- Home
- Bankruptcy and Bankruptcy Code
- Business Entities
- Departmental Operations
- Credit Practices
- Collection Practices
- Legal Remedies
- Accounts Receivable; A/R; Accounts Receivable Administration
- Basic Collection Procedures
- Collection Agencies
- Collection Time Line; Scheduling Collection Follow Ups
- Debt Collection Tips; Collecting from Delinquent Customers
- Consumer vs. Commercial Collections
- Deduction Management; Deduction Write Off; The Deduction Management Process
- Documentary Collection Process, Documents against Payment; Documents Against Acceptance
- Documentary Collections Frequently Asked Questions
- Dunning Notices; Past Due Notices; Friendly Reminders
- Humor in Debt Collections
- Improving Collection Performance
- Monthly Statements; Monthly Customer Statements
- Negotiating With Delinquent Debtors
- Personal Visits; Advantages and Risks; Costs and Benefits
- Debtor Referral to a Collection Agency
- Telephone Collections, Telephone Tips; Collection Tips; Collection Tools
- Transferring Collection Assignments
- Partial Payments
- Skipped Invoices
- Alternative Dispute Resolution Options
- Partial Debt Forgiveness as a Debt Collection Tool
- Payment Plans; Extended Payment Plans
- Myths and Misconceptions about Business to Business Collections
- Understanding the Role of the Accounts Payable Department
- Using a Customer's Uncertainty as a Collection Tool
- When to Place an Account for Collection
- Selecting a Third Party Collection Agency
- Credit Holds
- Account Assignments
- Issuing a Final Demand
- Quality vs. Quantity of Collection Calls
- Confronting Delinquent Debtors
- International Debt Collection
- The Power Balance in Debt Collections
- Ten Truths about Business Collections
- Complete Text of the FDCPA
- Financial Analysis
- Financing Methods
- International Credit
- Laws and Regulations
- Payment Methods
- Performance Measures
- Security Instruments
- Career Management, and Job Change
- Credit Website Tools
- Upcoming Educational Events
- Credit and Collections Tools and Tips
- Tips on Creating Better Emails
- Generating Effective Credit Correspondence
- Exporting
- Accounting
Small Claims Court (California-Specific)
Each state has different Small Claims court rules. The Small Claims Court system is one process by which creditors can use a court to collect from a debtor without hiring an attorney. In California, a Small Claims Court is a special court in which disputes are resolved quickly and inexpensively. The rules of evidence in a Small Claims court are simple and informal.
The person who sues is called the plaintiff. The person who is being sued is called the defendant. Under the California, a plaintiff cannot for more than $5,000 in any single claim, but can file as many claims as desired for up to $2,500 each. However, a creditor may only file two claims a year under Small Claims court rules asking for more than $2,500.
A suit against a guarantor may be for an amount up to $4,000. A "guarantor" is a person who promises to be responsible for what another person, company or corporation owes. The filing fee is moninal for the first 12 claims filed in a year. After that, the filing fee for claims submitted increases. These fees are the same for every county in the state. A lawyer cannot represent a plaintiff in court, but a lawyer can be consulted by either the plaintiff or the defendant before the Small Claims court trial. suing because a spoken agreement was broken, the creditor has two (2) years to file after the agreement was broken. If the creditor is suing in Small Claims Court because a written agreement was broken, years to file after the agreement was broken.
An excellent website for more information about California Small Claims can be found at this URL: http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm.
Edited by Michael C. Dennis. Mr. Dennis is a consultant, author and lecturer and can be reached with questions or comments at mcdennis13@yahoo.com