Have a Small Claims Court Case in Sacramento County or thinking of filing one?
In this article, learn about:
- We have summarized how to file a small claims lawsuit in Sacramento County below.
- Common types of small claims lawsuits
- What to expect during a small claims hearing.
- Small Claims Court Limits
- 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.
Small Claims Court in Sacramento County
While there are many courthouses in Sacramento, the only one that conducts small claims court hearings is the Carol Miller Justice Center.
Here is the address:
Carol Miller Justice Center
301 Bicentennial Circle
Sacramento, CA 95826
How do I contact the Sacramento Small Claims Court Clerk?
Need to contact the Sacramento Small Claims Court Clerk? Here is how:
- Small Claims Clerk: (916) 875-7746
- Phone hours are Monday - Friday 8:05 a.m. to 4:00 p.m.
- On the 2nd Floor of the Carol Miller Justice Center (301 Bicentennial Circle, Sacramento, CA 95826)
Can I file my Small Claims Case in Sacramento County?
You can always sue an individual Sacramento Small Claims Court if they live in Sacramento County. You can always sue a company in Sacramento Small Claims Court if their business is located in Sacramento County.
You may be able to sue in Sacramento Small Claims in other situations. For example:
- If you are suing about a car accident that occurred in Sacramento County.
- If you are suing about property damage to your house that occurred in Sacramento County.
- If you have an issue with your Landlord returning the security deposit and the rented unit was in Sacramento County then you would be able to sue your landlord in Sacramento 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 Sacramento Small Claims Court: Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Racho Cordova, Antelope, Carmichael, Courtland, Elverta, Fair Oaks, Herald, Hood, Mather, McClellan, North Highlands, Orangevale, Rio Linda, Ryde, Sloughhouse, Walnut Grove, Wilton.
What types of small claims cases can be filed?
So long as there isn't another court better suited to hear the case, then the lawsuit can be filed in small claims. The most common types of small claims cases in Sacramento Small Claims Court are:
- Landlord/Tenant disputes over the security deposit.
- Landlord/Tenant disputes over unpaid rent.
- Roommate disputes.
- Disputes over loans.
- Contracts (written and verbal).
- Auto accidents.
- Disputes over auto repairs.
- Disputes over remodeling or home repairs (disputes with contractors).
- Damage caused to property.
- Unpaid bills.
How long do I have to File a Small Claims case in Sacramento County?
- 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.
- Read Common statutes of limitations for Sacramento County Small Claims Court.
How much can I sue for in Sacramento Small Claims?
This is also known as the "small claims court limits." In Sacramento County Small Claims you can sue for the following maximum amounts:
What are the Sacramento County Small Claims Court Filing Fees?
The amount you will pay to file a small claims lawsuit in Sacramento 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.
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.
Sacramento Small Claims Court Hearings
When will the Small Claims Hearing be?
- Once a case is filed in Sacramento Small Claims Court, the hearing will be scheduled within 20- 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 Sacramento County. If the defendant resides outside of Sacramento County, you must serve 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 Sacramento 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 served the defendant. The next step is to start preparing for your Sacramento 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.
Where to Park Near the Sacramento Small Claims Court
- Parking Structures. There are many parking structures right by the courthouse. It is recommended you park somewhere where you can stay for more than 2-Hours.
- There is a parking lot in front of the Carol Miller Justice Center (301 Bicentennial Circle Sacramento, CA 95826). Parking costs $2.00 for two hours and $1.00 for every hour after the first 2 hours. The maximum is $8.00 per day.
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.
- The courtrooms are located on the 3rd floor.
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. If you are unable to speak to them, go down to the 2nd floor to the small claims court clerk.
- 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!
Small Claims Mediation
Sacramento County offers free mediation for small claims court cases. Free mediation for small claims is only available some days of the week.
- What is mediation? Mediation is a meeting between both the plaintiff (the person suing) and the defendant (the person being 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 mediation early, then you get to "skip the line" and your case is processed faster.
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 the evidence right back.
- Very rarely a judge will tell you who won or lost immediately after the hearing. Instead, the judge will tell you that their decision will be mailed to them (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 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.