Small Claims
A case may be filed in Small Claims if the amount being sought
is $5,000 or less; $7,500 or less for "natural persons" (CCP §116.221).
Only two
cases above $2,500 may be filed each year
(CCP §116.231).
An attorney is not
allowed to represent you in court. Resources for learning to present
your own case are noted below.
Small Claims Court Clerk Information
Telephone Number:
Ukiah: (707) 468-2002
Fort Bragg: (707) 964-3192
Willits: (707) 459-5554
Court Clerk's Office Hours:
8:30 a.m. to 4:00 p.m.
Monday - Friday
Effective September 2009, continuing until June 2010, all courts will
be closed the third Wednesday of every month.
Jurisdiction
Code of Civil Procedure
Section 116.220 states what actions can be filed in small claims
court.
One or more of the following statements
must be true in order to file your small claims action in Mendocino
County:
■ A defendant lives in this judicial
district, or if the defendant is a business that has its principal place
of business in this judicial district.
■
A person was injured or personal property was damaged in this judicial
district.
■
A defendant signed or entered into a contract in this judicial district,
a defendant lived in this judicial district when the contract was
entered into, a contract or obligation was to be performed in this
judicial district, or if the defendant is a corporation, the contract
was breached in this judicial district.
■ When a
signed
contract is involved see
CCP §395(B), CCP §1812.10, and CCP §2984.4
Forms and Filing
A forms packet, "Information for the Small Claims Plaintiff", complete with Claim Form, is available from the court clerk's office.
Other Small Claims forms are available from the court clerk, the
Law Library or the
Judicial Council website.
Forms that may be filled in on-line are available on the Judicial Council
website and EZLegalFile.org.
www.EZLegalFile.org is an
interactive website that can help you complete the court forms.
All paperwork must be typewritten or neatly written in black ink. There are typewriters available for public use at the Public Library at 105 N. Main St, Ukiah or the Law Library in the Ukiah courthouse, Room 307.
Small Claims Mediation
Mediation gives you the opportunity to reach your own agreement,
rather than having the Court decide the outcome for you.
The
Court in Ukiah will direct you to Mediation at the commencement of your
hearing. If a resolution is
not reached you will be directed back to the courtroom for commencement
of the trial.
Mediation is:
Results Oriented – A qualified impartial mediator will facilitate communication
with parties in conflict so they can reach their own workable solutions.
Time Saving
- Results reached in mediation are typically quicker than can be
achieved in litigation.
Cost Effective
– There is no fee to the parties for the first two hours. After the
first two hours, if the parties choose to continue the mediation, the
mediator may charge his or her hourly rate.
Confidential
- Communications during your mediation are protected by California
Evidence Code sections
1115 to 1128 as confidential and not admissible as evidence in
court. Any agreement reached in
mediation, however, will be admissible and treated as enforceable by the
Court.
Easy to schedule - Call Cathy Ward, J.D.,
Mendocino and Lake Superior Courts’ Civil Mediation Program
Coordinator.
Phone: (707)
495-1709
Email: mscathyward@aol.com
Mendocino Dispute Resolution Services
(MENDRS)
For information on how you can settle your dispute before you file
call
707-462-7265.
