How to file a Small Claim in San Joaquin County

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The Small Claims Court in San Joaquin County resolves disuptes in a very fast and efficient manner. You can file a small claim in San Joaquin County only if your claim amount is less than or equal to $5000. If you think you can claim multiple cases, please note that there is a maximum limit of 2 cases, each of which cannot exceed $2500.

 

If you want to file a small claim in San Joaquin County, you need to be 18 years old at least. If not, the court will appoint a person called guardian ad litem, who can be a relative, an adult friend or even a parent.

 

There are certain conditions that you must go through, before you file a small claim in San Joaquin County Small Claims Court. Make sure you have made a demand from the defendant. In case he has defaulted, only then can you file your claim. If the matter is regarding the possession of a personal property, make sure you first confront the defendant and ask him to handover the property to you. Then, if he does not agree, you can file your small claim. Moreover, you can file a small claim in San Joaquin County only if you are the original owner. For more information refer http://www.stocktoncourt.org/smclaims.htm


The next thing to be looked into is the venue. You can file your small claim either in the residential place of your defendant or in the place where the incident has occurred. Make sure you give the correct name and address of the defendant while filing your claim and also ensure that the defendant receives the copy of your claim from the Small Claims Court. In case the defendant has a counter claim, he can file a defendant’s claim 5 days before the date of the trial. There are certain forms that you may have to fill in and you can download the same from http://www.stocktoncourt.org/forms.htm

 

Once the court gives the date of the trial, if you think you require legal help, you should consult an attorney in San Joaquin County. You have to do this before the trial, as your attorney or lawyer will not be allowed to represent you in the Small Claims Court. The details are available on http://lawyers.llrx.com/lawyers/california/san-joaquin-county.

 

There are some court fees that you may have to pay for certain procedures. Some fees are also charged when the defendant is served with your claim. In case you cannot afford to pay this fees, you can always ask for a waiver. For this, you will have to ask the clerk and make sure you are eligible for this waiver.

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