Stanislaus County Superior Court
Home  |  Tentative Rulings  |  Court Calendar  |  Jury Service  |  Forms  |  Español Search  Click to Search
Services & Resources

Appeals
Civil
Court Interpreters
Criminal
Family Law
Juvenile
Probate
Self Help
Small Claims
Traffic
Court Information

ADR Information
Case Index Lookup
Contact/Locations
Operating Hours
Employment
Fee Schedule
General Information
Grand Jury
History
Holidays
Media
Press Releases
Profile
Public Information
Related Links
Request For Proposals
Rules of Court
Virtual Tour

Overview of Small Claims
 

 

Effective June 17, 2010, all Small Claims cases are filed at the Civil Clerk's Office in the City Towers Building located at 801 10th Street, Modesto, CA  95354 on the 4th Floor.  The office hours are 8:00 a.m. to 3:00 p.m. Monday through Friday.  Small Claims trials take place in Dept. 22 on the 6th floor at the City Towers location.    

Small Claims is a special court which is commonly referred to as the “People’s Court” because attorneys are not allowed to represent either side.  The rules are simple and the hearings informal. The person who files the lawsuit is the plaintiff and the person being sued is the defendant. Small Claims are limited to disputes of $7,500 or less for individuals and $5,000 or less for businesses. You cannot file more than two cases in Small Claims Court for more than $2500 each during a calendar year.

Free Mediation & Advisory services are available in English and Spanish.

MEDIATION IS:

Mediation is an opportunity to settle your case either before you file a claim, after you file or on the day of trial.  A trained mediator meets with both parties, helping to achieve a resolution that is agreeable to both sides.  The Court encourages people to take advantage of the free mediation services offered at the Stanislaus County Mediation Center by calling (209) 236-1577 or visiting their web site at http://www.stanislausmediation.org/ for further information.

Why Try Mediation?

  • It’s Free - There is no cost to residents or businesses in Stanislaus County.
  • It’s Fast - Mediation can be scheduled within a few days and the results are immediate. If the Court hears your case, you may not receive a decision from the Court for 90 days.
  • It’s Private - Everything said in mediation is confidential.
  • It’s Fair - The mediator doesn’t take sides or tell you what to do.
  • It's Informal - You don’t have to go through a court hearing.

SMALL CLAIMS ADVISOR

The Stanislaus County Small Claims Advisor provides general assistance on small claims forms, procedures, and common small claims issues.  The advisor can explain your options, help you understand and fill out small claims forms, and offer suggestions about how to prepare your case or defense.  The advisor cannot represent you at your hearing. Go to the Small Claims link on the menu at left for further information.   For more detailed information click here: Advice/Advisor.

FILING A CLAIM

In Stanislaus County, Small Claims cases can be filed at the Small Claims Division located at 1100 I Street, Modesto.  It is important that you file your Small Claims action in the right court or "venue".  The right court may be the court in the county:

  • Where the defendant lives or where the business is located;
  • Where the damage or accident occurred;
  •  Where the contract was entered into or is to be carried out;
  • Where the contract was breached, if the defendant is a corporation;
  • For a retail installment account, where the buyer lives, where the contract was signed or where the goods are permanently kept.

Please check the Fee Schedule for current filing fees.

FORMS

Forms are available at the Civil Division Clerk's Office located at 801 10th Street, on the 4th Floor which is open from 8:00 a.m. to 3:00 p.m. and can also be found at:   http://www.courtinfo.ca.gov/selfhelp/smallclaims/scforms.htm.  Forms assistance is available on Friday mornings from 8:00-12:00 at the Self-Help Center, located at 800 11th Street, 2nd Floor, Rm. 220. 


TRIAL

At the trial, parties must bring all witnesses, books, receipts, and other papers or items to support their claim or defense. Each party will have the chance to prove or dispute the claim and is allowed to question both its own witnesses and the opposing party's witnesses.

You can also visit the Self-Help Center at the California Courts website at www.courtinfo.ca.gov/selfhelp/.

THE INFORMATION POSTED ON THIS WEBSITE IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR TO TAKE THE PLACE OF THE ASSISTANCE OF COMPETENT LEGAL COUNSEL. YOU SHOULD SPEAK TO AN ATTORNEY OF YOUR CHOICE FOR SPECIFIC INFORMATION ABOUT THE FACTS OF YOUR CASE AND YOUR RIGHTS.

  • Ask for the money/property from the person/business you are in a disagreement with and put your request in writing.
  • Keep copies of all documents related to your dispute.
  • You must represent yourself at the Small Claims hearing.
  • Claims are limited to disputes up to $7,500 for individuals and $5,000 for businesses.
  • You may ask a lawyer for advice prior to your hearing, but you cannot have one represent you at the hearing.

Form Acceptance

  • "Plaintiff's Claims and Order to Defendant" form (approved or adopted by Judicial Council) must be completed.

Forms must include the name and address of the defendant, if known. If not known, the form can contain a fictitious name - for example "John Doe" or "Mrs. Smith" -  but the defendant's actual name must be discovered and substituted onto the form before judgment can be entered.

  • The amount of the claim must be included.
  • Both the plaintiff's demand for payment/possession of property and the defendant's failure/refusal to pay/surrender the money/property must be included on the form or attached to the form in order for the Court to consider the claim.

 
Last Updated: 07/30/2010 05:12:15 PM
Related Information:
Forms  |  FAQ's  |  Filing Requirements/Fees  |  Mediation  |  Service Information  |  Advice/Advisor
Disclaimer  |  Privacy Statement  |  Feedback
Copyright © 2010 Stanislaus County Superior Court. All Rights Reserved.
Powered By Rocklin Systems