Small Claims Court

SMALL-CLAIMS COURT

Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simplified and the hearing is informal. Attorneys are not allowed unless they are a party to the dispute.

Amount. Owners can sue their associations in small-claims court for claims up to $7,500 but associations can sue for only $5,000. (Code Civ. Proc. §116.221)

Service of Process. See Code Civ. Proc. §116.340 for service of process requirements.

Representation by an Agent. Previously, officers or directors were required to appear on behalf of the association. Now, an agent of the association, a management company representative, or bookkeeper may appear on behalf of that association. At the hearing, the court may require persons appearing for the association to file a declaration stating (1) that the person is authorized to appear for the association, (2) the basis for that authorization and (3) that the individual is not employed solely to represent the party in small claims court. Code Civ. Proc. §116.540

Updated by ADAMS KESSLER 4/24/2008