San Jose Small Claims Court: Where and How to File

Which court

All Santa Clara County small claims are filed and heard at the Downtown Superior Court in San Jose (Local Rule 19), so there's no choosing between branches. The case belongs here if the defendant lives in the county, or the contract or injury is tied to the county.

Where and how to file

Limit	$12,500
Court	Superior Court of California, County of Santa Clara (Downtown Superior Court)
Address	191 North First Street, San Jose, CA 95113
Phone	408-882-2352
Hours	Clerk's office and phones Monday to Thursday, 8:30 a.m. to 3:00 p.m., and Friday, 8:30 a.m. to noon. The court warns closing times can change.
Fees	$30 for claims up to $1,500, $50 for over $1,500 up to $5,000, $75 for over $5,000 up to $12,500, and $100 if you have filed more than 12 small claims in the past 12 months. Fee waivers are available.
Timing	The state court self-help site says a trial date is typically about 1 to 2 months after filing. This court's own pages don't give a figure.
Serving papers	An adult who isn't in the case can hand the papers to the defendant or leave them at home or work and mail a copy, or the clerk can send certified mail for a fee. Serve at least 15 calendar days before the court date (20 if the defendant lives outside the county), and add 10 days for substituted service. File the proof of service at least 5 calendar days before. Costs aren't stated.

Superior Court of California, County of Santa Clara (Downtown Superior Court) small claims page

Good to know here

Serve the court's Notice to Small Claims Litigants (form SC-8006) along with your claim.
Certified mail only works if the defendant signs, and the court warns many don't.
The free Small Claims Advisor answers (408) 882-2929 on Tuesdays, 2 to 4 p.m., and also takes a web form.
On your court date you may be sent outside to try to settle before the hearing, so bring your evidence ready to exchange.
Written witness statements are unlikely to be accepted, so bring witnesses in person.

Hours, fees and locations change. Call the court or check its site before you go.

San Jose Small Claims Court

Where and how to file

Good to know here

Sources

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