Common legal terms used in California small claims court forms and proceedings. Understanding these terms will help you navigate the court process with confidence.
A summary of a court judgment that can be recorded with the county recorder to create a lien on real property owned by the debtor. This is filed using form EJ-001.
A request to a higher court to review a decision made by a lower court. In small claims court, only the defendant can appeal a judgment. The plaintiff cannot appeal if they lose.
A legal demand for money or other relief filed with the court. In small claims court, the claim is the formal statement of what you believe the defendant owes you and why.
A postponement of a court hearing to a later date. Either party can request a continuance, but the court decides whether to grant it.
A claim filed by the defendant against the plaintiff in the same case. Filed using form SC-120 (Defendant's Claim).
A judgment entered against a party who fails to appear in court or respond to a claim. If the defendant does not show up for the hearing, the plaintiff may receive a default judgment.
The person or entity being sued. In small claims court, the defendant is the party against whom the plaintiff has filed a claim.
The formal process of exchanging information and evidence between parties before trial. Discovery is generally not used in small claims court, which has simplified procedures.
Documents, photographs, receipts, contracts, communications, and other materials presented to the court to support your case. Bring originals and copies to your hearing.
The fee paid to the court when filing a claim. In California small claims court, fees range from approximately $30 to $75 depending on the claim amount. Fee waivers are available.
A legal process by which a portion of a debtor's wages or bank account funds are directed to the creditor to satisfy a judgment. Also called a wage garnishment or earnings withholding.
The official decision of the court. A judgment states who won the case and, if applicable, how much money is owed. Recorded using form SC-130.
The authority of a court to hear and decide a case. Small claims court has jurisdiction over disputes up to $10,000 for individuals and $5,000 for businesses.
A legal seizure of property or assets to satisfy a judgment. After obtaining a judgment, a creditor can request the sheriff to levy the debtor's bank accounts or personal property.
A legal claim against property as security for a debt. Recording an Abstract of Judgment creates a lien on the debtor's real property in that county.
A voluntary process where a neutral third party helps the disputing parties reach a settlement. Many courts offer free mediation before the small claims hearing.
The person or entity who files the lawsuit. In small claims court, the plaintiff is the party making the claim using form SC-100 (Plaintiff's Claim).
Latin for "for oneself." A person who represents themselves in court without an attorney. All parties in small claims court appear pro se.
A document filed with the court confirming that the other party was properly served with court papers. Filed using form SC-105 or SC-150.
The legal procedure of delivering court documents to the other party. The plaintiff must serve the defendant with a copy of the claim and the court date. You cannot serve the papers yourself.
A division of Superior Court designed for resolving disputes involving limited amounts of money without attorneys. Claims are limited to $10,000 for individuals and $5,000 for businesses in California.
A court order requiring a person to appear in court to testify or produce documents. In small claims court, you can request a subpoena if you need a witness or documents for your case.
An official court document that notifies the defendant of the lawsuit and the date they must appear in court. In small claims, this is part of the SC-100 form.
Spoken evidence given by a witness under oath in court. In small claims court, both parties testify by telling the judge their side of the dispute.
The specific court location where a case is filed. In small claims court, you generally must file in the judicial district where the defendant lives or where the dispute occurred.
A court order directing the sheriff to enforce a judgment by seizing the debtor's assets. Required before a levy can take place.