Legal Question in Civil Litigation in California

California law

1. The amount in contraversy must not exceed a certain dollar amount for claims filed in a small claims court. what is the amount in California law?

2. In most instances are lawyers allowed in california smal claims court?

3. Is a filing fee always required when filing small claims action?

4. What happens if a defendant in a dispute does not appear at a hearing.?

5. Can a decision made by a small claims court be appealed to a higher court?


Asked on 5/14/07, 10:57 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: California law

1. $7500

2. No lawyers normaly allowed unless they are a plaintiff or defendant.

3. Yes but if you are really poor (e.g. on SSI or welfare) you can fill out a fee waiver.

4. Normally an absent defendant would lose.

5. Small claims judgments are appealable only by the defendant.

Read more
Answered on 5/14/07, 11:07 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: California law

1. The limit is $7500 if the plaintiff is an individual. For all other plaintiffs like partnerships and corporation, the limit is still $5000.

2. Lawyers are not allowed to represent someone at the initial trial. They can represent themselves and testify as witnesses if they have relevant information. In all other matters such as enforcing the judgment or handling an appeal, a lawyer may participate.

3. Yes, unless you qualify for a fee waiver based on your financial circumstances. You can request fee waiver forms and instructions from the court clerk or get help form the free small claims advisor's office.

4. The court will still hear the case and enter a default judgment if the evidence is strong enough.

5. A losing defendant may appeal a judgment. A losing cross-defendant may all appeal a judgment. But a losing Plaintiff or cross-complainant may not appeal.

Read more
Answered on 5/14/07, 12:20 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California