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Thinking of filing a small claims lawsuit in San Jose?
In this article, learn about:
How to file a small claims lawsuit in San Jose.
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.
Small Claims Court in San Jose
Small claims hearings in San Jose take place at Santa Clara Superior Court located in downtown San Jose.
Here is the address:
191 N. First St.
San Jose, CA 95113-1090
How do I contact the Small Claims Court Clerk?
Need to contact the small claims court clerk in San Jose?
Here is how:
Small Claims Clerk: (408) 882-2100
Phone Hours: Monday- Friday 8:00 am - 3:00 pm
Can I file my Small Claims Lawsuit in San Jose?
You can always sue an individual in San Jose if they live in San Jose or in the broader Santa Clara County. You can always sue a business in San Jose if the business is located in San Jose or in the broader Santa Clara County.
You may be able to sue in the small claims court assigned to San Jose in other situations. For example:
If you are suing about a car accident that occurred in San Jose.
If you are suing about property damage to your house and your house is located in San Jose.
If you have an issue with your Landlord returning the security deposit and the rented unit was in San Jose or Santa Clara County then you would be able to sue your landlord in the small claims court located in San Jose (you would also be able to sue your landlord in the small claims court in the county where they live).
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 filed by San Jose residents 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.
How long do I have to file a small claims lawsuit in San Jose?
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 lawsuit.
How much can I sue for in San Jose Small Claims?
This is also known as the "small claims court limits." In San Jose Small Claims you can sue for the following maximum amounts:
How much are the small claims court filing fees in San Jose?
The amount you will pay to file a small claims lawsuit in San Jose depends on how much you are suing for. You will pay between $30 to $75 to file the lawsuit. If you 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.
San Jose Small Claims Court Hearings
When will the Small Claims Hearing be?
Once the lawsuit is filed, the hearing will be scheduled within 30- 70 days.
You must notify the person you sued at least 15 days before the hearing
if they live in San Jose. If they live outside of San Jose, you must notify the person you sued 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 Santa Clara 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 notified the person you sued. The next step is to start preparing for your Small Claims Court hearing.
Research the law. If you are unsure about you the laws involving your lawsuit (aka why you should win your lawsuit), consult an attorney, or conduct your own research about the law (a quick Google search goes a long way).
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 should win.
Prepare what to say. During the hearing, the judge will ask you why you 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 these 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.
Read More: The Small Claims Hearing- Santa Clara County
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 lawsuits that have hearings on that day.
You want to locate your lawsuit on the schedule. If you don't see your lawsuit listed, but you have received notice that your lawsuit will have a hearing 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 lawsuits. You will get to watch the hearings 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 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.
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.