1. What is Small Claims Court and how much can you typically sue
for?
Small Claims Court is a source for remedy of smaller/quicker suits, where the “plaintiff”
suing the “defendant” must do so without being represented legally. Suits can range
from property damage to disputes with contractors about repairs on a home. When
suing someone, there are options to consider:
1) Mediation with the opposing side
2) Whether the opposing side has actual money to award you if your case wins
3) Get help from a local court’s Small Claims Advisor
4) Making sure to file with the right court
https://www.courts.ca.gov/1112.htm
Generally, you can sue an individual in small claims if the other side owes you less than
$12,500 (or $6,250 if you’re suing as a business).
There is a $20 fee for claims ranging from $0-1,500
There is a $25 fee for claims ranging from $1,500-5,000
There is a $45 fee for claims ranging from $5,000-12,500
Visit for the SOURCE and more basic information on Small Claims Court.
Forms that will be needed may be dependent on the court/county you are attempting to
file a small claims court claim with. For Butte County,
Buttecourt.ca.gov gives self-help access to varying packets of
forms, including “Small Claims”.
Another source for help on filling out forms is Courts.ca.gov
SHARP (Self-Help and Referral Program) in Butte County is also available to help with
filling out specific forms regarding your issues. (530) 532-7015
2. What is the difference between a “living trust” and a “will”?
Visit here for detailed information and comparison between a "Living trust" and a "will"
For information specifically regarding wills (how to make one, what their functions and
benefits are, etc.), you can visit Nolos Legal Encyclopedia
For information specifically regarding living trusts in California, you can visit Nolos Legal Encyclopedia
For general information regarding Wills, Estates, and Probate, you can visit the CA
Courts Self-Help page
3. What do I do if I think my identity has been stolen?
If you believe your identity may have been stolen, you can report it to the Federal Trade
Commission (FTC). You can submit a claim online through their website (link listed
below). The FTC also recommends contacting any companies you know the fraud has
been involved with and to put out a fraud alert. You can also file a report with your local
police department.
Visit for information on Federal Trade Commission's Identity Theft webpage
Visit IdentityTheft.Gov for a more detailed list of steps to take in this situation:
Information about your rights in the event of Identity theft
Links to more resources and referrals
California Attorney General’s information on identity theft
4. What are “Lemon Laws”?
“Lemon law” is a term that refers to protections a consumer may have in regards to the
purchasing of a car. When getting stuck with a defective or repeatedly broken vehicle,
there may be specific lemon laws enacted in your state that could solidify your chances
of receiving a refund or replacement of the purchased vehicle. Typically, lemon laws
protect new vehicles purchased through the manufacturer/dealer but can also vary
depending on the state’s requirements
You can visit NOLO For the SOURCE and more information on lemon law
You can visit Autopedia for California’s specific lemon law requirements
Autopedia is Another helpful source
5. What is “escrow” and what are the responsibilities of the
homeowner and homebuyer?
Escrow is a period of time that is known as the process of buying/selling a house,
usually between the signing of a contract and the actual “closing” of the house
purchase.
Visit Nolo For specific information on the process and your role as a home seller
Visit Nolo For information regarding the “closing” process and what to expect as a home buyer
Visit dbo.ca.gov for general definitions regarding escrow
Visit dbo.ca.gov for information regarding “Escrow Law”
6. Are there ways to clear, or “knock off” consumer debt from your
personal record?
One potential way to deal with consumer debt is through negotiation with the creditors.
If negotiation with creditors occurs, there is a possibility that they may choose to settle
debts for lower than the original amount owed or they may provide more time to attempt
paying off the consumer debt. You can visit Nolo for information regarding debt settlement/negotiating with creditors.
If you visit California courts self help guide you can learn about another way to deal with consumer debt is through the process of filing for bankruptcy.
You can visit Nolo for more Information regarding debt settlement, which is another option that could clear some consumer debt from your record.
You can also visit Nolo for general information on dealing with consumer debt, you can visit:
7. What is Power of Attorney, and generally what are the holder's
responsibilities?
A Power of Attorney is a legal document that gives someone else the power to
represent you for certain important legal decisions. The person signing the Power of
Attorney, is known as the “Principal”, while the person appointed to represent the
Principal, is known as the “Agent” or “Attorney-in-fact". The Power of Attorney can be
used to give someone else the authority to make decisions for you if you are unable to
make them yourself, or are not available at the time. Power of Attorney can also be
used as an alternative to guardianship in some cases.
The Agent can be responsible for many different financial decisions. Decisions
including, but not limited to; bank deposits and withdrawals, buying or selling property,
paying bills, trading stocks, hiring people to help the Principal, file the Principals tax
returns, and more. However, when signing a Power of Attorney, the Principal can limit
the kinds of financial decisions the Agent can make.
You can visit Superior Court of California Power of Attorney for more detailed information from SOURCE and FAQs
Other forms and links regarding Power of Attorney in California can be found at Sacromento County Public Law Library
For information regarding different types of Power of Attorney, revocation, and other
self-help tips, this guide is available on the Sacramento County Public Law Library
8. What is the difference between Chapter 7 bankruptcy and Chapter
13 bankruptcy?
Chapter 7 bankruptcy is typically referred to as “liquidation” bankruptcy, while Chapter
13 bankruptcy is referred to or thought of as “reorganization” (repayment plan)
bankruptcy.
You visit Nolo For more information and comparison between the two.
For general information about bankruptcy and the different types, you can visit the
California Courts Self-Help page
Visit The United States courts page for the U.S. Courts “Bankruptcy Basics” on federal bankruptcy laws/processes.
9. What is “student loan forgiveness”?
You can visit Nolo for general information and links on student loan debt.
Student loan “forgiveness” or cancellation is where the debtors may be eligible to no
longer make loan payments due to specific circumstances (typically relating to the
individual’s job). Instances that are eligible typically for forgiveness or cancellation are:
attending a school that closed, being a teacher or having an occupation in some type of
public works, you are disabled, or you die.
You can visit Nolo For information regarding qualifications of student loan forgiveness and other basics.
For forms, you can visit Studentaid.gov
Another way to handle student loans and discuss potential student loan forgiveness is
by contacting your student loan holder/servicer.
The Federal Student Aid Office also has extensive
information regarding student loan forgiveness.
Other ways to deal with student loan debt can be found discussed at Nolo
“Undue hardship” - a qualification that if met can potentially clear all student loans
through bankruptcy – is discussed as another potential option of dealing with student
loan debt at Nolo
10. What should I do if someone’s dog bit me and had medical
expenses to pay?
Dog owners are generally responsible for their dogs and harm or damage they may
cause. If the dog bite resulted in medical expenses, the owner is usually responsible for
the reimbursement of the medical bills, any time lost from work for the victim, as well as
pain and suffering. There are exceptions to this however, and every case is different.
you can visit Nolo for more information on who's responsible, and what to do in this situation.
11. What are the differences between a copyright and a trademark?
When it comes to protecting “intellectual property”- your thoughts, ideas, catchphrases,
etc. - both copyrights and trademarks can potentially aid in this protection. Copyrighting
helps more with original works of expression, such as a book or movie, and prevents
others from copying/stealing those works without the owner’s permission to do so.
Trademarking, on the other hand, protects what copyrights do not: names, phrases,
titles, logos/symbols, etc. The nature of trademarking is to “distinguish” one’s
self/business from others with an original idea/logo/name.
Both copyright and trademarking can be used concurrently, in an instance where the
artistic aspects of a company’s logo or a movie poster is protected by a copyright while
the actual name or title of the work is protected by a trademark.
You can visit Nolo for more information on copyrights and trademarks.
Or you can visit United States Patent and Trademark Office website
For more info specifically on copyrighting you can visit Copyright.gov
For information specifically on trademarks, such as the basics of trademarking or where
to apply for one, you can visit USPTO.gov
Generally Helpful Links
Link to NOLO
NOLO is a source full of legal encyclopedias, forms, books, software, and referrals. You
can search by your issue or your location. This website has an abundance of useful free
information, but it should be noted that some information or forms may require a
purchase.
California Courts Self Help Site
This courts website allows you to look up any legal question you may have. There is a
search bar, as well as different common categories to choose from. These pages will
provide all legal options and information about these different issues. It is important to
note however, that this is the California Courts website, so all codes and laws are
relevant to California and may differ in different states.
Find you county's court site
When filing a claim to the court, there are usually county specific documents that need
to be turned in as well as the standard state documents. This website allows you to look
up your own county and determine if there are additional documents that need to be
filled for a claim.
Self-Help and Referral Program (SHARP)
The SHARP program was developed to provide free legal assistance to those who may
not have an attorney. It is a self-help center that provides assistance regarding family
law related matters in Butte, North Butte, Lake Tehama, and Glenn County. They focus
on issues regarding divorce, guardianships, restraining orders, etc.
Butte County Superior Court Packets and Forms
If you already have an idea of what forms you are looking for, this website provides
several different packets of court forms and has them grouped together by different
common legal issues.
Other miscellaneous forms and information on the Butte County Superior Court
website
Butte County Superior Court Definition of Terms List
Legal terminology can be very confusing. This website provides a long list of common
legal words and phrases with simple definitions.
If you have any specific questions or need more information regarding one, feel free to
give us a call at (530) 898-4354 and ask for CCPA
