§ 116.330.Procedure once claim is filed

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 3. Actions · Last amended 2006 · Last verified July 28, 2026

In one sentenceSection 116.330 requires the clerk to schedule a small claims hearing between 20 and 70 days after filing and issue an order for the parties to appear, or, as an alternative, to mail the claim to the defendant first and only schedule the hearing once proof of that mailed service comes back.

Full Text of § 116.330

Text sizeJump to: (a) (b)

(a) When a claim is filed, the clerk shall schedule the case for hearing and shall issue an order directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense. The case shall be scheduled for hearing no earlier than 20 days but not more than 70 days from the date of the order.

(b) In lieu of the method of setting the case for hearing described in subdivision (a), at the time a claim is filed the clerk may do all of the following:

(1) Cause a copy of the claim to be mailed to the defendant by any form of mail providing for a return receipt.

(2) On receipt of proof that the claim was served as provided in paragraph (1), issue an order scheduling the case for hearing in accordance with subdivision (a) and directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense.

(3) Cause a copy of the order setting the case for hearing and directing the parties to appear, to be served upon the parties by any form of mail providing for a return receipt.

End

Plain-English Summary

Under Section 116.330(a), once a claim is filed, the clerk schedules the case for hearing and issues an order directing the parties to appear with witnesses and documents, and that hearing date must fall no earlier than 20 days and no later than 70 days from the date of the order.

Subdivision (b) offers the clerk a second approach: instead of setting the hearing right away, the clerk can first mail a copy of the claim to the defendant using a return-receipt mail method, wait for proof that service was completed, and only then issue the hearing order and mail a copy of it to the parties. This sequencing avoids scheduling a hearing before it is even clear the defendant can be reached.

Frequently Asked Questions

How soon will my small claims hearing be scheduled after I file?

Section 116.330(a) requires the clerk to schedule the hearing no earlier than 20 days and no later than 70 days after the date of the order setting the case for hearing.

Does the court always set a hearing date immediately when I file?

Not necessarily. Section 116.330(b) lets the clerk instead mail the claim to the defendant first by return-receipt mail, and only issue the hearing order once proof that service was completed comes back.

What does the hearing order require the parties to do?

Section 116.330(a) directs the parties to appear at the scheduled time with the witnesses and documents needed to prove their claim or defense.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 2005 ch 706 § 4 (AB 1742), effective January 1, 2006.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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