This chapter shall be known and may be cited as “The Small Claims Act.”
Small Claims CourtGeneral Provisions
Section § 116.110
This section establishes the official name of the legislation as 'The Small Claims Act.'
Small Claims Act chapter title official name
Section § 116.120
This law establishes that minor civil disputes, like those dealt with in small claims court, are very important to the people involved and have a broader impact on society and the economy. It stresses that these disputes should be handled quickly, cheaply, and fairly. Small claims courts were set up to provide this kind of forum, making it a crucial part of the justice system and essential for protecting people's rights and property. The law also ensures that court procedures prioritize the convenience of individuals involved over that of other parties or witnesses.
The Legislature hereby finds and declares as follows:
(a)CA Civil Procedure Code § 116.120(a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively.
(b)CA Civil Procedure Code § 116.120(b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes.
(c)CA Civil Procedure Code § 116.120(c) The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals.
(d)CA Civil Procedure Code § 116.120(d) The small claims divisions, the provisions of this chapter, and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses.
small claims court minor civil disputes judicial forum
Section § 116.130
This law section provides definitions for key terms related to small claims court. A 'plaintiff' is anyone who starts a small claims case, while a 'defendant' is the person being sued, even if they counterclaim. The 'judgment creditor' is whoever wins the money judgment, and 'judgment debtor' is the loser. The term 'person' encompasses individuals and businesses, while 'individual' strictly means a human. 'Party' refers to both plaintiffs and defendants. A 'motion' is a party's written request to the court, which could be informal, like a letter. A 'declaration' is a signed statement under oath, and 'good cause' involves a judge's decision that certain circumstances justify a court's action. Lastly, 'mail' refers to first-class postage unless stated otherwise.
In this chapter, unless the context indicates otherwise:
(a)CA Civil Procedure Code § 116.130(a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff.
(b)CA Civil Procedure Code § 116.130(b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim.
(c)CA Civil Procedure Code § 116.130(c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered.
(d)CA Civil Procedure Code § 116.130(d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered.
(e)CA Civil Procedure Code § 116.130(e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity.
(f)CA Civil Procedure Code § 116.130(f) “Individual” means a natural person.
(g)CA Civil Procedure Code § 116.130(g) “Party” means a plaintiff or defendant.
(h)CA Civil Procedure Code § 116.130(h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter.
(i)CA Civil Procedure Code § 116.130(i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct.
(j)CA Civil Procedure Code § 116.130(j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge.
(k)CA Civil Procedure Code § 116.130(k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise.
small claims court plaintiff defendant
Section § 116.140
In small claims court, certain rules don't apply. Specifically, you won't get extra time to act just because a notice was mailed to you, and you can't use prejudgment attachments, which are legal tools to secure a defendant's assets before winning a case.
The following do not apply in small claims actions:
(a)CA Civil Procedure Code § 116.140(a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for taking action when notice is given by mail.
(b)CA Civil Procedure Code § 116.140(b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of prejudgment attachments.
small claims court extension of time notice by mail
