San Diego Justicecorps Small Claims Quiz
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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 against another individual?
- A.
Ask for the money owed in person, phone or in writing
- 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 in writingExplanation
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.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
B. $10,000Explanation
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.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 damages up to this amount in a small claims court.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. 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.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 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.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.
Child Support
- E.
A, B, and C only
Correct Answer
E. A, B, and C onlyExplanation
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.Rate this question:
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- 7.
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
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.Rate this question:
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- 8.
How does a litigant notify a defendant of a hearing date? What ways listed below are acceptable 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's office
- D.
Through a registered processor
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
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.Rate this question:
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- 9.
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
Explanation
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.Rate this question:
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- 10.
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.
14 days in County and 30 days out of County
Correct Answer
A. 15 days in County and 20 days out of CountyExplanation
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.Rate this question:
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- 11.
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 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.Rate this question:
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- 12.
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
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.Rate this question:
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- 13.
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 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.Rate this question:
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- 14.
If a defendant who is an individual wants to counter-sue a plaintiff in small claims court for $15,000 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.
A and B only
- E.
None of the above
Correct Answer
E. None of the aboveExplanation
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".Rate this question:
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- 15.
If a defendant cannot attend a court date, what can he/she do?
- A.
File a SC-150 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-150 and request for postponement 10 days before the court dateExplanation
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.Rate this question:
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- 16.
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 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.Rate this question:
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- 17.
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 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.Rate this question:
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- 18.
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
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.Rate this question:
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- 19.
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 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.Rate this question:
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- 20.
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 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.Rate this question:
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- 21.
Yes or No-Can a collection agency file a small claims court action?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
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".Rate this question:
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Jun 07, 2023Quiz Edited by
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Sep 07, 2010Quiz Created by
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