Sonoma /divisions/civil/civil-small-claims-faq

Source: https://sonoma.courts.ca.gov/divisions/civil/civil-small-claims-faq

Civil & Small Claims FAQ

How do I submit my exhibits prior to the Zoom hearing?

For instructions on how to submit exhibits prior to your hearing please see the Standing Order Re: Small Claims Trials. Also available for use is optional form Exchange and Submission of Evidence. In addition you may contact the court’s Self-Help Center for assistance prior to your hearing date by phone at (707) 521-6534 or by email at selfhelp@sonomacourt.org.

What if I need assistance appearing by Zoom?

For assistance in how to appear by Zoom please review the Virtual Appearance Guide. You may also contact the court’s Self-Help Center for assistance prior to your hearing date by phone at (707) 521-6534 or by email at selfhelp@sonomacourt.org.

Can I appear by telephone?

Not all calendars allow appearance by phone. If telephonic appearance is allowed - and the tentative rulings can tell you if the calendar allows that - you may only do so by contacting Court Call directly at (888) 882-6878.

Do I have to let the other side look at my Order before it's signed?

Local Rule 5.9, and California Rules of Court, rule 327 govern Orders after hearing. To get your order processed quickly and without problems, you should mail a copy to the attorney for the other side and have them approve the form of the order. A proof of service by mail should be attached.

How do I find out the tentative ruling?

Tentative rulings are available for the following calendars on the Tentative Rulings Page.

Each calendar is listed under the assigned department.

Case Management Calendar (CMC)

Collections Calendar

Guardianship

Order To Show Cause (OSC) Calendar

Law & Motion Calendar

Probate

Trial Call

How do I get a judgment off my credit report?

The court cannot remove an item from your credit report. You should contact the credit reporting agency regarding information on your credit report. If you have paid the judgment AND the other party has filed an Acknowledgement of Satisfaction of Judgment form, you may obtain a copy of that form from the Court's file. Send it to the credit reporting agency to prove that you have paid the debt.

How long can I expect to wait until my case is called?

This depends on the size of the court calendar. It is suggested that you plan to be here all morning, if you have a morning appointment and all afternoon, if you have an afternoon appointment. Court office hours are 8:00 a.m. – 4:00 p.m.

I have a Motion to Continue Trial, will there be a tentative ruling?

There will not be a tentative ruling for this calendar. Attorneys must be present on behalf of their clients. If you are self represented, you must be at the hearing.

I paid my judgment to the other party, but they did not file proof with the court. What do I do?

In a Small Claims case, you may file an Application for Presumed Satisfaction of Judgment. This form is available at the court or from the Small Claims advisor. There will be a fee to obtain this order.

In cases other than Small Claims, you should seek legal advice.

I paid my judgment to the other party, how do I prove it?

If you have paid the judgment AND the other party has filed an Acknowledgement of Satisfaction of Judgment form, you may obtain a copy of that form from the Court's file. Send it to the credit reporting agency to prove that you have paid the debt.

I submitted an Order after my hearing, how long does it take to get signed?

Orders after a hearing are processed as routine. Local Rules outline generally an order submitted for signature will be processed in 15 working days.

I want to sue someone, what forms do I need?

You may be able to use Small Claims Court if the amount owed is less than $10,000. Information regarding the current filing fee and the forms are available on the local forms page.

There are many possible forms that you may need, depending on the circumstances of your case. The clerks at the courthouse cannot give you legal advice, they can provide the forms but cannot recommend which form to use. The Small Claims Advisor is available to assist you.

For assistance in identifying the proper forms, you may contact an attorney. You may also contact the Lawyer Referral Service for Sonoma County. You may also contact Sonoma County Legal Aid if you qualify for services.

I was given a hearing date, called a Case Management Conference. Is this my trial?

No, this is not your trial date. You must file an Answer or Response if you have been served a Summons. In addition, you must file a Case Management Statement (form CM-110).

I was served with a Summons, what do I do?

You should seek legal advice. You can contact the Sonoma County Bar Association for a list of local attorneys, or you may look in the yellow pages. You may also contact the Lawyer Referral Service for Sonoma County. You may also contact Sonoma County Legal Aid if you qualify for services.

Once served with a Summons, you have a specific period of time to respond. This response – usually called an "Answer" - must be on the proper forms, with a proof of service, and must be filed before the deadline. Your summons will have a number of days, either 5, 10 or 30, this is your timeline.

If your deadline ends on a Court holiday or weekend, you have until 4:00 p.m. on the next business day to file your "Answer".

Failure to take any action at all, or failure to file the appropriate Answer may result in judgment being entered against you without a court trial.

Where do I get forms for a lawsuit or small claims?

You can obtain most forms on our website by accessing the Forms Home Page.

What is an "Answer"?

An "Answer" is a legal term for the document you need to file if you have been served with a Summons. Your summons will have a number of days given to respond, either 5, 10 or 30, to file your response. This response – usually called an "Answer" - must be on the proper forms, with a proof of service, and must be filed before the deadline.

If your deadline ends on a Court holiday or weekend, you have until 4:00 p.m. on the next business day to file your "Answer".

Failure to take any action at all, or failure to file the appropriate Answer may result in judgment being entered against you without a court trial.

If you need help to identify the correct forms, or help in filing the forms out, you should seek legal advice. You can contact the Sonoma County Bar Association for a list of local attorneys, or you may look in the yellow pages. You may also contact the Lawyer Referral Service for Sonoma County. You may also contact Sonoma County Legal Aid.

What is an "ex parte"?

Ex parte is a legal term referring to communication with the Judge by one side. Ex parte communication is only allowed if all communication is in writing AND notice is given to the other party.

Ex Parte documents are used to obtain orders from the Court, normally for emergencies. A typical ex parte action is a request for a restraining order or preliminary injunction.

Where can I get a list of adjudicated newspapers?

For a list of adjudicated newspapers click here.