Skip NavigationSmall Claims Court: Procedures and Practices
 
Lesson 1.
Purpose and Roles

 

§1.03 Role of Clerk

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The clerk’s office is the first place where a plaintiff encounters the judicial system. The clerk must provide the required forms and information materials, and should advise the plaintiff how to contact the small claims court advisor. [CCP §116.260; CRC 3.2120(a).]

Although clerks may not offer legal advice, they may answer questions about filing and service of the claim, designation of the parties, scheduling of hearings, and similar matters. [CRC 3.2110.] Friendly, helpful clerks make the small claims process easier for inexperienced plaintiffs.

The clerk can also flag problems, such as improper venue or service, and try to inform you of such problems in advance of the hearing. [CCP §116.270.]

 
 
 
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