 Answers from Attorneys
Re: small claims cases
Unless the Court or one of your defendants brings a motion to have you adjudged by the Court to be a "Vexatious Litigant," there are no limits on the number of suits you can file. The process (having someone determined to be a vexatious litigan) is not easy, and even when the vexatious litigant determination is made, it usually only means that a Court officer is required to review your complaints for some validity (even less than probable cause); it does not mean that you would be prevented from filing any more law suits.
Re: small claims cases
Unless the Court or one of your defendants brings a motion to have you adjudged by the Court to be a "Vexatious Litigant," there are no limits on the number of suits you can file. The process (having someone determined to be a vexatious litigan) is not easy, and even when the vexatious litigant determination is made, it usually only means that a Court officer is required to review your complaints for some validity (even less than probable cause); it does not mean that you would be prevented from filing any more law suits.
Re: small claims cases
In Small Claims, yes there is a limit. It is set forth in Code of Civil Procedure section 116.231. With an exception for public entities, no person may file more that two suits in which the amout demanded exceeds $2,500 anywhere in the state in any calendar year. Also, the filing fee increases after 12 filings in the previous 12 months, see CCP 11.230(c).
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