Court Divisions - Small Claims

Where You Can File Your Claim

You must sue in the right court location. This rule is called venue.

If you file your claim in the wrong court, the court will dismiss the claim unless all defendants personally appear at the hearing and agree that the claim may be heard.

The right judicial district may be based on any of these guidelines:

Where the defendant lives or where the business involved is located;
Where the damage or accident happened;
Where the contract was signed or carried out;
If the defendant is a corporation, where the contract was broken;
For a retail installment account or sales contract or a motor vehicle finance sale:
1. Where the buyer lives;
2. Where the buyer lived when the contract was entered into;
3. Where the buyer signed the contract;
4. Where the goods or vehicle are permanently kept.

Some Rules About the Defendant

You must sue using the defendant's exact legal name. If the defendant is a business or a corporation and you do not know the exact legal name, check with: the state or local licensing agency; the county clerk's office; or the Office of the Secretary of State, Corporate Status Unit. Ask the clerk for help if you do not know how to find this information. If you do not use the defendant's exact legal name, the court may be able to correct the name on your claim at the hearing or after the judgment.

If you want to sue a government agency, you must first file a claim with the agency before you can file a lawsuit in court. Generally, you must do this no later than six months after the act or event you are suing about.

How Does the Defendant Find Out About the Claim?

You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules or your case may be dismissed or delayed. The correct way of telling the defendant about the lawsuit is called service of process. This means giving the defendant a copy of the claim. YOU CANNOT DO THIS YOURSELF. Here are four ways to serve the defendant:

Process server
You may ask anyone who is not a party in your case and who is at least 18 years old to serve the defendant. The person is called a process server and must personally give a copy of your claim to the defendant. The person must also sign a proof of service form showing when the defendant was served. Registered process servers will do this for a fee. You may also ask a friend or relative to do it.
Certified mail
You may ask the Clerk of the Court to serve the defendant by certified mail. The clerk will charge a fee. You should check back with the court prior to the hearing to see if the receipt for certified mail was returned to the court. Service by certified mail must be done by the clerk's office. You cannot serve the defendant this way yourself.
Substituted service
This method lets you serve another person instead of the defendant. You must follow the procedures carefully. You may also wish to use the marshal or sheriff or a registered process server.
A copy of your claim must be left
- at the defendant's business with the person in charge;
or
- at the defendant's home with a competent person who is at least 18 years old. The person who receives the claim must be told about its contents. Another copy must be mailed, first class, postage prepaid, to the defendant at the address where the paper was left. The service is not complete until 10 days after the copy is mailed.

No matter which method of service you choose, the defendant must be served by a certain date or the trial will be postponed. If the defendant lives in the county, service must be completed at least 15 days before the trial date. This period is 20 days if the defendant lives outside the county.

The person who serves the defendant must sign a court paper showing when the defendant was served. This paper is called Proof of Service. It must be signed and returned to the court clerk at least 5 days before the trial date.

What if the Defendant Also has a Claim?

If the Defendant decides to file a claim they can sue for a maximum of $7,500, if they are an individual Plaintiff, or a maximum of $5,000 if they are a Business or Organization. This claim is called the Defendant's Claim. The defendant may file this claim in the same lawsuit. This helps to resolve all of the disagreements between the parties at the same time.

If the defendant decides to file the claim in the small claims court, the claim may not be for more than $7,500 (natural person) or $5,000 (business or public entity). If the value of the claim is more than this amount, the defendant may either give up the amount over $7,500 or $5,000, whichever is applicable, and sue in the small claims court or file a motion to transfer the case to the appropriate court for the full value of the claim.

The defendant's claim must be served on the plaintiff at least 5 days before the trial. If the defendant received the plaintiff's claim 10 days or less before the trial, then the claim must be served at least 1 day before the trial.

Both claims will be heard by the court at the same time.

What Happens at the Trial?

Be sure you are on time for the trial. The small claims trial is informal. You must bring with you all witnesses, books, receipts, and other papers or things to prove your case. You may ask the witnesses to come to court voluntarily. You may also ask the Clerk of the Court to issue a subpoena. A subpoena is a court order that requires the witness to go to trial. The witness has a right to charge a fee for going to the trial. If you do not have the records or papers to prove your case, you may also get a court order prior to the trial date requiring the papers to be brought to the trial. This order is called a Subpoena Duces Tecum. If you settle the case before the trial, you must file a dismissal form with the clerk.

The court's decision is usually mailed to you after the trial. It may also be hand delivered to you in court when the trial is over and after the judge has made a decision. The decision appears on a form called the Notice of Entry of Judgment.

What Happens After Judgment?

The court may have ordered one party to pay money to the other party. The party who wins the case and collects the money is called the judgment creditor. The party who loses the case and owes the money is called the judgment debtor.

Enforcement of the judgment is postponed until after the time for appeal ends or until after the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until after this period is over. Generally, both parties may be represented by lawyers after judgment.

More information about your rights after judgment is available on the back of the Notice of Entry of Judgment form. The clerk may also have this information on a separate sheet.

How to Get Help with the Case

Lawyers
Both parties may ask a lawyer about the case, but a lawyer may not represent either party in court at the small claims trial. Generally, after judgment and on appeal, both parties may be represented by a lawyer.

Interpreters
If you do not speak English, you may take a family member or friend to court with you. The court should also keep a list of interpreters who will interpret for you. You may choose an interpreter from the court's list. Some interpreters may be free, and some may charge a fee. If an interpreter is not available, the court must postpone the hearing one time only so that you have time to get one.

Waiver of Fees
The court charges fees for some of its procedures. Fees are also charged for serving the defendant with the claim. The court may excuse you from paying these fees if you cannot afford them. Ask the clerk for the Information Sheet on Waiver of Court Fees and Costs to find out if you meet the requirements so that you do not have to pay the fees.

Parties Who Are In Jail
If you are in jail, the court may excuse you from going to the trial. Instead, you may ask another person who is not an attorney to go to the trial for you. You may mail written declarations to the court to support your case.

Advisors
The law requires each county to provide assistance in small claims cases free of charge.

Legal advice is available to all parties in SMALL CLAIMS COURT - both plaintiffs and defendants - ABSOLUTELY FREE OF CHARGE.

Attorneys and law students familiar with Small Claims Court rules and procedures are available to answer questions and help parties prepare their cases.
Advice is provided as follows:

Click here for the Small Claims Legal Advice schedule for phone consultations and clinics. Please remember to bring copies of any and all papers relating to your case with you and have all of your questions written down beforehand.

Information to Claimants Regarding Service

When we refer to "service" we are referring to the act of delivering to the person against whom you are filing your claim, your declaration along with an order from the court for that person to appear on the date set. There are several ways of doing this; for instance:

For a fee of $10.00 per letter, the court will mail a certified letter to the defendant which requires a signature when it is delivered to the address which you provide on your statement. You are cautioned, however, that this certified letter may be refused by the defendant, or he or she may simply not pick it up at the Post Office, in which case, it will be returned to the court. In the event it is returned, you will be notified by mail and asked to come back to the Small Claims office where the declaration and order will be turned over to you for personal service.

Personal service may be made as follows:

By any person over the age of eighteen years who is "not a party to the action". (For example, someone who is a witness for you could be considered "a party to the action".) A professional Process Server may be employed. The court will not recommend one, but you may find them listed in the yellow pages of the telephone directory under "PROCESS SERVERS."We do not know what charges are involved in this service.
You may take the declaration and order to the Sheriff's Department in the area where the defendant lives* and have it served by a Constable or Marshal. The clerk will tell you where to go for this service. We do not know what the Sheriff will charge for this service.
NOTE: Process serving agencies are not affiliated with the court. There is a possibility, once your case is filed, that you may be contacted by one of the process serving agencies even if you have elected to have the court serve by certified mail. It is your option whether to select a process serving company, a person over 18 years of age or the court to serve your papers via certified mail.

If service by certified mail fails, of if you elect to have the order served by personal service: at the outset, THE RESPONSIBILITY FOR LOCATING THE DEFENDANT IS YOURS, NOT THE COURTS.
- The Alameda County Sheriff's Department currently does not provide personal service for Small Claims matters, except where an order waiving fees has been granted by the courts.
Any charges, including mail service, are usually awarded to you by the court if you win your claim.

PLEASE DECIDE WHICH SERVICE YOU INTEND TO USE BEFORE YOU COME TO THE COUNTER WITH YOUR STATEMENT.

- NOTICE TO ALL CLAIMANTS -
YOUR CASE MAY BE DISMISSED IF YOU FAIL TO FOLLOW THESE RULES

You must serve the defendant in this case at least (15) days before the trial date (or 20 days before the trial date if the defendant lives outside Alameda county).
If you are unable to serve the defendant within the time requirements stated above, you must come into the Small Claims Office to reset your case prior to your trial date. If the defendant resides within Alameda county, the new trial date must be no earlier than 20 days and not more than 70 days away. You are allowed only two opportunities to reset your trial date in the clerk's office.
If, after your second reset, you have not served the defendant at least 15 days before the trial date (20 days if the defendant lives outside Alameda County), and you have not filed documents to dismiss the case, you will be required to appear on the trial date to explain why your case should not be dismissed.
If you have not served the defendant and have not requested a new trial date, your case will be dismissed on the trial date. You will have to file a new claim and pay a new filing fee to reactivate the case.

If you appear in court to explain why your case should not be dismissed, and the court allows you a new date to serve the defendant, you must go to the Small Claims Office immediately to obtain your new court date. If you appeared at an evening court session, you have until 4:00 p.m. the following day to obtain your new court date. If you do not come to the Small Claims Office to reset the court date, your case will be dismissed.

Court Clerk’s Office	Clerk’s Office Hours	Phone number	Small Claims Calendar	Orders of Examination	Venue
George E. McDonald Hall of Justice Small Claims Office Room 101, 2233 Shoreline Dr., Alameda, CA 94501	8:30 a.m. – 4:00 p.m.	(510) 263-4305	Dept. 303 8:45 a.m. Wednesday	Dept. 303 8:46 a.m. Wednesday	City of Alameda
Berkeley Courthouse 2120 Martin Luther King Jr. Way, Berkeley, CA 94704	8:30 a.m. – 4:00 p.m.	(510) 647-4423	Dept. 202 Fridays at 9:30 a.m. (eff. 6/13/08 9:15 a.m.); SC L&M at 10:00am	Dept. 202 Thursday at 9:30 a.m.	Berkeley, Albany
Fremont Hall of Justice Room 100,39439 Paseo Padre Parkway Fremont, CA	8:30 a.m. – 4:00 p.m.	(510) 818-7503	Dept. 603 2:00 p.m. Fridays; SC L&M 2:00 p.m. on Fridays Dept. 607 2:00 p.m., 2:30 p.m. and 3:00 p.m. Fridays; SC L&M 9:00 a.m. on Fridays Dept. 604 6:30 p.m. 4th Wednesday of each month	2:00 p.m. Monday – Friday in Dept. 605	Fremont, Newark, Union City
Hayward Hall of Justice 24405 Amador St., Hayward, CA 94544	8:30 a.m. – 4:00 p.m.	(510) 690-2705	Dept. 504 Fridays at 9:00 a.m. & 1:30 p.m. Dept. 522 Fridays at 1:30 p.m. Night Court Dept. 502 1st Tuesday of each month at 5:30 p.m.	Dept. 504 Fridays at 9:00 a.m. & 1:30 p.m.	San Leandro, San Lorenzo, Castro Valley, and Hayward
Rene’ C. Davidson Courthouse 1225 Fallon St., Rm. 109 Oakland, CA 94612	8:30 a.m. – 4:00 p.m.	(510) 891-6003	Held at Wiley W. Manuel Courthouse, 661 Washington St., Oakland Dept. 102 Mondays, Tuesdays, Wednesdays & Fridays at 2:00 p.m. (SC L&M Tuesdays and Wednesdays at 2:01 p.m.) Dept. 103 Thursdays at 2:00 p.m.; Wednesdays at 5:45 p.m.	Held at Wiley W. Manuel Courthouse, 661 Washington St., Oakland Dept. 102 (for matters heard in Dept. 102 only) Mondays, Tuesdays, Wednesdays & Fridays at 2:01 p.m Dept. 103 (for matters heard in Dept. 103 only) Thursdays at 2:01 p.m.	Oakland, Piedmont & Emeryville
Gale / Schenone Hall of Justice 5672 Stoneridge Dr., Pleasanton, CA	Office Hours: 8:30 – 4:00 Phone Hours: 8:30 – 5:00	(925) 227-6700	D-702 Wednesdays at 9:00 am and 2 pm Night Court First Tuesday of each month - 6 pm	D-702 Wednesdays at 9am and 2 pm	Livermore, Pleasanton, Dublin, Sunol and the unincorporated portions of eastern Alameda County

- NOTICE TO ALL CLAIMANTS - YOUR CASE MAY BE DISMISSED IF YOU FAIL TO FOLLOW THESE RULES

- NOTICE TO ALL CLAIMANTS -
YOUR CASE MAY BE DISMISSED IF YOU FAIL TO FOLLOW THESE RULES