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 Orange County

Any individual over the age of 18 can file in Orange 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 a business, the damages that you may seek are capped at $5,000.

In order to file your claim, you will first need to file the appropriate form, which can be found at the Orange 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 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 must give each defendant that you listed a copy of the Plaintiff’s Claim and Order to go to Small Claims Court.  Although, you cannot make the service yourself, another adult must serve the papers, and if the defendant lives outside the county, you must serve the papers at least 20 days prior to the hearing date.  If the defendant lives within the county, then you must serve the papers at least 15 days prior to the hearing date.

This service may be carried out in one of a few ways.  The first of which is through certified mail via the court clerk, which costs $10.  The second option is to have a process server who is 18 years old and someone other than you personally deliver the papers.  If you use this method, a Proof of Service (SC-104) must be completed and filed with the Small Claims Court at least five days before 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 by first class mail to the defendant at the place 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 prior to the court date.

For more information about the Orange County small claims process, visit the Orange County Superior Court’s website.