Link
to Small Claims Forms
Small Claims Court
Advisor
Ventura
County has two Small Claims Courts. One is located at the
Government Center, Hall of Justice, 800 S.Victoria Avenue
in Ventura . The telephone number is (805) 662-6691. The other
is located at 3855-F Alamo Street in Simi Valley . The telephone
number is (805) 582-8078.
If you have questions
regarding the prosecution or the defense of a small claims
suit, you may contact the Small Claims Advisor located in
the District Attorney's Office, Hall of Justice, Room 314,
800 S. Victoria Avenue, Ventura. You may also contact the
advisor by telephone at (805) 654-5054. The hours for this
service are 8:00 a.m. to 11:45 a.m., and 1:00 p.m. to 4:45
p.m., Monday through Friday. This service is provided at no
charge.
How
to File in Small Claims Court
The maximum amount
a natural person may seek in small claims court is $7,500.
A plaintiff who is not a natural person (i.e., a business)
is limited to $5,000. You are limited, however, to filing
two cases per calendar year over $2,500. No attorneys are
permitted, unless they are bringing suit on their own claim.
If your claim is against a business, you will need the full
name(s) of the owner(s). You may obtain this information by
contacting city business licenses or fictitious business names
at the County Clerk and Recorder's Office. If these records
indicate the business is incorporated, you need to contact
the secretary of state via their Web site, http://www.ss.ca.gov
to verify corporate status and obtain the name and address
of a corporate officer or agent for service.
The filing fee in
small claims court is $30, if the claim is equal to or less
than $1,500. If the claim is equal to or less than $5,000,
the fee is $50, and the filing fee is $75 if the claim is
over $5,000. In cases where the plaintiff has filed more than
12 other small claims cases in the state in the previous 12
months, the fee is $100. The clerk will assign a trial
date approximately 45 days from the date of filing.
You will then need
to arrange for notice to be served on the defendant. This
can be done by certified mail through the small claims court
clerk's office for $10, by the sheriff's office for $30, or
it may be served by any individual 18 years of age or older
who is not involved in the case. A declaration regarding proof
of service must be filed with the clerk's office prior to
the trial.
Once you have filed
your case, the clerk can issue subpoenas to you to order witnesses
or the production of documents for court. On the date set
for your hearing, be sure to arrive on time and bring with
you everything necessary to prove your claim, including any
witnesses, documents, or photographs. After the hearing, you
will usually be notified by mail of the judge's decision in
your case. This can take a few days or a few weeks.
If you are the plaintiff,
you may not appeal the judge's decision, unless the defendant
filed a claim against you, and you lost on that claim. You
must file the appeal within 30 days of the mailing date of
the notice of entry of judgment. The appeal is filed with
the small claims clerk; however, the appeal (trial de novo)
is heard in superior court. At the trial de novo, an attorney
may represent either party. There is no appeal for either
party from the judgment entered on the appeal. The case is
then returned to the jurisdiction of the small claims court.
What is venue?
When you are filling
out your form to file an action in small claims court, you
will be asked to give the reason why you are filing in Ventura
County . Venue means the location where the trial will be
heard. You can file in this county if any of the following
are true:
The
defendant is located in this county
Property damage occurred in this county (for
example, an automobile accident)
The contract upon which this suit is based
was entered into in this county
On a retail installment account, you may file:
where the contract was signed by the buyer
where the buyer resided at the time the contract
was signed
where buyer resides at the time claim is
filed
where goods (purchased on this contract)
are affixed to real property
On
a motor vehicle sales contract, you may file:
where the contract or purchase order was signed
where buyer resided at the time of the signing
where buyer resides at the time claim is
filed
where the motor vehicle is permanently garaged
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