Small Claims Alternatives

Small Claims

Alternatives
Plaintiff

  Things to Consider Before You File a Claim
  How & Where to File a Claim
  How Do I Serve my Claim?
  Checklist

Defendant

I've Been Sued, What Do I Do Now?
Checklist

Plaintiff & Defendant

  Getting Ready for your Day in Court
  After the Judge's Decision
  Collection

  Frequently Asked Questions
  Small Claims Fees
  Resources & Referrals
  Rules/Forms

  Form Tips
  Self-Help Center
  Self-Service Home
  Main Court Site
  Case Info Site

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Click on a topic to learn about how to solve your problem without going to court:

Try to settle
Go to mediation
Negotiate
If you can't settle

Try to settle

Try to solve your problem in a friendly way before you file your small claims court case. Ask the defendant to give you what you want. If you solve your problem without going to court you’ll save time, money and aggravation. This helps a lot if you and the defendant (called the “parties“) have a work or personal relationship.

Can you give the person a good reason to do what you want? If they owe you money, tell them they can pay less if they pay you right away. If you owe money, offer to pay a little more than you think you owe, just to end the fight.

If the problem goes to court and there’s a judgment against you, you’ll have to pay what you owe plus court costs and interest. And, the judgment will go on your credit record.

If you know that you owe money but you can’t pay it all in one payment, say you’ll pay a little every month or every week. A judge may also let you make monthly or weekly payments.

If you can’t reach an agreement on your own, you can try a type of “alternative dispute resolution” called mediation.
Mediation

Use the Small Claims Mediation Program to solve your problems without going to court. Call the Small Claims Mediation Program of the Santa Clara County Office of Human Relations, Monday – Friday, 9 a.m.- 5 p.m. at:
408-792-2321.
- About mediation:
  
  Mediation is voluntary. It gives you a chance to sit down with the other parties and a mediator to talk about the problem. Mediators are trained to not take sides. Mediators DO NOT decide your case. They just make it easier for everyone to agree.
  For more information, call:
  408-792-2321
- Why is mediation good?
  - It’s easier to collect your money when you settle in mediation because both sides agree ahead of time.
  - The agreement is confidential. It won't be part of the public record unless you agree.
  - Mediation is FREE.
  - Mediation can help solve a lot of different types of problems.
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Negotiate

You may have to use legal procedures and spend money to enforce a judgment. Your judgment from the small claims court is legal. But sometimes, it can be hard or impossible to enforce. Collecting your money is one of the hardest parts of a case. The other person may not have the money, or may just refuse to pay. There are ways to enforce your judgment, but you’ll have to pay more and make an extra effort.
If you can't settle
- Negative credit report:
  
  If there is a judgment against you, it stays on your credit report for up to 10 years, or more.
- Added expenses:
  
  If you are the defendant, you may have to pay what the plaintiff asks for AND what it costs to file and collect the claim, plus interest.
- Ruined relationships
  
  It can be hard to keep a friendly relationship if you go to court against your neighbors, family members, or business partners.