Users' questions

How long does a small claims Judgement last in California?

How long does a small claims Judgement last in California?

Judgments are enforceable for 10 years and are renewable for another 10 years and then renewable after that. You must renew your judgment before it expires (runs out). For more information, read Renew Your Judgment.

What happens if defendant doesn’t show up to small claims court California?

If the defendant does not appear at the hearing, similar rules apply. A defendant who doesn’t appear must first ask the small claims court to vacate (set aside) the judgment. The request to vacate (set aside) the judgment may be granted only if the judge finds good cause for the defendant not attending the hearing.

What happens if a defendant does not pay a judgment in California?

If you do not pay the judgment within 30 days or file a Motion to Vacate the Judgment or Notice of Appeal the judgment creditor can garnish or “seize” your property.

How to find out about Small Claims Court?

Review general information about small claims court and cases. And figure out if small claims is right for your situation using helpful resources. Click for an online program that will provide information about small claims cases .

Who is the plaintiff in Small Claims Court?

The person who files the claim is called the plaintiff. The person against whom the claim is filed against is called the defendant. They are also called claimants or parties. You don’t need to be a United States citizen to file or defend a case in small claims court.

Who is a temporary judge in Small Claims Court?

A temporary judge (called a “judge pro tem” or “judge pro tempore”) is someone who has been a lawyer for at least 10 years and is specially trained to hear and decide small claims cases. If you do not want a temporary judge, you can ask the court to have a judge hear your case.

What are the exceptions for small claims in California?

For more information about exceptions, read California Code of Civil Procedure section 116.540. Also, check out: Authorization to Appear (Small Claims) ( Form SC-109 ).

Where are small claims court cases heard in Nevada?

In Nevada County, small claims court cases are heard in 2 courthouses across the County. The website for Nevada County Superior court is: Here are the following locations where Small Claims Court cases are heard in Nevada County:

How does Small Claims Court work in California?

Each County in California follows the same rules and procedures for small claims court cases. The rules are designed to be less complex and more less formal when compared to general civil cases. The person or business that files the action is the plaintiff.

How long to file claim with small claims court?

If no decision is made with 45 days, then the claim is considered denied. If they reject your claim, you have 6 months to file a claim with a small claims court.

Can a superior court consider a small claims appeal?

The superior court does not consider the decision of the small claims court in deciding the appeal. The trial is called a “trial de novo” or trial from the start. This means that you have to prove your side all over again, including bringing all the evidence you want the court to consider.