Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

The rules of civil procedure and evidence are typically simplified in small claims proceedings so as to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures such as depositions are not allowed in small claims, and generally speaking, neither is a trial by jury.

Filing Small Claims in Alameda County

Any individual over the age of 18 can file in Alameda County Small Claims Court for damages up to $7,500.  If you are under 18, then a parent may file on your behalf.  However, if you are a corporation or business, then the damages that you may seek are capped at $5,000.

In order to file the claim, you will first need to file the appropriate form, which can be found at the Alameda County Court System’s website.  There is a court fee of $30 if the amount of the claim is $1,500 or less.  If the amount of the claim is over $1,500 up to $5,000, then the fee is $50.  Any amount over $5,000 up to the small claims limit of $7,500 requires a fee of $75.  If you have filed more than twelve claims in the previous twelve months, then no matter how much you are seeking in damages, the fee is $100.

After you file you claim, you must give each defendant that you listed a copy of the Plaintiff’s Claim and Order to go to Small Claims Court. You cannot make the service yourself, however, another adult must serve the papers, and if the defendant resides outside the county, you must serve the papers to him or her at least 20 days before the hearing date. If the defendant lives within the county, then you must serve the papers at least 15 days before the hearing date.

This service may be carried out one of a few ways.  The first is through certified mail via the court clerk, which involves a fee of $10.  The second option is to have a process server, who is at least 18 years old and someone other than you, personally deliver the papers.  If you choose this method, a Proof of Service (SC-104) must be completed and filed with the Small Claims Court at least five days prior to the hearing date.  The third option is to have a process server make substituted service by leaving a copy of the Plaintiff’s Claim and Order to go to Small Claims Court either at the defendant’s home with someone who is 18 years or older or at the defendant’s business with the person in charge during normal office hours. Copies must also be mailed via first class mail to the defendant at the location where the papers were left.  If substituted service is used, then a Proof of Mailing (SC-104A) must be completed and filed with the court at least five days before the court date.

For additional information and legal assistance pertaining to the Alameda County small claims process, visit the Alameda County Superior Court’s website.