small claims court - cost? link:

Discussion in 'Credit Talk' started by Ender, Jun 27, 2001.

  1. Ender

    Ender Well-Known Member

    I plan on filing a few small claims court cases.. but am confused about the cost. Can anyone clarify for me? I am in Alameda County.. here is the link:

    Is it really only $35?? I plan on suing the 3 CRA's BTW..
  2. Ender

    Ender Well-Known Member

    ...actually, I think it's only $20. Can someone confirm this for me?? I never filed a lawsuit before.. thx.
  3. bbauer

    bbauer Banned

    Why do you want to sue them?

    Why do you want to sue them in small claims court when you can probably take it to U.S. Federal District Court where you can do them some real damage?

    Once I know the reasons you plan to sue them, I can probably fix up a pro se case that can be filed in U.S. Federal District Court.
  4. Saar

    Saar Banned

    Are you prepared to LITIGATE? You should, if you name all 3 in one lawsuit. One of the reasons the lizard was so successful was that he filed 3 separate SC suits.

    I have to disagree w/ Bill advising you to go to a Federal court as a "pro se" litigant.

  5. Ender

    Ender Well-Known Member

    Okay - none of you guys have ANSWERED my question.. I AM prepared to litigate and am going to small claims. I also plan on filing separate cases as well, especially if it's $20.

    Now, can someone verify that is the correct price for my county in my state??? Thx in advance
  6. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    For what itâ??s worth Saar has the right concept, stay out of Federal Court if at all possible; hereâ??s whyâ?¦ Federal Judges are appointed for life or until they decline the bench. Because of such distance they pretty much run proceedings strictly by the book, and arenâ??t likely to cut you any slack being Properia Persona. The general mentality is that if one is going to fight in Federal Court, they better be prepared to be held to the same standard as trained counsel.

    If you must sue, try to stay in the lower courts where youâ??ll receive allot more lenience.

    PS: The small claims filing fee is $20 throughout California, and our courts are consolidated. This means one could file in Orange and have the hearing in Alameda County.
  7. Ender

    Ender Well-Known Member

    That is definitely good news.. I thought i was giong to run about $125 per suit as did LK. But if it's only $20 to file a small claims law suit.. I am definitely going to have 3 of them and target all 3 CRA's. I figure another $20 for the process server as well that I would need to hire.. so a total of $20 + $20 x 3 different CRA's = $120.
  8. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Donâ??t get too excited just yet, because the small claims filing fees jumps if youâ??ve filed over 12 cases per year. Whatâ??s more, a good process server will run between $30 to $45 bucks per defendant. This naturally escalates your costs proportionately, all be they still less than you anticipated.

    Since youâ??re apparently committed to litigation irrespective, hereâ??s another way to save some dollars. Have the court clerk conduct service by certified mail which is far cheaper than a process server. Our clerks down here charge (me thinks) about $5 bucks, so your court will probably be the same due to the consolidation.

    Also because youâ??re in Alameda County youâ??ve a 60-day out of county lag (as you canâ??t get the defendants into court sooner, because none are based in your county), use this time to compile a clear and concise presentation. Practice makes perfect, yes, so rehearse standing before the court and making your case. All Judges (and Commissioners for that matter) will appreciate preparedness and coherent remarks, so study up and/or develop a concise appearance.

    Good luck.
  9. lbrown59

    lbrown59 Well-Known Member

    this is an easy one .
    just call your court house!
  10. pfinbar

    pfinbar Member

    Mr. Villasenor and I have a history of bad Cleopatra jokes.

    Whilst Mr. V is a sharp guy and has a great deal of court experience, he has overlooked the CA Civil Code rule that Experian may insist that venue be Orange County as it is incorporated there. Your home (Alameda Co.) is appropriate venue for out of state defendants.

    Please drop me an e mail:

    I'll give you the relevant info about state jurisdiction over this federal law (FCRA- 15 USC sec 1681 et seq) and the sections of state law which concern venue and jurisdiction.
  11. pfinbar

    pfinbar Member

    so you never won a judgement against anyone
  12. GEORGE

    GEORGE Well-Known Member

  13. nursie

    nursie Well-Known Member we can file in our own town? Do we have to file in the county courthouse, or can we file in our own city?
    I'm getting ready to file suit against a collection agency, but I'm not sure where to file it at.
  14. bbauer

    bbauer Banned


    So in other words, as I have said several times in the past, "He who blinks first loses." can easily win the day without having to actually go to court, right?
  15. lbrown59

    lbrown59 Well-Known Member

    If it never gets that far that's great.

    QUOTE]Originally posted by pfinbar
    so you never won a judgement against anyone [/QUOTE]
  16. lbrown59

    lbrown59 Well-Known Member

    Don't know what his point is -but if you can win with out a judgement that is even better!Right?
  17. aigle

    aigle Well-Known Member

    I was wondering, what is your case and what are your damages?
  18. lbrown59

    lbrown59 Well-Known Member

    Why not call the court house and they can tell you what it cost?

  19. nursie

    nursie Well-Known Member

    Lizard... I am taking Gulf State collection agency to court. The original owner of the debt was Citibank (charged off in '94). I don't know off hand what state their in, but I'm quite confident they're not in my area (So. Ca.). I'd like to file at my little local city courthouse. I'd rather not make the drive to the county courthouse, and definately don't want to go to theirs. What if I filed in my own city?
  20. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Hay â??Pâ? good to see you posting again..! Youâ??re correct, however, the likelihood that Experiàn would contest is relatively low (almost to an extreme), which is ONE reason why I didnâ??t mention a contest of venue. [;-)

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