How Long Does Small Claims Court Take – Want to know what to expect at a small claims court hearing? Look no further. In this article, we provide an overview of what a typical court hearing in California is like.
This is also called “small claims control.” In California small claims cases you can sue for most of the following:
How Long Does Small Claims Court Take
The amount you will pay to file a small claim in California depends on how much you are suing. You will pay between $30 and $75 to file the claim. If you are unable to pay the court fees, you can ask the court to waive the fees.
Bayelsa State Small Claims Court
If you win, you can ask the losing party to pay court costs and service fees.
On the day of the hearing, you want to give yourself plenty of time to get to court, go through security, and get to the courtroom. You don’t want to be late!
When the courtroom opens, the clerk of court, the sheriff, and the judge will go through what is expected. You will sit in a room with other people who have filed small claims. You will be able to view scheduled cases before your case.
Head of legal architecture and co-founder @ The People’s Clerk. Camila has a law degree and is a certified mediator. Her passion is eliminating complex legal processes so that people without lawyers can get justice. Find out if you have the right to sue for payment in Small Claims Court, and how to do so.
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You tried to ask nicely. You’ve sent about a million emails chasing payment You’ve also called their office so many times that you know their number by heart.
If this is you, your next step may be to use the power of law by suing your client for payment in the Small Claims Tribunal (SCT).
With court filing fees starting at just $10 and the possibility of speedy resolution of cases, suing your client with SCT can help you get the money you are owed efficiently and economically.
It provides a way for people to resolve small claims disputes (more on what a “small claim” includes in the next section on claims eligibility) quickly and cost-effectively.
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Also the parties in SCT cases cannot be represented by lawyers, which will help to reduce your costs in SCT proceedings. That said, you can still consult an attorney about filing your claim with the SCT before actually doing so.
As a freelancer, you probably have a contract (even if there’s no written agreement) to provide services to your client in exchange for money, so you’re good on that count.
First, go to the Social Justice and Courts System (CJTS) website and start a complaint with the SCT.
You will be required to complete a Pre-Filing Assessment This assessment will ensure that you are eligible to file a claim with the SCT, and will tell you what documents you may need for the legal claim.
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For example, you will be asked what the nature of the conflict is. Since your dispute is about your client not paying you for your services, select “Agreement for the Provision of Services”, then “Non-Payment”.
If your client is a corporate entity (eg a corporation), you will need to purchase their business logo to ensure that your client is “live” and not open. You can purchase a business icon through the BizFile+ website.
After you complete the Pre-Filing Evaluation, you will be provided with a pre-filing evaluation ID. Use this ID to file your claim within 7 days using either your SingPass or CorpPass account.
After filing your case, you will receive a date to appear in court with your client for a consultation.
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If you and your client cannot resolve the claim, the registrar will decide how to proceed from there.
For example, the registrar may request additional consultations. The Registrar can also set a hearing date for your case to be heard in court.
The hearing can take place as early as 24 hours after the Consultation, so try to have your case fully prepared as soon as you can!
Your client will also present their case for why they need to pay the amount you are requesting.
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For example, they may argue that you did a poor job and therefore don’t want to pay full (or any) money.
After hearing both sides’ claims, the Arbitrator will decide whether to issue a court order on whether your client should pay you, and how much.
Depending on the satisfaction of your case and your client, any Money Order you receive may or may not be the full amount you are requesting. Manage your expectations accordingly.
If your client refuses to go to court (whether at a Counseling or Hearing), the court can make a default judgment against them.
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Having this order go into effect means you “win” the case because your client doesn’t want to go to court to fight it.
As a result, you may receive an Express Money Order that you can use to request payment from your client.
A Money Order is simply a letter stating that you have the right to demand an amount of money from your customer.
First, send a demand letter to your customer to request payment of the amount stated in the Money Order.
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Your application letter must also include the payment deadline. If your customer misses the payment deadline, try one of the following options:
If your client has physical assets that are worth something when sold, you can request a writ of seizure and sale.
This order allows a court officer, known as a bailiff, to enter the client’s property and seize his property.
Then, if the client doesn’t pay the amount owed to you within 7 days, you can request an auction of the client’s property and use the proceeds from the sale to settle the debt.
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You can order a seizure and sales note from the CrimsonLogic Service Center. Alternatively, you can hire an attorney to handle the application on your behalf.
Please note that obtaining a seizure and sale letter does not guarantee that you will be successful in obtaining the full amount of the Money Order from your client. Please consider it carefully before deciding whether or not to proceed with your application!
Please refer to this page on State Courts for more information on the procedure and fee for filing a foreclosure and sale.
If you find out that someone owes you money, you can apply for a garnishee order. This offer allows you to have a third party pay you on behalf of your client.
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You can then apply for a garnishee order to pay the MNC the $9,000 directly, instead of paying it to Client A.
To obtain a garnishee order, you must have documentary evidence to support your claim that a third party owes your client money.
Visit the Community Justice Center at Level 1 State Courts to learn more about applying for an order. You can also hire a lawyer to help you with your application.
In order to decide the best way to enforce a Money Order against your client (eg a writ of seizure and sale or demand), you need to know what assets your client has that can be used to settle the debt.
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For example, you are unlikely to get a garnishee order if you cannot prove your claim that a third party owes you money.
To obtain that information and/or evidence from your client, you can request a Judgment Debt Calculation.
This is a type of court case where you get to ask your client questions about their assets, and get evidence to support their answers.
So with such information, you can start planning your strategy for executing the Money Order. Talk about knowledge as power!
Small Claims Court
The next steps after this depend on why your application was unsuccessful. If you are interested in taking your complaint further, consider hiring an attorney to help you evaluate what to do next.
On the other hand, if you are considering appealing the Judge’s decision, please note that you will only do so if:
If you wish to appeal, you must seek permission from the District Court to do so within 14 days of receiving the Mediator’s order.
Unlike taking your case to court where a judge decides the outcome of the dispute (ie who is right, who is wrong, or who pays), the parties to arbitration decide the outcome of their dispute themselves.
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They do so with the help of a neutral third party called a mediator, who facilitates negotiations and helps the parties find effective solutions to their disputes.
As a result of this process, you have more control over how the conflict is resolved rather than letting someone else decide for you.
If you are suing for more than the SCT claim limit, you must bring your claim in the “regular” courts, i.e. Magistrate’s Court, District Court or High Court.
Given that you will be charged a lot of money
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