Court Information
Filing Fees
Max claim: $12,500 · Required forms: SC-100, SC-104
| Claim amount | Filing fee |
|---|---|
| $1 – $1,500 | $30 |
| $1,501 – $5,000 | $50 |
| $5,001 – $12,500 | $75 |
Fee waiver available if you qualify (form FW-001).
How to File
File your small claims case at the Superior Court of California, County of Modoc, Small Claims Division, located at 205 S. East Street, Alturas, CA 96101 (Robert A. Barclay Justice Center). Bring a completed Form SC-100 (Plaintiff's Claim) along with the filing fee, or file Form FW-001 to request a fee waiver if you cannot afford it. Court staff can provide forms but cannot give legal advice; contact the court's Self-Help Facilitator at (530) 233-4444 with filing questions.
Serving the Defendant
After filing, you must have the other party formally served with your claim. Personal service must be completed at least 15 days before the hearing if the defendant lives in Modoc County, or at least 20 days before the hearing if they live outside the county. Substituted service (leaving papers with another adult and mailing a copy) requires at least 25 days (in-county) or 30 days (out-of-county) before the hearing. You may not serve the papers yourself; use the sheriff/marshal, a private process server, or certified mail arranged through the court.
Allowed methods: Personal service, Substituted service, Certified mail
Deadline: Serve at least 15 days before the hearing date.
Hearing Tips
- The clerk generally schedules the hearing about 45 days after filing to allow enough time for service.
- Bring witnesses, photos, bills, receipts, contracts, or any other proof supporting your claim.
- A lawyer may advise you beforehand but cannot represent you at the small claims hearing itself.
- If you miss your hearing, the court may decide the case without you and you could lose by default.
- Spanish-language interpreter assistance is available through the court; contact the clerk in advance to arrange one.
✓ Interpreters available ✓ Phone appearance allowed
Know Your Rights Under California Law
California Civil Code § 1950.5 requires landlords to return your deposit or provide an itemized statement within 21 days of move-out. If they fail to do so, you may be entitled to your deposit back plus up to 2× the deposit amount in statutory damages.
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