California small claims court provides a venue for resolving certain disputes within months instead of years.
The statue of limitations in California for small claims court fillings sets forth a maximum time that an individual has to start a legal proceeding. In many instances, individuals bring cases to small claims court only after every other method of resolving a dispute has failed. According to the California Courts Self Help Center, the majority of cases filed in small claims court are related to car accidents, property damage, tenant-landlord issues and money that is owed.
Features
The California Courts Self Help Center states that small claims courts allows disagreement to be settled in an informal setting that is quick and relatively inexpensive. Any individual who is 18 years of age and mentally competent can sue in small claims court. People who are mentally incapacitated must be represented by a "guardian ad litem" who is an adult appointed by the judge.
Size
A person cannot ask for more than $7,500 in a claim. Government agencies and corporations are limited to $5,000. You are permitted to file an unlimited number of claims, up to a maximum dollar amount of $2,500. However, only two claims per calendar year can exceed $2,500.
Time Frame
The statute of limitations In California to file a small claims court case is dependent on the kind of case and the type of contract. You must begin a claim for a written contract within four years following the alleged breach of the contract and two years for oral contract assertions of violations.A personal injury case must be started with two years. Property damages cases should be initiated within three years. Generally, a case will be heard 20 to 70 days after it is filed.
Identification
The California statue of limitations can affect a single occurrence in different ways. For example, a vehicle accident may have two components that are subject to claims. If you were involved in a car accident 30 months ago, you will not be able to initiate a small claims case related to personal injuries that you may have suffered in the accident because the statues of limitation for such claims is two years. Even so, you can file for restitution of property damages because the law allows you three years in which to bring such a claim.
Function
The California Courts Self Help Center states on its website that a judge, commissioner or temporary judge will hear both sides of the case in small claims court. Since a temporary judge may be a lawyer, you can request that the case be rescheduled and heard by a judge. Attorney representation is not allowed in California small claims courts, although you may discuss your case with an attorney before or after the case is heard in court.
You are permitted to present a wide variety of evidence, including witnesses, receipts, photographs, contracts and other documents. You cannot appeal the decision of the court if you started the court action. If the action was filed against you, you mayenter an appeal within 30 days after receiving the the Notice of Entry of Judgment.
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