Introduction to Small Claims

The purpose of the small claims court is to resolve minor civil disputes quickly, inexpensively, and fairly. The rules are simple and the hearing is informal. You may ask a lawyer for advice before or after the hearing but you may not have a lawyer at the hearing. The person who sues is the plaintiff. The person who is being sued is the defendant.

In the state of California, an individual may sue for an amount up to $10,000. Businesses and other organizations may sue for an amount up to $5,000. A limited number of claims may be filed per calendar year under the amount of $2,500 each. Only two claims of more than $2,500 may be filed per calendar year.

Code of Civil Procedure Chapter Five sections 116.110-116.910 contains the law pertaining to Small Claims Court.

Special Accommodations
If you have a disability and need assistance, please ask the court to help accommodate your needs. If you have a hearing impairment and need assistance, please notify the court.

Small Claims Advisor

The Small Claims Advisor is employed by the court and can explain the basic steps involved in small claims actions. Services are offered at no cost on a first-come, first-serve basis. You may call the Small Claims Advisor at 661-868-2532

Community Mediation

The court provides a community mediation program that is designed to resolve disputes before or after court documents have been filed. Trained mediators will work with both parties to try to reach a satisfactory settlement. It is a good idea to try mediation before filing documents as it may result in a faster settlement at no cost. Bilingual English/Spanish mediators are available. For more information, contact:

BBB Mediation Center of Kern County
1601 H Street Ste. 101
Bakersfield, California
(661) 616-5252 or (800) 675-8118 ext. 300

Filing A Small Claim

This is the proper court to file a lawsuit, if one of the following statements is true:

1. A defendant lives in Kern County, or, if the defendant is a business, its principal place of business is in Kern County.
2. Plaintiff was injured or personal property was damaged in Kern County.
3. A defendant signed or entered into a contract in Kern County, a defendant lived in Kern County when the contract was entered into, a contract or obligation was to be performed in Kern County, or, if the defendant is a corporation, the contract was breached in Kern County.

Small Claims Filing Options

1. In person at the Courthouse where your claim is to be heard
2. Submission by mail (providing the original Plaintiff’s Claim and Order plus one (1) copy per party) and, if you wish to receive endorsed copies back from the court please provide a SASE
3. E-File via the Guide & File Interview (For Plaintiff’s Claim and Order Only)
4. E-Filing of all other Small Claims documents must be via http://www.odysseyefileca.com/service-providers.htm

For additional information, either:

1. Check Department of Consumer Affairs
2. Use the California Courts / Judicial Branch Small Claims Resources
3. Check Other Small Claims Resources

Court Filing Fees:
If you cannot afford the fees, obtain a Fee Waiver packet from the small claims court clerk or at Judicial Council Self-Help

1. Information Sheet on Waiver Of Court Fees and Costs (FW-INFO)
2. Request to Waive Court Fees (FW-001)
3. Order on Court Fee Waiver (FW-003)

Forms:

1. In Person
   All Civil Units are open Monday through Thursday from 8:00 AM to 4:00 PM, and 8:00 AM to Noon on Fridays. You may pick up a small claims forms packet by coming to the court. If you are filing a new Small Claims case, please arrive at the court no less than 30 minutes before closing.
2. List of Forms and Instructions
   Plaintiff's Claim and Order to Go to Small Claims Court
   For all other Small Claims forms and information, please click HERE
   When returning your completed forms, you must provide along with the original, one copy for each plaintiff and defendant and a self-addressed stamped envelope or place a note on your documents that you will pick them up in will-call. YOU WILL NOT BE CALLED TO PICK UP YOUR PAPERWORK.

Your Day in Court FAQ

What will happen at the court hearing?

The judge generally allows both parties the opportunity to review each other's evidence at the court hearing. The judge may also request that the parties make one more attempt to settle their dispute. In the Metropolitan Division, community mediators are usually available in the courtroom for this purpose. For successful settlements, the judge confirms the conditions of settlement and enters the agreement on the record. If the litigants cannot agree on a settlement, the judge listens to both sides of the story, reviews the evidence and asks clarifying questions. The judge usually renders a decision, or judgment immediately. In more complicated cases, the judge may take the matter under submission and notify the parties by mail after more careful consideration of the evidence.

How much time should be expected for a court hearing?

Most judges allow about 10-15 minutes per case. However, a wait of two to four hours may be required before your case is called depending on the number and complexity of the other cases on the calendar.

Is preparation helpful?

Yes. The court encourages litigants to prepare a concise statement in advance, summarizing the reason or response to the small claims action. The plaintiff (the person initiating the action) is responsible for proving the allegations. All statements must be factual and subject to verification with objective proof.

What materials will help to prove your case?

Bring copies of all documents, such as photographs, bills, receipts,contracts, etc., necessary to prove the case. Bring the original documents and two copies if possible. The judge may ask to keep a copy for a more careful review. Put the evidence together in a logical order; this will help the judge to understand the allegations.

What happens if the defendant does not appear?

The judge generally allows the plaintiff to explain the allegations, and will make a ruling without hearing the other side.

Is night court available?

The Small Claims Court conducts one evening session per month in Bakersfield. The Small Claims Court Clerk schedules cases for night court upon request and can provide more information.

Will the court provide an interpreter?

The court does not provide interpreters for small claims cases. An adult friend who is fluent in the English language may assist. This person should be able to interpret statements made by the judge, the plaintiff, and the defendant.