Have a Small Claims Court Case in Marin County or thinking of filing one? We have summarized the relevant information you need to know for when you go to the Marin County Small Claims Court.
In this article, learn about:
How to file a small claims lawsuit in Marin County.
Common types of small claims lawsuits
What to expect during a small claims hearing.
How much going to small claims costs.
Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.
Where are the small claims courts in Marin County?
Marin County conducts small claims court hearings in San Rafael. Here is the address:
Marin County Superior Court
3501 Civic Center Drive
San Rafael, California 94903
How do I contact the Marin Small Claims Court Clerk?
Need to contact the Marin Small Claims Court Clerk? Here is how:
Small Claims Clerk: (415) 444-7040
8:00 AM until 4:00 PM
Can I file my Small Claims Case in Marin County?
You can always sue an individual in Marin County small claims court if they live in Marin County. You can always sue a business in a Marin County small claims court if the business is located in Marin County.
You may be able to sue in Marin County small claims in other situations. For example:
If you are suing about a car accident that occurred in Marin County.
If you are suing about property damage to your house and your house is located in Marin County.
If you have an issue with your Landlord returning the security deposit and the rented unit was in Marin County then you would be able to sue your landlord in Marin County Small Claims Court (you would also be able to sue your landlord in the small claims court in the county where your landlord lives).
If the defendant lives in the following cities/towns then you can sue in Marin Small Claims Court: Belvedere, Bolinas, Corte Madera, Dillon Beach, Fairfax, Forest Knolls, Greenbrae, Inverness, Kentfield, Lagunitas, Larkspur, Marin City, Marshall, Mill Valley, Nicasio, Novato, Olema, Point Reyes, Ross, San Anselmo, San Geronimo, San Rafael, Sausalito, Stinson Beach, Tiburon, Tomales, Woodacre.
What types of small claims cases can be filed?
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 Marin 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.
Disputes with airlines (lost luggage, flight delays, flight refunds, etc)
How long do I have to File a Small Claims case in Marin?
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 Marin Small Claims?
This is also known as the "small claims court limits." In Marin County Small Claims you can sue for the following maximum amounts:
California Small Claims Court Limits
What are the Marin County Small Claims Court Filing Fees?
The amount you will pay to file a small claims lawsuit in Marin County depends on how much you are suing for. You will pay between $30 to $75 to file the lawsuit. If cannot afford to pay court fees, you can ask the court to waive the fees.
Small Claims Filing 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.
Marin Small Claims Court Hearings
When will the Small Claims Hearing be?
Once a case is filed in Marin County Small Claims Court, the hearing will be scheduled within 30- 70 days.
You must serve the small claims lawsuit on the defendant at least 15 days before the hearing if the defendant lives or resides within Marin County. If the defendant resides outside of Marin County, you must serve them at least 20 days before the hearing. If you use "substituted service" these deadlines differ (25 days before the hearing if the defendant lives or resides within Marin County and 30 days before the hearing if the defendant resides 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 served the defendant. The next step is to start preparing for your Small Claims Court hearing.
Research the law. If you are unsure about your case, consult an attorney, or conduct your own research about the law.
Prepare your evidence. 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 are correct.
Prepare what to say. During the hearing, the judge will ask the person suing why they 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 costs.
Print enough copies of all your evidence. You will need at least three copies (one for you, one for the judge, 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 cellphones, 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 cases that have hearings on that day.
You want to locate your case on the schedule. If you don't see your case listed, but you have received notice that your case will be heard 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 cases. You will get to watch the cases 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 the parties to show each other the evidence
that they have brought with them.
The Judge will ask the person who is suing why they 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 the parties to show the judge the evidence they brought with them. Sometimes the judge will keep the evidence other times you will get the evidence right back.
Very rarely will a judge tell the parties their decision immediately after the hearing. Instead, the judge will tell the parties that the decision will be mailed to them (usually takes a few weeks to two months or so).
If only the plaintiff shows up:
The plaintiff (the person who is suing) has to still prove their case. The plaintiff will have to tell the judge why they are suing and provide enough evidence.
If only the defendant shows up:
The case gets dismissed without prejudice (meaning that the plaintiff can still file the case again later on.)
Read More: The small claims hearing in Marin County (How to watch a small claims court hearing live!
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 a meeting between both you and the person you sued conducted by a neutral third-party (a mediator). The parties will meet with a mediator, discuss their case, and try to reach a mutually beneficial solution. Both parties must agree to mediation and it cannot be forced on them.
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 is an attorney, consumer advocate, and certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.