California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.5.  SMALL CLAIMS COURT
Article 2. Small Claims Court Sections
Sections 116.210-116.270

 

Chapter 5.5.  SMALL CLAIMS COURT
Article 2. Small Claims Court Sections 116.210-116.270

CODE OF CIVIL PROCEDURE
SECTION 116.230.

116.230.  (a) In a small claims case, the clerk of the court shall
charge and collect only those fees authorized under this chapter.
   (b) If the party filing a claim has filed 12 or fewer small claims
in the state within the previous 12 months, the filing fee is the
following:
   (1) Thirty dollars ($30) if the amount of the demand is one
thousand five hundred dollars ($1,500) or less.
   (2) Fifty dollars ($50) if the amount of the demand is more than
one thousand five hundred dollars ($1,500) but less than or equal to
five thousand dollars ($5,000).
   (3) Seventy-five dollars ($75) if the amount of the demand is more
than five thousand dollars ($5,000).
   (c) If the party has filed more than 12 other small claims in the
state within the previous 12 months, the filing fee is one hundred
dollars ($100).
   (d) (1) If, after having filed a claim and paid the required fee
under paragraph (1) of subdivision (b), a party files an amended
claim or amendment to a claim that raises the amount of the demand so
that the filing fee under paragraph (2) of subdivision (b) would be
charged, the filing fee for the amended claim or amendment is twenty
dollars ($20).
   (2) If, after having filed a claim and paid the required fee under
paragraph (2) of subdivision (b), a party files an amended claim or
amendment to a claim that raises the amount of the demand so that the
filing fee under paragraph (3) of subdivision (b) would be charged,
the filing fee for the amended claim or amendment is twenty-five
dollars ($25).
   (3) If, after having filed a claim and paid the required fee under
paragraph (1) of subdivision (b), a party files an amended claim or
amendment to a claim that raises the amount of the demand so that the
filing fee under paragraph (3) of subdivision (b) would be charged,
the filing fee for the amended claim or amendment is forty-five
dollars ($45).
   (4) The additional fees paid under this subdivision are due upon
filing. The court shall not reimburse a party if the party's claim is
amended to demand a lower amount that falls within the range for a
filing fee lower than that originally paid.
   (e) Each party filing a claim shall file a declaration with the
claim stating whether that party has filed more than 12 other small
claims in the state within the last 12 months.
   (f) The clerk of the court shall deposit fees collected under this
section into a bank account established for this purpose by the
Administrative Office of the Courts and maintained under rules
adopted by or trial court financial policies and procedures
authorized by the Judicial Council under subdivision (a) of Section
77206 of the Government Code. The deposits shall be made as required
under Section 68085.1 of the Government Code and trial court
financial policies and procedures authorized by the Judicial Council.

   (g) (1) The Administrative Office of the Courts shall distribute
six dollars ($6) of each thirty-dollar ($30) fee, eight dollars ($8)
of each fifty-dollar ($50) fee, ten dollars ($10) of each
seventy-five-dollar ($75) fee, and fourteen dollars ($14) of each one
hundred-dollar ($100) fee collected under subdivision (b) or (c) to
a special account in the county in which the court is located to be
used for the small claims advisory services described in Section
116.940, or, if the small claims advisory services are administered
by the court, to the court. The Administrative Office of the Courts
shall also distribute two dollars ($2) of each seventy-five-dollar
($75) fee collected under subdivision (b) to the law library fund in
the county in which the court is located.
   (2) From the fees collected under subdivision (d), the
Administrative Office of the Courts shall distribute two dollars ($2)
to the law library fund in the county in which the court is located,
and three dollars ($3) to the small claims advisory services
described in Section 116.940, or, if the small claims advisory
services are administered by the court, to the court.
   (3) Records of these moneys shall be available from the
Administrative Office of the Courts for inspection by the public on
request.
   (4) Nothing in this section precludes the court or county from
contracting with a third party to provide small claims advisory
services as described in Section 116.940.
   (h) The remainder of the fees collected under subdivisions (b),
(c), and (d) shall be transmitted monthly to the Controller for
deposit in the Trial Court Trust Fund.
   (i) All money distributed under this section to be used for small
claims advisory services shall be used only for providing those
services as described in Section 116.940. Nothing in this section
shall preclude the county or the court from procuring other funding
to comply with the requirements of Section 116.940.
 

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