Stanislaus — Information on Opening a Small Claims Case

Source: https://www.stanislaus.courts.ca.gov/system/files/forms-and-filings/information-opening-small-claims-case.pdf

Information for Opening a Small Claims Case: I. Fill out the (SC-100) Plaintiff’sClaimandORDERtoGotoSmallClaimsCourt: • All pages of the SC-100 (pages 1-6) must be included when filing it with the Court. • You must also attach Local Form (Attachment SC-001) NoticetoSmallClaimsLitigants. • You may attach documentation, but it must be on 8 1/2 x 11 size sheets of paper. • Make a copy of your Claim (SC-100, SC-001 and any other attachments you may want to include) for EACH Defendant named on the Claim. • Make 1 additional copy for your records.

II. Each Defendant must be served with a copy of SC-100 (Pgs. 1-6) and Local Form SC-001: • For service instructions, read Form SC-104B, which has been included in this packet. • For service instructions on a Business or Public Entity, read Form SC-104C, included in this packet. • A ProofofServiceform must be filed at least 5 court days before the hearing date. • If you would like the Stanislaus County Sheriff’s Office to serve your claim, please contact the Sheriff’s Office Civil Division for more information regarding service fees. • If you would like the Court to serve your Claim via certified mail, the fee is $15.00 per defendant. You must include an extra copy for the clerk to mail. Please let the clerk know at the time of filing if you wish to have the Claim served by certified mail. If submitting your Claim to Turlock via mail, please also include a note to the clerk indicating you are requesting certified mailing of the Claim. The clerk cannot serve the Claim via certified mail to PO Boxes or out of state addresses.

III. File the Claim with the Clerk’s Office: • Physical and mailing address: 300 Starr Avenue, Turlock, CA 95380. • Hours: Please check our website or call our office as they change periodically. (209) 530-3100. • The clerk will file your Claim, assign a case number, and return your copies to you. • You may submit the Claim for filing in the following ways: (1) Via mail; (2) In person by visiting the Turlock Clerk’s Office; (3) Via Electronic filing; (4) Via drop boxes located in the Turlock location or Modesto court locations. You must include a self-addressed stamped envelope for returning your copies. We do not accept cash in the drop box. Information regarding E-filing can be found on our website under the Online Services tab.

IV. Claims filed by Businesses: • If a business is filing multiple claims at once, there may be a delay in processing; therefore, they can be dropped at the window, drop box or E-filed, but might not be processed on the same day. • Please include an Authorization to Appear.

V. Evidence: • Evidence will NOT be received in the Clerk’s Office. If you have evidence you would like the Court to consider (pictures…etc), you may bring it with you to your hearing. Please note: if your case is taken under submission, any evidence that you submitted at your hearing will be returned to you after the date the judge makes a decision. It is preferred that you present the Court with copies of all of your evidence.

VI. Filing Fees for Plaintiff’s Claim and Order: Individual or Business Small Claims $0 to $1500 $30.00 Individual or Business Small Claims $1501 to $5000 $50.00 Individual or Business Small Claims over $5,000 $75.00 Individual or Business Small Claims: Over 12 Claims Filed $100.00 Certified Mailing of Claim if requested– for each Defendant $15.00 *No more than two cases can be filed for more than $2,500 each during a calendar year.**Except for personal injury claims from an auto accident where the insurance policy includes a duty to defend per CCP 116.221