Legal Question in Credit and Debt Law in California

Re: Small claims over jurisdictional limits

It is not likely that the clerk will accept your claim for filing if the amount exceeds the limit. Even if the clerk DID accept the claim for filing, the court could not grant you a judgment in excess of the small claims limits. If you have a claim that exceeds the limits, you can still file the claim if you waive the portion of you claim that exceeds the limits. The limit is $7500 for individual plaintiffs and $5000 for all other plaintiffs.

Re: Small claims over jurisdictional limits

There is no point in filing over the limit, as the judge will not award you more than the limit anyway. If you are not willing to sue for the limit allowed (between $2500 and $7500, depending on a number of factors), then you should file in superior court (and retain an attorney).

Re: Small claims over jurisdictional limits

Listen to the advice the others have given you. If your claim is over the limit, you should consider filing a limited civil complaint. This is a Superior Court filing but you are limited to $25,000. And, the benefit is limited discovery.