Bay Area Justicecorps Small Claims Quiz
This Assessment Test is given at the beginning and end of your JusticeCorps experience to evaluate your level of knowledge in the area of Small Claims Court. The purpose to the Assessment Test is to see if your level of knowledge and understanding has enhanced throughout the program. It is only for statistical purposes. This test will have no effect on your education award.
- 1.What should a litigant do before filing a small claims case?
- A.
Ask for the money owed in person, phone or letter
- B.
Ask for the money owed by a formal letter only
- C.
Get an attorney to ask for the money owed
- D.
Nothing; a litigant can just file
- 2.What is the most an individual can sue for in a small claims court?
- A.
$5,000
- B.
$10,000
- C.
$7,500
- D.
$15,000
- 3.What is the most a business can sue for in a small claims court?
- A.
$5,000
- B.
$10,000
- C.
$15,000
- D.
7,500
- 4.What form is used to initiate a small claims case?
- A.
SC-200
- B.
SC-100
- C.
SR-300
- D.
SR-100
- 5.What determines the court location where a small claims case is tried?
- A.
The court house nearest to where the defendant lives or works
- B.
Where the contract was signed or action performed
- C.
Where the accident took place
- D.
Any of the above
- 6.What are examples of types of cases that may be heard in small claims court?
- A.
Landlord/tenant (non-eviction)
- B.
Car accident
- C.
Bad check
- D.
Divorce
- E.
A, B, and C only
- 7.Once a small claims case is filed, how soon is it scheduled for court?
- A.
It is scheduled 20 to 70 days out
- B.
It is scheduled 5 to 10 days out
- C.
It is scheduled 40 to 60 days out
- D.
Its is scheduled the following day
- 8.How does a litigant name a defendant in a small claims case?
- A.
John S. Doe
- B.
Smith and Hones A Corporation, DBA Continental Candies
- C.
Mary Smith, as an individual, and DBA Continental Candies
- D.
Smith & Hones, a partnership
- E.
All of the above
- 9.How does a litigant notify a defendant of a hearing date? What ways listed below are adequate notification procedures?
- A.
Someone over the age of 18 that is not involved in the case personally hands the defendant the court papers
- B.
Defendant receives notice by certified mail (through the court only)
- C.
By the Sherriff
- D.
Registered processor
- E.
All of the above
- 10.In Small Claims defendants must be served in California, except:
- A.
If the case involves an auto accident that took place in CA
- B.
If the case involves an internet transaction with an out-of-state defendant
- C.
If the case involves property owned by an out-of-state defendant
- D.
If the case involves property owned by an out-of-state defendant
- E.
A & C
- 11.How many days before the trial date does the defendant have to be personally served?
- A.
15 days in County and 20 days out of County
- B.
5 days in County and 10 days out of County
- C.
70 days in County and 70 days out of County
- 12.When can attorneys represent litigants in small claims court?
- A.
Only on an appeal
- B.
Only if the judge allows it
- C.
Attorneys can never represent litigants in Small Claims Court
- D.
Attorneys can Always represent litigants in Small Claims Court
- 13.How does one get a witness to come to court and testify?
- A.
Ask for a witness to come testify
- B.
Subpoena a witness to come and testify
- C.
All of the above
- 14.If a defendant is sued in the wrong court, what can he/she do?
- A.
Challenge the court venue by writing a letter to the court
- B.
There is nothing to do
- C.
Sue the court
- D.
Not show up to the hearing because it is the wrong court
- 15.If a defendant wants to counter-sue a plaintiff in small claims court for $10,000 what can he/she do?
- A.
The defendant can sue for the maximum amount and forgo the difference
- B.
The defendant can take it to a higher court
- C.
Defendants can not counter sue
- D.
None of the above
- E.
A and B only
- 16.If a defendant cannot attend a court date, what can he/she do?
- A.
File a SC-110 and request for postponement 10 days before the court date
- B.
File a SC-110 and request for the hearing to be canceled
- C.
They will automatically lose the case if they try to change the date
- D.
File a SC-110 and pay a fine of 200 dollars to have the hearing date changed
- 17.If a defendant misses his/her trial date, what can he/she do?
- A.
File SC-135 Motion to Vacate Judgment
- B.
If a defendant misses his/her trial date there is nothing left to do other than obey the courts order
- C.
File a SC-135 Motion to Vacate Judgment and pay a 500 dollar fine
- D.
None of the above
- 18.What can a plaintiff do to collect on a small claims judgment?
- A.
Obtain a bank levy
- B.
Do a till tap or a wage garnishment
- C.
Keeper or vehicle levy or record an abstract of judgment on real property
- D.
All of the above
- E.
None of the above
- 19.If a plaintiff wants to collect on a judgment and only has the defendants address and needs additional information what can he/she do?
- A.
Request a court order for a debtor’s examination and a statement of assets
- B.
Check with the recorders office
- C.
They cannot do anything
- D.
A and B only
- 20.How many years does a plaintiff have to collect on small claims judgment?
- A.
10 years and it can be renewed for an additional 10 years
- B.
5 years and it can be renewed for an additional 5 years
- C.
2 years and it can be renewed for an additional year
- D.
1 year and it can not be renewed
- 21.Yes or No-Can a plaintiff appeal a small claims court judgment?
- A.
Yes
- B.
No
- 22.Yes or No-Can a collection agency file a small claims court action?
- A.
Yes
- B.
No
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