Bay Area Justicecorps Small Claims Quiz

Small claims court is a specialized court that handles civil cases involving small amounts of money. Examples of cases that may be heard in small claims court include landlord/tenant disputes (non-eviction cases), car accidents, and cases involving bad checks. Divorce cases are typically not heard in small claims court as they are usually handled in family court. Therefore, the correct answer is A, B, and C only.

If a defendant is sued in the wrong court, they can challenge the court venue by writing a letter to the court. This means that they can inform the court that they believe the case should be heard in a different court, and provide reasons for their argument. By doing so, the defendant is asserting their right to have the case heard in the appropriate court and not be subject to jurisdiction in the wrong court.

If a defendant cannot attend a court date, they can file a SC-110 and request for postponement 10 days before the court date. This allows them to request a new date for the hearing, giving them more time to prepare or resolve any conflicts that prevent their attendance.

The correct answer is SC-100. SC-100 is the form used to initiate a small claims case. This form is typically filed with the court to begin the process of resolving a dispute in small claims court. It includes important information such as the names of the parties involved, a description of the claim, and the requested amount of damages. By filling out and submitting the SC-100 form, individuals can officially start their small claims case and seek a resolution to their dispute.

The court location where a small claims case is tried can be determined by any of the options provided. It can be based on the proximity to where the defendant lives or works, where the contract was signed or action performed, or where the accident took place. The specific circumstances of the case will determine which of these factors is considered in determining the court location.

The correct answer is "All of the above". Both options mentioned, asking a witness to come testify and subpoenaing a witness to come and testify, are valid ways to get a witness to appear in court and give their testimony. Asking a witness directly is a more informal approach, where the individual is requested to voluntarily come to court and testify. On the other hand, a subpoena is a legal order issued by the court, requiring the witness to appear and testify. Both methods can be used to ensure the presence of a witness in court.

A plaintiff can collect on a small claims judgment by using various methods. One option is to obtain a bank levy, which allows the plaintiff to freeze the defendant's bank account and collect the owed amount. Another option is to do a till tap or wage garnishment, where the plaintiff can collect money directly from the defendant's paycheck or cash register. Additionally, the plaintiff can choose to do a keeper or vehicle levy, which involves seizing and selling the defendant's personal property or vehicle. Lastly, the plaintiff can record an abstract of judgment on real property, which creates a lien on the defendant's real estate. Therefore, all of the options listed can be used by a plaintiff to collect on a small claims judgment.

The correct answer is A and B only. This means that if a defendant wants to counter-sue a plaintiff in small claims court for $10,000, they have two options. They can sue for the maximum amount of $10,000 and forgo any difference, or they can take the case to a higher court. Both options are available to the defendant in this situation.

A litigant can name a defendant in a small claims case by using any of the options mentioned. They can name an individual defendant using their full name, such as John S. Doe. They can also name a defendant that is a corporation by using the corporation's name, such as Smith and Hones A Corporation, DBA Continental Candies. Additionally, they can name a defendant who is both an individual and a business owner by including their personal name and the name of their business, such as Mary Smith, as an individual, and DBA Continental Candies. Lastly, they can name a defendant that is a partnership by using the partnership's name, such as Smith & Hones, a partnership.

If a plaintiff wants to collect on a judgment and only has the defendant's address and needs additional information, they can request a court order for a debtor's examination and a statement of assets. This allows them to legally compel the defendant to provide information about their assets and financial situation. Additionally, they can check with the recorder's office to gather any relevant public records or information that may help in collecting the judgment.

Before filing a small claims case, a litigant should first attempt to ask for the money owed in person, over the phone, or through a letter. This step is important as it allows the litigant to try to resolve the issue without going to court. By communicating directly with the other party, the litigant may be able to reach a settlement or agreement, avoiding the need for legal action. It is a recommended first step before proceeding with a small claims case.

All of the listed ways are adequate notification procedures for a litigant to notify a defendant of a hearing date. Someone over the age of 18 can personally hand the defendant the court papers, the defendant can receive notice by certified mail through the court, or the notification can be done by the Sheriff or a registered processor.

The defendant must be personally served 15 days before the trial date if the trial is in the same county. If the trial is out of county, the defendant must be personally served 20 days before the trial date.

In a small claims court, the maximum amount that an individual can sue for is $7,500. This means that if someone has a legal dispute and wants to take it to a small claims court, they can only seek compensation up to this amount. It is important to note that small claims courts are designed to handle minor disputes and provide a simplified and cost-effective process for resolving them. Therefore, the maximum limit is set to ensure that cases within the court's jurisdiction can be handled efficiently.

A plaintiff cannot appeal a small claims court judgment. In small claims court, the purpose is to provide a quick and inexpensive resolution to disputes involving small amounts of money. As a result, the rules and procedures are simplified, and there are usually limited or no options for appeal. The decision made by the small claims court is typically final, and the parties involved must accept the judgment.

If a defendant misses his/her trial date, they can file a SC-135 Motion to Vacate Judgment. This motion is a legal request to have the judgment against them set aside or voided. By filing this motion, the defendant is seeking to have the court reconsider the judgment due to their absence on the trial date. It is a proactive step that the defendant can take to try to rectify the situation and have the opportunity for their case to be heard.

In a small claims court, the maximum amount a business can sue for is $5,000. This means that if a business has a dispute or claim against another party, they can only seek compensation up to this amount in a small claims court. Anything above $5,000 would typically need to be pursued in a higher court or through alternative legal channels.

In small claims court, defendants must generally be served in California. However, there are two exceptions to this rule. The first exception is if the case involves an auto accident that took place in California. In such cases, the defendant can be served outside of California. The second exception is if the case involves property owned by an out-of-state defendant. In this situation as well, the defendant can be served outside of California. Therefore, the correct answer is A & C, which means that if the case involves an auto accident that took place in California or if it involves property owned by an out-of-state defendant, the defendant does not have to be served in California.

A plaintiff has 10 years to collect on a small claims judgment, and this time period can be extended for an additional 10 years through renewal. This means that the plaintiff has a total of 20 years to try and collect the judgment amount. After the initial 10 years, they can renew the judgment for another 10 years if necessary. This gives the plaintiff a significant amount of time to pursue the collection of the judgment.

A collection agency cannot file a small claims court action because they are not the original creditor. Small claims court actions can only be filed by the original creditor or the person or entity to whom the debt is owed. Collection agencies are hired by the original creditor to collect the debt on their behalf, but they do not have the legal authority to file a small claims court action.

Once a small claims case is filed, it is not scheduled for court immediately. Instead, it takes some time for the court to process the case and assign a date for the hearing. The correct answer states that the case is scheduled 40 to 60 days out, meaning that it typically takes around 40 to 60 days for the court to schedule the case and set a hearing date. This allows both parties involved in the case to have sufficient time to prepare their arguments and gather any necessary evidence before appearing in court.

Attorneys can only represent litigants in small claims court on an appeal. This means that if a party is dissatisfied with the decision made in small claims court and decides to appeal the case to a higher court, they can then hire an attorney to represent them. However, during the initial proceedings in small claims court, attorneys are generally not allowed to represent litigants.