The Plaintiff will get to present their case first. Then the Defendant presents their case. If the Defendant does not appear, the judge or magistrate may issue a default judgment based on the case the Plaintiff presents.
If you have witnesses, ask them to tell the court what they know or saw regarding your situation. Tell the judge or magistrate about your evidence, and present it to the court. Present your case in chronological order. It is much easier for the judge or magistrate to understand what happened if you tell it in the order it happened. If the Defendant is in court, they will also have a chance to speak. Wait for your turn to speak and do not interrupt the other party.
The judge or magistrate could tell the parties the decision at the end of the hearing. The judge or magistrate can also wait to decide. When the judge or magistrate decides, the court makes sure each party gets a copy of the order. If you lose the case and the Defendant had a counterclaim , you may have to pay the Defendant. If you win your case, read the article Collecting Your Judgment.
Skip to main content. Google Tag Manager. Search for your legal issue. For complete results, select the county where you live or where your case is filed: Select county. Clair St. Are You Being Evicted? Find Legal and Financial Help Here. File Your Claim File your claim with the district court clerk.
Preparing for the Hearing Prepare yourself before the day of the hearing: Make a list of what you think the judge or magistrate needs to know. Going to Court Attend the hearing and be prepared to present your case to the judge or magistrate. What Could Happen If both the Plaintiff and the Defendant come to court on the hearing date, one of three things might happen: The judge or magistrate might recommend mediation.
To remove the case, you must file a Demand and Order For Removal, Small Claims in the court where the case was filed; The hearing could start. If the Plaintiff does not appear, the judge or magistrate may dismiss the case.
If you haven't done so before suing, why not try? At the very least, you should ask the defendant for the legal remedy that you hope the judge will award you. Are you able to give the other person some incentive to settle the dispute? If you owe money, it may be worth paying a bit more than you feel you owe, just to end the dispute.
If the dispute goes to court and results in a judgment against you, the amount you owe may be increased by court costs and interest , and the judgment will be noted in your credit record. Even after the case is decided, the judge can authorize payment by weekly or monthly installments. Mediation is a process for resolving disputes informally. A third party —a mediator — helps the parties arrive at their own solution. The best quality of the mediation process is that it attempts to restore the relationship between the parties.
While only some disputes can be resolved by mediation since both parties must agree to the results , consider whether your dispute can be resolved in that way. Disputes involving neighbors and family members are particularly well-suited for mediation because of the importance of the relationships between the parties. If you decide that mediation rather than small claims court might resolve your dispute, ask the clerk if the small claims court offers a mediation program. If not, the clerk may know of a publicly funded program in your county.
You can also locate a mediation program by looking in the business section of your telephone directory, or by calling the California Department of Consumer Affairs at You can also find a list of mediation programs on the Web site of the California Department of Consumer Affairs www.
If you are the plaintiff, reviewing the following court forms will give you some useful information:. If you are the defendant, reviewing the following court forms will give you some useful information:. The Department of Consumer Affairs provides fact sheets and information on landlord-tenant issues, auto repairs, contractor hiring, and the professions and occupations regulated by the Department on its website at www.
Links to other information resources are provided in the Web site of Consumer Reports magazine. With certain exceptions, anyone can sue or be sued in small claims court. Generally, all parties must represent themselves. An individual can sue another individual or a business. A business, in turn, can sue an individual or another business.
A federal agency may not be sued in small claims court. To file or defend a case in small claims court, you must be a at least 18 years old or legally emancipated, and b mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court. For a minor, the representative is ordinarily one of his or her parents. A small claims clerk or small claims adviser can explain how to have a guardian ad litem appointed.
In most situations, parties to a small claims action must represent themselves. As a general rule, attorneys or non-attorney representatives such as debt collection agencies or insurance companies may not represent you in small claims court. Self-representation is usually required. There are, however, several exceptions to this general rule:. If the court determines that a party is unable to properly present his or her claim or defense for any reason, the court may allow another individual to assist that party.
In the following kinds of situations, a party need not appear in court, and may either send a representative or submit written declarations to prove his or her claim or defense. CAUTION: Even if the requirements to allow the employee to represent their employer are met, this does not mean that their testimony is sufficient to win the case. Some judges may require the testimony of the employee who worked on the account and who has personal knowledge of the history of the account in order to render a judgment for the company.
The representative must state that he or she is actually authorized to represent the party, and must describe the basis for that authorization, such as a letter from the represented party.
Spouses may represent each other in small claims court if they have a joint interest in the claim or defense, and the represented spouse has given his or her consent. For example, if both spouses are listed on the lawsuit, one may appear for the other as long as consent had been given.
However, one spouse may not represent the other spouse if the court decides that justice would not be served—such as where their interests are not the same and may conflict.
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