Civil Vs. Small Claims

Small Claims is a subdivision of the Civil Court system.

The Civil Claims system handles court cases that do not involve criminal law violations. It is broken down into different branches that include Small Claims which is meant to settle cases cheaply and swiftly.

Civil Claims Purpose

In addition to Small Claims cases, the Civil system also handles probate cases, landlord/tenant cases, juvenile cases, family cases and general civil cases such as breach of contract.

Small Claims Purpose

Examples of Small Claims cases include property damage, rent deposits disputes, car accidents and unpaid loans.

Legal Representation

Legal representation is not allowed during Small Claims hearings. A lawyer can only be consulted before or after the court hearing. Civil claims, on the other hand, almost always involve a lawyer present during the case.

Appeals

In Small Claims Court, only the plaintiff can appeal the court's decision. Either party can appeal in Civil Court.

Filing Fees

Small Claims filing fees are generally lower than Civil Claims. The actual amount depends on the state where the claim is being filed.

Pretrial Discovery

Pretrial discovery is allowed in Civil Claims, but not in Small Claims cases. Pretrial discovery involves the collection of case-related information before the case actually begins.

References

• Superior Court of California: Civil Court Description
• California Courts: Small Claims Basics
• Superior Court of California: Small Claims Introduction