Capitol Region Justicecorps Small Claims Quiz
(137).webp "Capitol Region Justicecorps Small Claims Quiz - 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
Correct Answer
A. Ask for the money owed in person, phone or letterExplanation
Before filing a small claims case, a litigant should first try to resolve the issue by asking for the money owed in person, over the phone, or through a letter. This step is important as it allows the litigant to communicate their concerns and give the other party an opportunity to settle the matter without going to court. By attempting to resolve the dispute through direct communication, the litigant may be able to avoid the time, expense, and stress of a legal proceeding.Rate this question:
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- 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
Correct Answer
C. $7,500Explanation
In a small claims court, the maximum amount that an individual can sue for is $7,500. This means that if someone has a dispute or claim against another person or entity, they can only seek compensation up to this amount in a small claims court. This limit is in place to ensure that small claims courts handle relatively minor disputes and provide a simplified and expedited process for resolving them.Rate this question:
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- 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
Correct Answer
A. $5,000Explanation
In a small claims court, the maximum amount that 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 limit. Small claims courts are designed to handle relatively minor legal issues, and the $5,000 limit helps to ensure that the process remains efficient and accessible to all parties involved.Rate this question:
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- 4.
What form is used to initiate a small claims case?
- A.
SC-200
- B.
SC-100
- C.
SR-300
- D.
SR-100
Correct Answer
B. SC-100Explanation
The correct answer is SC-100. SC-100 is the form used to initiate a small claims case. This form is typically used to provide the court with information about the plaintiff, defendant, and the nature of the claim. It is an important document that starts the legal process for small claims cases.Rate this question:
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- 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
Correct Answer
D. Any of the aboveExplanation
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 of the court house 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 option is applicable in determining the court location.Rate this question:
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- 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
Correct Answer
E. A, B, and C onlyExplanation
Examples of types of cases that may be heard in small claims court include landlord/tenant disputes that do not involve eviction, car accidents, and cases involving bad checks. Divorce cases are typically not heard in small claims court, as they are typically handled in family court or a separate court specifically designated for divorce cases. Therefore, the correct answer is A, B, and C only.Rate this question:
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- 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
Correct Answer
C. It is scheduled 40 to 60 days outExplanation
Once a small claims case is filed, it is scheduled for court 40 to 60 days out. This means that there is a waiting period of approximately 40 to 60 days before the case is heard in court. During this time, both parties involved have the opportunity to gather evidence, prepare their arguments, and potentially reach a settlement outside of court. This waiting period allows for sufficient time for the necessary preparations to be made before the case is brought before a judge.Rate this question:
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- 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
Correct Answer
E. All of the aboveExplanation
The correct answer is "All of the above". This is because a litigant can name a defendant in a small claims case by using any of the mentioned options. They can name an individual defendant by using their full name (John S. Doe), a corporation by using its full name and doing business as (DBA) name (Smith and Hones A Corporation, DBA Continental Candies), an individual defendant who is also doing business as (DBA) (Mary Smith, as an individual, and DBA Continental Candies), or a partnership (Smith & Hones, a partnership).Rate this question:
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- 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
Correct Answer
E. All of the aboveExplanation
All of the options listed are considered adequate notification procedures for a litigant to notify a defendant of a hearing date. The litigant can choose to have someone over the age of 18 who is not involved in the case personally hand the court papers to the defendant. Alternatively, the defendant can receive notice by certified mail, which is sent through the court only. Another option is to have the Sheriff deliver the court papers to the defendant. Lastly, a registered processor can also be used to notify the defendant.Rate this question:
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- 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
Correct Answer
E. A & CExplanation
In small claims court in California, defendants must generally be served within the state. However, there are exceptions to this rule. One exception is if the case involves an auto accident that took place in California. In such cases, the defendant can be served even if they are located out of state. Another exception is if the case involves property owned by an out-of-state defendant. In these situations, the defendant can also be served outside of California. Therefore, the correct answer is A & C, which means that if the case involves an auto accident in California or property owned by an out-of-state defendant, the defendant does not have to be served in California.Rate this question:
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- 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
Correct Answer
A. 15 days in County and 20 days out of CountyExplanation
The defendant must be personally served 15 days before the trial date if the trial is in the same county, and 20 days before the trial date if the trial is in a different county.Rate this question:
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- 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
Correct Answer
A. Only on an appealExplanation
Attorneys can only represent litigants in small claims court on an appeal. This means that if a party wishes to challenge the decision made in small claims court, they can hire an attorney to represent them during the appeal process. However, during the initial proceedings in small claims court, attorneys are not allowed to represent litigants.Rate this question:
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- 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
Correct Answer
C. All of the aboveExplanation
All of the above options are correct because they all provide ways to get a witness to come to court and testify. Asking a witness to come and testify is a common approach, where the person is requested to voluntarily appear in court. On the other hand, subpoenaing a witness is a legal order that requires them to attend court and give testimony. Both methods can be used to ensure the presence of a witness in court for their testimony.Rate this question:
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- 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
Correct Answer
A. Challenge the court venue by writing a letter to the courtExplanation
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 formally dispute the jurisdiction of the court and request that the case be transferred to the correct court. By doing so, the defendant can ensure that the case is heard in the appropriate jurisdiction, which is important for a fair and just legal process.Rate this question:
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- 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
Correct Answer
E. A and B onlyExplanation
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 allowed in small claims court and forgo any amount exceeding that limit. Alternatively, they can choose to take the case to a higher court where there is no limit on the amount they can sue for.Rate this question:
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- 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
Correct Answer
A. File a SC-110 and request for postponement 10 days before the court dateExplanation
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 ask for a new date to be scheduled, giving them more time to prepare or resolve any conflicts that prevented them from attending the original court date.Rate this question:
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- 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
Correct Answer
A. File SC-135 Motion to Vacate JudgmentExplanation
If a defendant misses his/her trial date, they can file a SC-135 Motion to Vacate Judgment. This motion allows the defendant to request the court to set aside the judgment that was made in their absence. By filing this motion, the defendant can argue that they had a valid reason for missing the trial and request a new trial or a reconsideration of the judgment. It is a legal recourse available to defendants who were unable to attend their trial.Rate this question:
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- 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
Correct Answer
D. All of the aboveExplanation
A plaintiff can collect on a small claims judgment by using various methods. They can obtain a bank levy, which allows them to freeze the defendant's bank account and collect the owed amount. They can also do a till tap or a wage garnishment, which involves collecting money directly from the defendant's paycheck or cash register. Additionally, they can use a keeper or vehicle levy, where they seize and sell the defendant's property to collect the judgment amount. Lastly, they can record an abstract of judgment on real property, which creates a lien on the defendant's property until the judgment is paid. Therefore, all of the mentioned options are available to the plaintiff for collecting on a small claims judgment.Rate this question:
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- 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
Correct Answer
D. A and B onlyExplanation
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 the plaintiff to legally compel the defendant to provide information about their assets and financial situation, which can help in the collection process. Additionally, the plaintiff can check with the recorder's office to gather any relevant public records or documentation that may provide further information about the defendant's assets or financial status.Rate this question:
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- 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
Correct Answer
A. 10 years and it can be renewed for an additional 10 yearsExplanation
A plaintiff has 10 years to collect on a small claims judgment, and they have the option to renew it for an additional 10 years. This means that they have a total of 20 years to collect on the judgment if they choose to renew it.Rate this question:
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- 21.
Yes or No-Can a plaintiff appeal a small claims court judgment?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
A plaintiff cannot appeal a small claims court judgment. In small claims court, the purpose is to resolve disputes quickly and inexpensively, and the procedures are simplified to achieve this goal. Appeals are generally not allowed in small claims court, as it would go against the purpose of providing a speedy resolution. Therefore, the correct answer is "No."Rate this question:
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- 22.
Yes or No-Can a collection agency file a small claims court action?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
A collection agency typically does not have the authority to file a small claims court action. Their role is to collect debts on behalf of the original creditor, but they do not have the legal standing to initiate legal proceedings in court. Filing a small claims court action would require the involvement of the original creditor or the debtor themselves. Therefore, the correct answer is "No."Rate this question:
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Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.
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Current Version
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Apr 03, 2024Quiz Edited by
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Sep 07, 2010Quiz Created by
Dsiskind
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