San Diego Justicecorps Small Claims Quiz

Small claims court is a specialized court that handles cases involving small amounts of money and disputes that are relatively simple. The examples given in the answer options, which are landlord/tenant (non-eviction), car accident, and bad check, are all types of cases that are commonly heard in small claims court. These cases typically involve disputes over property damage, unpaid debts, or breaches of contract. Child support cases, on the other hand, are typically handled by family courts rather than small claims court.

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 request the court to transfer the case to the correct jurisdiction. By doing so, the defendant can ensure that the case is being heard in the appropriate court, which can have significant implications on the outcome of the case.

If a defendant cannot attend a court date, they can file a SC-150 and request for a 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 prevented them from attending the original date. This option provides a legal and proper way for the defendant to handle their inability to attend the court date.

The correct answer is SC-100. The SC-100 form is used to initiate a small claims case. This form is typically filled out by the plaintiff and includes information such as the names of the parties involved, a description of the claim, and the desired outcome. It is an important document that starts the legal process for resolving small claims disputes.

The defendant must be personally served with the trial date 15 days in advance if the trial is within the county, and 20 days in advance if the trial is outside of the county.

All of the listed ways are acceptable notification procedures for a litigant to notify a defendant of a hearing date. This includes someone over the age of 18 personally handing the court papers to the defendant, the defendant receiving notice by certified mail through the court, notification through the Sheriff's office, or through a registered processor.

Both options mentioned, asking a witness to come testify and subpoenaing a witness, are valid methods to get a witness to come to court and testify. Asking a witness to come testify is a more informal approach where the individual is requested to voluntarily appear in court. On the other hand, subpoenaing a witness involves obtaining a legal document that compels the witness to attend court and give testimony. Therefore, both options can be used to ensure a witness's presence in court for testifying.

The court location where a small claims case is tried can be determined by any of the options mentioned. 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.

Before filing a small claims case against another individual, a litigant should ask for the money owed in person, phone, or in writing. This step is important as it gives the other party an opportunity to resolve the matter outside of court. By directly communicating and requesting the owed money, the litigant can potentially avoid the time and expense of going to court.

In a small claims court, the maximum amount that an individual can sue for is $10,000. This means that if someone has a dispute or claim against another party, they can only seek compensation up to this amount in a small claims court.

In a small claims case, a litigant can name a defendant in multiple ways. They can name an individual defendant by using their full name, like "John S. Doe". They can also name a corporation by including the corporation's name and any "doing business as" (DBA) names it uses, like "Smith and Hones A Corporation, DBA Continental Candies". Additionally, they can name an individual defendant who is also doing business under a different name, like "Mary Smith, as an individual, and DBA Continental Candies". Lastly, they can name a partnership by including the names of the partners, like "Smith & Hones, a partnership". Therefore, all of the above options are correct ways to name a defendant in a small claims case.

A plaintiff can collect on a small claims judgment by taking various actions. They can obtain a bank levy, which allows them to seize funds from the defendant's bank account. They can also do a till tap or wage garnishment, which involves taking a portion of the defendant's wages or income. Additionally, they can choose to do a keeper or vehicle levy, where they seize and sell 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 property. Therefore, all of the options mentioned above are valid methods for a plaintiff to collect on a small claims judgment.

The plaintiff 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, the plaintiff can check with the recorders office to search for any additional information or assets that the defendant may have. These two options provide the plaintiff with potential avenues to gather the necessary information to collect on the judgment.

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 made in their absence and potentially reschedule the trial. It is a legal recourse available to defendants who were unable to attend the trial for valid reasons.

Attorneys can only represent litigants in small claims court on an appeal. This means that if a party disagrees with the decision made in small claims court and wants to challenge it, they can hire an attorney to represent them in the appellate court. However, during the initial proceedings in small claims court, attorneys are generally not allowed to represent litigants.

None of the options provided in the question accurately explain what a defendant who is an individual can do if they want to counter-sue a plaintiff in small claims court for $15,000. Therefore, the correct answer is "None of the above".

A plaintiff cannot appeal a small claims court judgment. In small claims court, the judgment is typically final and there is no right to appeal. The purpose of small claims court is to provide a quick and efficient resolution to disputes involving smaller amounts of money, and allowing appeals would undermine this goal. Therefore, once a judgment is made in small claims court, it is generally considered final and cannot be appealed.

A collection agency cannot file a small claims court action. Small claims court is typically used for individuals and small businesses to resolve disputes involving small amounts of money. Collection agencies, on the other hand, are third-party companies hired by creditors to collect overdue debts. They do not have the authority to file legal actions in court, but they can take other actions such as contacting debtors, negotiating payment plans, or reporting the debt to credit bureaus. Therefore, the correct answer is "No".

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 damages up to this amount in a small claims court.

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 collect the judgment amount. Renewal allows the plaintiff to continue pursuing the collection even if the initial 10-year period has expired.

Defendants must be served in California in Small Claims cases, except in certain situations. If the case involves an auto accident that took place in California, the defendant does not need to be served in California. Similarly, if the case involves an internet transaction with an out-of-state defendant or property owned by an out-of-state defendant, the defendant does not need to be served in California.