This Resource Guide for Small Claims Court litigants is designed to direct you to a number of resources and locations where you can get help to file and prepare your Small Claims Court case.
Some of the resources will provide you an opportunity to talk with someone about your case. Some of the resources will require that you read and understand material about Small Claims Court and apply what you read yourself.
For instance, should you go to the Law Library for assistance you will be referred to materials that will help you, and you will be called upon to read, review, and apply the materials on your own to your particular case.
We hope this Resource Guide is helpful.
The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.
Legal clinics and other resources referred to here will allow you to discuss your case with someone at the legal clinics, and you will be given information about how to handle your case by the person you speak with.
Start here to find out if you have a claim or defense. Advisors and volunteers at the clinics may be able to provide you with information to determine if you have a legal claim. Once it is established that you have a valid legal claim or defense, you can use the other resources in this guide to start or reply to a small claims case.
For in-person help, you can consult the following:
Lawyers usually cannot represent you in a small claims action. They may advise you, but with some exceptions you must represent yourself in court.
This guide is intended to assist you in preparing for your small claims action. It is not intended to provide legal advice. Be certain to do your own thorough research.
By law, every superior court in California shall have a small claims division. See: Code of Civil Procedure §116.210.
The Small Claims Court has jurisdiction in the following actions:
Read the Code carefully to be sure your claim is a fit.
There are limits to the number of small claims actions you can bring. See Code of Civil Procedure §116.231.
The San Diego Superior Court has a great information page for small claims procedure on their website here.
As with any lawsuit, if you cannot resolve your dispute through discussion or mediation, you can start by filing a claim (or complaint) with the court, and then serving that claim on the defendant. You will then appear in court and present your case to the judge.
You can find all the forms you need for your small claims action on the court's website here. Start by reading the Information Sheet.
You may be able to electronically file your case. For information about e-filing in San Diego look here.
If you are being sued in Small Claims court, start by reading the information provided in the papers you were served. It tells you what you are being sued for, when to appear in court, what you have to bring, and offers options that may stop the claim from proceeding in court. Also, read through the California Courts website on Being Sued in Small Claims for information on filing a Defendant's claim and preparing for trial.
Look at the Resources page of this Guide for online materials, and hard copy materials that will assist you.
IMPORTANT NOTES:
What to expect in Small Claims Court - some tips for both parties!
If you are representing yourself in court, the Odyssey Guide & File website may be able to help you prepare your legal documents online. Guide & File has forms for divorce, family law, eviction/unlawful detainer, small claims, restraining orders, guardianship, and more. You must review your forms before filing them with the court.
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