Small claims glossary

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A

Abstract of judgment

A document recorded against real property the debtor owns, creating a lien. It does not pay you now, but it means a future sale or refinance has to deal with you.

Agent for service of process

The person or company a business designates to receive legal papers. For a California entity you find it on the Secretary of State's business search, and serving the wrong person can waste your filing.

Appeal

A request for a higher court to rehear the case. In California small claims only a defendant may generally appeal, within 30 days, and the appeal is an entirely new trial where attorneys are allowed.

B

Bank levy

Freezing and taking funds from a judgment debtor's bank account under a writ of execution. It is usually the fastest way to collect, which is why finding out where they bank matters.

Breach of contract

Failing to do what a contract required. The most common basis for a small claims case. Four years to sue on a written contract, two on an oral one.

Burden of proof

Whose job it is to prove a disputed fact. In a civil case the plaintiff must prove their claim by a preponderance of the evidence — more likely true than not.

C

Certified mail

A USPS service that produces a mailing receipt and a tracking record. With an electronic return receipt it also proves delivery, which is why it is the standard way to send a demand letter you may need to prove you sent.

Claim of exemption

A debtor's formal objection that income or property being levied is protected by law — for example most Social Security benefits, or wages they need for basic support.

Clerk of the court

The court office that accepts filings, takes fees and assigns hearing dates. The clerk can explain procedure but cannot give you legal advice.

Comparative fault

California's rule that when both parties are partly to blame, the award is reduced by the plaintiff's share rather than denied. Being 20% at fault on a $4,000 claim means a $3,200 award.

Continuance

A postponement of a hearing to a later date, granted by the court on request for a good reason.

Conversion

Taking or keeping someone else's personal property as your own. The three-year limitation period applies.

Counter-claim

A claim the defendant brings back against the plaintiff over the same events. In California small claims it is form SC-120, the Defendant's Claim.

D

DBA

"Doing business as" — a trade name. A sole proprietor using a DBA is sued personally, and county fictitious business name records tell you who the owner is.

Declaration

A written statement signed under penalty of perjury. Many small claims forms, including the proof of service, are declarations.

Default judgment

A judgment entered because a party did not appear. It is the usual consequence of missing your small claims hearing.

Defendant

The person or business being sued. In California small claims there is no written answer to file — a defendant responds by showing up at the hearing.

Demand letter

A written request for payment sent before filing suit. California small claims expects you to have asked the defendant to pay first, and the SC-100 asks you to confirm you did.

Dismissal with prejudice

A dismissal that ends the claim permanently — you cannot refile it.

Dismissal without prejudice

A dismissal that lets you bring the claim again, usually after fixing whatever went wrong, such as defective service.

E

Entity

A corporation, LLC, partnership or similar. It matters in small claims because an entity may only sue for under $6,250, half an individual's limit.

Evidence

What you show the judge to prove your case — contracts, receipts, photographs, messages, witnesses. Bring originals plus copies for the judge and the other side.

Exhibit

A document or object submitted as evidence, usually numbered so everyone can refer to it. Numbering your exhibits before the hearing makes you much easier to follow.

F

Fee waiver

Permission not to pay court fees, granted on form FW-001 when paying them would mean going without necessities. Based on income, household size, or receipt of public benefits.

Fraud

A knowing misrepresentation that someone relied on to their loss. Three years to sue, and it can survive an "as-is" clause because as-is does not license active concealment.

G

Garnishment

Taking part of a debtor's wages directly from their employer to pay a judgment. Statutory limits cap how much, and the debtor may claim a hardship exemption.

I

Implied warranty of habitability

The rule that every California residential rental must be fit to live in — working plumbing, heat, hot water, safe wiring, weatherproofing, no vermin. A landlord cannot contract out of it.

J

Judgment

The court's decision about who owes what. A money judgment is enforceable in California for 10 years and can be renewed before it expires.

Judgment creditor

The party a judgment says is owed money — the winner, who now has to collect it.

Judgment debtor

The party a judgment says owes money. They are required to disclose their assets on request, using SC-133.

Judicial Council forms

The official statewide court forms, identified by codes like SC-100 and EJ-130. They are free, public documents published by the California Judicial Council.

Jurisdictional limit

The most a court can award. In California small claims it is under $12,500 for an individual and under $6,250 for a corporation, LLC or partnership.

L

Levy

Seizing money or property to satisfy a judgment, carried out by a levying officer under a writ of execution.

Liquidated damages

A sum a contract fixes in advance as the remedy for breach. Enforceable only if it was a genuine estimate of likely loss, not a penalty.

M

Mitigation of damages

Your duty to take reasonable steps to limit your own losses. A defendant will argue you failed to mitigate if you let a small problem become expensive.

N

Negligence

Failing to take the care a reasonable person would, causing harm. Two years for personal injury, three for property damage.

Normal wear and tear

Deterioration from ordinary use over time, such as faded paint or worn carpet in walkways. A landlord may not charge a departing tenant for it, which is why move-in photographs matter.

O

Oral contract

An agreement made in conversation, with nothing signed. Fully enforceable in California, but the window to sue is two years instead of four, and you have to prove what was agreed.

P

Personal service

Handing the court papers directly to the defendant. The cleanest method and the hardest to challenge.

Plaintiff

The person or business that starts a lawsuit. If you are the one who is owed money and you file the SC-100, you are the plaintiff.

Post-judgment interest

Interest a judgment earns while unpaid. In California the rate is 10% simple interest a year from the date of entry.

Preponderance of the evidence

The civil standard of proof: the judge must find your version more likely true than the other side's. Much lower than the criminal "beyond a reasonable doubt".

Pro se

Representing yourself, without a lawyer. Also called self-represented or in propria persona. It is the norm in small claims — California does not allow attorney representation at the hearing.

Process server

A person registered to deliver legal papers for a fee. Using one is often worth it because service done wrongly can cost you the hearing date.

Proof of service

The signed declaration, on form SC-104, stating when, where and how the defendant was served. Filed with the court before the hearing.

R

Return receipt

Proof that a mailed item was delivered, and to whom. An electronic return receipt gives you a digital record rather than a green card.

S

Satisfaction of judgment

The document filed once a judgment has been paid, which clears the record. A debtor is entitled to have it filed, and a creditor who refuses can be ordered to.

Security deposit

Money held by a landlord against unpaid rent or damage. In California it must be returned, or accounted for in an itemized written statement, within 21 days of move-out.

Self-help center

A free court service that helps self-represented people with procedure and forms. Most California superior courts run one, and they cannot give legal advice but are genuinely useful.

Service of process

Formally delivering the court papers to the defendant so they know they are being sued. You cannot do it yourself, and a case cannot proceed without valid proof that it was done.

Small claims court

A division of the California Superior Court for disputes under $12,500 for individuals and under $6,250 for entities. Procedure is simplified, hearings are short, and attorneys may not represent parties at the hearing.

Statute of limitations

The deadline for filing a lawsuit, counted from when the claim arose. Miss it and the claim is barred no matter how strong it is. Four years for a written contract, two for an oral one, three for property damage, two for personal injury.

Statutory damages

An amount a statute sets, rather than one you have to prove. Bad-faith retention of a security deposit can carry up to twice the deposit as statutory damages.

Strict liability

Liability without needing to prove carelessness. California applies it to dog bites, so you do not have to show the owner was careless or that the dog had bitten before.

Subpoena

A court order requiring a person to appear or produce documents. Available in small claims, and sometimes the only way to get a reluctant witness or a record.

Substituted service

Leaving the papers with a responsible adult at the defendant's home or workplace when the defendant cannot be reached personally. It must be followed by mailing a copy, declared on SC-104C.

Superior Court

California's trial court. There is one in each of the 58 counties, and small claims is a division within it.

T

Treble damages

Three times the actual loss, awarded where a statute provides for it. California's bad check statute allows treble damages between $100 and $1,500, but only if you sent the required written demand and waited 30 days.

U

Under penalty of perjury

A signature attesting that what you wrote is true, with criminal consequences for lying. It is why accuracy on the proof of service matters.

Unjust enrichment

A claim that someone received a benefit they have no right to keep — the basis for recovering money sent by mistake.

V

Vacate a judgment

To have a judgment set aside, typically because you were never properly served or did not appear for a good reason. Forms SC-105 and SC-135.

Venue

The right court location for a case. Generally where the defendant lives or does business, or where the deal was made or performed. Filing in the wrong venue can get your case moved or dismissed.

W

Witness

Someone who testifies about what they saw or know. A witness who turns up in person carries far more weight than a written statement.

Writ of execution

The court order, form EJ-130, that authorizes a sheriff or registered process server to levy a bank account, garnish wages, or seize property to satisfy a judgment.