§1.04 Role of Small Claims Advisors

Most courts provide a free small claims advisory service. [CCP §116.260.] The service offers individual advice in person, by telephone, or by any other means that provides timely and appropriate assistance. [CCP §116.940(b).] Counties with relatively few small claims filings may elect not to have an advisor but must provide other minimum services. [CCP §116.940(c).]

The advisory service must avoid the existence or appearance of a conflict of interest between the advisors and any party to a particular action or any judicial officer deciding small claims actions. [CCP §116.940(d); CRC 3.2120(d).]

Advisors may be volunteers, but they must be either members of the State Bar, law students, paralegals, or persons experienced in resolving minor disputes. An advisor may not appear in court as an advocate for any party. [CCP §116.940(e).]