But you cannot sue to get the court to decide whether or not you owe money before you pay it. For example, in a dispute over whether or not you owe someone money, you can sue in small claims to recover money you paid under protest (which means you have to pay the amount and then go to court to ask for it back).In addition to these differences, there are restrictions on what you can ask a small claims judge to do. If not, you cannot pursue your claim in small claims (with few exceptions).Ĭan serve a defendant outside of California. Have to be able to serve the defendant in California. If you win, the court can order the losing side to pay your court fees and costs BUT if you filed a limited civil case when you could have filed in small claims court, the judge can decide not to order the losing side to pay for fees and costs. If you win, the court can order the losing side to pay your court fees and costs. No limit on the number of lawsuits or amount you sue for. Plaintiff can NOT appeal the court's decision.Įither side CAN appeal the court's decision.Ĭannot sue more than twice in one calendar year for over $2,500. It can get very complicated and time-consuming.Ĭase is decided quicker - generally within 3 months.Ĭases can take up to a year or longer to decide. Have to follow all rules and procedures required in "regular" civil cases. Rules and procedures are informal and simpler. Click for help finding a lawyer.ĬAN have a lawyer represent you (but you must pay for your lawyer. There are advantages and disadvantages to each option, and you should talk to a lawyer to find out what is best for you given your situation. If you are a business, you can file in small claims court for $5,000 or less. If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. ![]() If You Are Suing: Small Claims or a Limited Civil?
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