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Are you thinking of filing a small claims court lawsuit in Toulumne county but don't know how the process works? In this article, we break down the steps you need to take to file a lawsuit in Toulumne county, where to file, the costs associated with filing, and more about the small claims process.
Small Claims Court in Tuolumne County
Small claims hearings in Tuolumne County are heard in the Tuolumne Superior Court.
Tuolumne Superior Court
12855 Justice Center Drive
Sonora, CA 95370
Phone Number: (209) -533-5555
Courthouse Office Hours: 8:00 a.m. to 5:00 p.m.
Can I File My Small Claims Lawsuit in Tuolumne County?
You can always sue an individual in Tuolumne County small claims court if they live in Tuolumne County. You can always sue a business in Tuolumne County small claims court if the business is located in Tuolumne County.
You may be able to sue in Tuolumne County small claims in other situations. For example:
If you are suing because you were in a car accident that occurred in Tuolumne County.
If you are suing about property damage to your house located in Tuolumne County.
If you have an issue with your landlord returning the security deposit and the rented unit was in Tuolumne County then you would be able to sue your landlord in Tuolumne County Small Claims Court (you would also be able to sue your landlord in the small claims court in the county where they live).
If the defendant lives in the following cities/towns then you can sue in Tuolumne Small Claims Court: Big Oak Flat, Chinese Camp, Columbia, Groveland, Jamestown, Long Barn, Mi Wuk Village, Moccasin, Pinecrest, Sonora, Soulsbyville, Standard, Strawberry, Tuolumne, Twain Harte, or any city within Tuolumne County.
What Types of Small Claims Cases Can be Filed in Tuolumne County Small Claims Court?
As long as there isn't another court better suited to file the lawsuit, then the lawsuit can be filed in small claims. The most common types of small claims lawsuits in Tuolumne County Small Claims Court are:
Landlord/Tenant disputes over the security deposit.
Landlord/Tenant disputes over unpaid rent.
Disputes over loans.
Contracts (written and verbal).
Disputes over auto repairs.
Disputes over remodeling or home repairs (disputes with contractors).
Damage caused to property.
How Long Do I have to File a Small Claims Case in Tuolumne County?
We recommend you do not wait to file your small claims court lawsuit! After an incident occurs, you only have a set period of time to file your lawsuit. Think of this as a deadline (called the statute of limitations). Once the deadline is reached, you cannot file your California Small Claims Court lawsuit.
How Much Can I Sue for in Tuolumne County Small Claims?
This is also known as the "small claims court limits." In Tuolumne County Small Claims you can sue for the following maximum amounts:
What are the Tuolumne County Small Claims Court Filing Fees?
The amount you will pay to file a small claims lawsuit in Tuolumne County depends on how much you are suing for. You will pay between $30 to $75 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.
What are Other Costs for Small Claims Court?
In most small claims cases, you can expect to pay:
If you win, you can request that the losing party pay for your court fees and serving costs.
Tuolumne County Small Claims Court Hearings
When will the small claims hearing be?
Once a case is filed in Tuolumne County Small Claims Court, the hearing will be scheduled within 30- 70 days.
You must notify the person you sued at least 15 days before the hearing if they live in Tuolumne County. If they live outside of Tuolumne County, you must notify them at least 20 days before the hearing.
Note: If you use "substituted service" these deadlines differ (25 days before the hearing if they live in Tuolumne County and 30 days before the hearing if they live outside the county).
Make sure to file "Proof of Service" at least 5 days before the hearing.
How to prepare for a small claims court hearing?
You have filed your case and notified the person you sued. The next step is to start preparing for yourSmall Claims Court hearing.
Research the law. If you are unsure about you the laws involving your lawsuit (aka why you should win your lawsuit), consult an attorney, or conduct your own research about the law (a quick Google search goes a long way).
Prepare your evidence. This may include invoices, contracts, receipts, etc. You want to have your evidence organized with titles, dates, and why that piece of evidence is important. All your evidence should be geared towards showing the judge why you should win.
Prepare what to say. During the hearing, the judge will ask you why you are suing. If you are being sued, you will be asked why you don't owe the other party money.
Get your receipts for costs ready. For example, your filing fees and any process server costs. Make sure to let the judge know that you would like to be reimbursed for these costs.
Print enough copies of all your evidence. You will need at least three copies (one for you, one for the judge, and one for the other side).
What happens on the hearing date?
Give yourself plenty of time.
You do not want to be late for your hearing. Give yourself plenty of time for parking and navigating the courthouse.
Once You Walk into the Courthouse...
Once you walk in, the first thing you will see is airport-like security. You will need to put your belongings through the metal detector. You can bring in laptops and cell phones, unlike some courthouses.
Once you arrive at the courtroom, locate your case on the paper schedule outside the courtroom door.
Outside of each courtroom, there will be a printed list of the lawsuits that have hearings on that day.
You want to locate your lawsuit on the schedule. If you don't see your lawsuit listed, but you have received notice that your lawsuit will have a hearing that day, you may want to try and speak to the sheriff or clerk in the courtroom.
Make sure to use that waiting time to organize your evidence or go to the restroom.
Once the courtroom is opened, the court clerk, sheriff, and judge will go through what to expect. You will be sitting in a room with other people who have filed small claims lawsuits. You will get to watch their hearings before yours. Make sure you are in the courtroom when your case is called!
If both parties show up:
Right before the hearing, the judge will ask you and the person you sued to show each other the evidence that they have brought with them.
The Judge will ask you why you are suing.
Then the person who is being sued will get to present their side of the story.
The hearing will last around 15 minutes.
The judge will ask you to show the judge the evidence you brought with you. Sometimes the judge will keep the evidence. Otherwise, you will get your evidence right back.
Very rarely will a judge tell you who won or lost immediately after the hearing. Instead, the judge will tell you that their decision will be mailed to them (which usually takes a few weeks to two months or so).
If only you show up but the person you sued does not show up:
You still have to prove to the judge why you should win.
If only the defendant shows up:
The judge will close the lawsuit
Are attorneys allowed in small claims court?
Attorneys are not allowed to represent you or the person you sued at the initial hearing. If the person you sued appeals (meaning they lost and want the judge to decide again) then attorneys are allowed to represent the parties at the appeal hearing.
Small claims mediation
Some small claims courts offer free mediation on the date of your hearing.
What is mediation? Mediation is an effort to see if the parties can come to a mutually agreeable solution or settlement. The settlement can be for the same amount of money being claimed and can involve other non-monetary agreements between the parties.
Do I have to participate in mediation? Mediation is a voluntary process, both you and the other party decide whether to participate in meditation or not.
When will mediation occur? The court clerk, judge, or sheriff will announce if there are mediators available that day. Usually, the judge will tell the audience that if you opt for mediation, you can try to mediate the case while other hearings are being conducted. If you finish the mediation early, then you get to "skip the line" and your case is processed faster.
Chief Legal Architect & Co-Founder @ People Clerk. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.