1. What is Small Claims Court?

Most states have a small claims court available for citizens to resolve smaller disputes (up to $7,500 in San Diego County) without the formality of a full-fledged trial. Typically, the plaintiff can file a simple form stating his or her claim with the state trial court division. The court sets a trial date and notifies the defendant of the suit. Generally, the parties appear before a judge and make their arguments in an informal manner. The judge may make his or her decision immediately, or mail it shortly after the trial date.

Despite the informality of the procedure, court standards still apply, and the parties must assert legally valid claims and defenses for an effective result. Many small claims court litigants consult an attorney to define their arguments. Small claims courts usually set no lower limit on the amount that may be recovered, but do cap the maximum amount that may be in issue. The procedure can offer a quicker and cheaper alternative for relatively small cases, but winning plaintiffs still face problems enforcing their judgments. Prevailing parties may need to garnish wages or bank accounts in order to recover their damages.

If you think you case would qualify for Small Claims contact the San Diego Superior Court Small Claims Advisor (click here for Phone Numbers)