If you received a copy of the Plaintiff's Claim and ORDER to Go to Small Claims Court more than 10 days before the trial date, you have to serve the plaintiff at least 5 days before the hearing.
If you received a copy of the Plaintiff's Claim 10 days or less before the trial date, you have to serve the plaintiff at least 1 day before the hearing.
The server can be anyone who is over 18 and not involved in your case. This means a server can be a:
- Sheriff
- Process server
- Friend
- Relative
The person who serves your claim must complete a Proof of Service (Form #SC-104). The form is then filed with the small claims court clerk before the hearing.
You should file the proof of service as soon as you can after the plaintiff is served. If you file your proof of service too close to your hearing date, the court may postpone your hearing. To find out how many days before the hearing you must file your proof of service, contact the court or the small claims legal advisor.
For additional information about service, see What is “Proof of Service”? (Form #SC-104B) and How to Serve a Business or Public Entity (Form #SC-104C).
The parties present their cases themselves. An attorney may not represent you in court, although you may consult one before or after you go to court. The judge will listen to both sides of the story. To help tell your side, bring evidence like:
- Witnesses
- Photos
- Bills
- Receipts
- Contracts
- Other relevant documents that support your side
The judge may make a decision at your hearing, or mail it to you later. Instead of a judge, you may have a commissioner or temporary judge at your hearing. They are both just like judges. A temporary judge (called a "judge pro tem" or "judge pro tempore") is a lawyer who hears and decides cases. If you don't want a temporary judge, you can ask the court to have a judge hear your case. You may have to come back another day.
If you were at the hearing, you must file a form called Notice of Appeal (Form #SC-140). You have 30 days to do this after the date the clerk mails the Notice of Entry of Judgment. The current fee to file a Notice of Appeal is $75.00.
You'll have a new hearing. You'll have to bring your evidence and tell your side of the story again. This time, you can bring a lawyer to represent you.
If you are sued and you did not attend your hearing, the court may enter a default judgment against you. If you want a new hearing, you must ask the judge to cancel, or vacate the default judgment.
You must have a good reason for not going to your hearing. You must file a Notice of Motion to Vacate Judgment and Declaration no later than 30 days from the date the court clerk mailed you the Notice of Entry of Judgment.
If you were not properly served with the Plaintiff’s Claim, you have 180 days from the date you discovered the judgment to file a motion to vacate.
To vacate your judgment:
- Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135) available on this website or I-CAN!™ Legal to prepare your form.
- File it with the small claims court clerk.
- Pay the filing fee.
- The clerk will give you a date for your hearing, where the judge will decide whether to cancel the judgment or not.
