Legal Question in Civil Litigation in California
California Small Claims Court Questions
1) The amount in controversy must not exceed a certain dollar amount for claims filed with the small claims court. This threshold amount varies from state to state. What is this amount under California law?
2) In most instances, are lawyers allowed in California small claims courts?
3) Is a filing fee always required when filing a small claims action?
4) What happens if a defendant in a dispute before the small claims court does not appear at the hearing? What happens if the plaintiff does not appear?
5) Can a decision made by a small claims court be appealed to a higher court? If so, can either party appeal the decision?
5 Answers from Attorneys
Re: California Small Claims Court Questions
Amazing. You tricked two lawyers into doing your homework for you, and got an offer from a third who is willing to do so by phone.
Congratulations. And shame on you for cheating.
Re: California Small Claims Court Questions
1. $7,500 for an individual
2. No, unless they're a party or in the audience
3. Yes, unless the party can exhibit his/her indigence
4. Plaintiff does prove-up of case; case is dismissed.
5. Yes, but only by defendant.
Re: California Small Claims Court Questions
These are all great questions which I'll answer for you. However, you'll get more information from the court's web cite, such as www.lasuperiorcourt.org.
1. $7500;
2. Lawyers are not allowed in small claims court;
3. Filing fee can be waived. The litigant must file a fee waiver form, and if qualified will get the fee waived.
4. If defendant does not show up, you will get a default judgment, if proper proof of service is produced. If Plaintiff does not show up, the case will be dismissed without prejudice.
5. The small claim court decision can only be appealed by the defendant.
Re: California Small Claims Court Questions
I would love to type detailed answers to your questions, and feel free to call me, but first please Google for [california small claims court faq].
Re: California Small Claims Court Questions
These are all great questions which I'll answer for you. However, you'll get more information from the court's web cite, such as www.lasuperiorcourt.org.
1. $7500; 2. Lawyers are not allowed in small claims court; 3. Filing fee can be waived. The litigant must file a fee waiver form, and if qualified will get the fee waived. 4. If defendant does not show up, you will get a default judgment, if proper proof of service is produced. If Plaintiff does not show up, the case will be dismissed without prejudice. 5. The small claim court decision can only be appealed by the defendant.
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