Policy Text
Work Release Page 1 of 5 6/06.0 (Rev 4/02)
SMALL CLAIMS ACTIONS
The purpose of this order is to p rovide guidelines and a proces s for bringing
Small Claims Court actions agai nst persons with delinquent Work Release
Division accounts. I. General
A civil charge referred to the S heriff’s Revenue Collection Uni t for collection must
be sued in Small Claims Court w hen the debtor refuses to cooper ate in the
discharge of the debt and the am ount of the charge is between $ 300 and $5,000.
A small claims suit is filed onl y after written or verbal warni ng is given to the
debtor. Prior to filing suit, asse t search and income verificat ion are executed in
order to make the cour t action beneficial.
II. Filing Guidelines
A. Advising Debtor
1. Before small claims acti on is taken, a debtor must be
advised of the delinquency of their account and the
consequences of non-payment. This can be accomplished via telephone or a final dem and for payment. Demand is
made for the full balance.
2. Ample time must be given for the debtor to send the
demanded amount or make the payment in person;
therefore, the debt or is given ten days to comply.
B. Failure to Pay
1. If the debtor fails to pay as directed, the collection servi ces
agent or records officer must dec ide the course of action to
pursue. A search of assets and income is necessary in order to determine if the balance is collectable.
C. Not Cost Effective
Work Release Page 2 of 5 6/06.0 (Rev 4/02) 1. If a debtor has no assets or employment history or if the
charge is a small sum, legal a ction would not be cost
effective. Small Claims should not be initiated for a charge
under $300 without management rev iew on a case-by-case
basis.
D. Interest
1. A sign Promissory Note (Appendix A) will al low for charging
interest from the date of defaul t. This additional charge will
increase the suit amount making action more cost effective.
E. Responsible Parties
1. When filing a suit, it is im perative that participant and co -
defendant(s) are named. Always be sure that all responsible
parties have received the appropriate letter.
II. Filing Process
A. Initial Filing
1. All filing information is typed on a disk which is supplied by
Small Claims Court. Small claims processes may be executed on-line if that service is available.
2. The completed disk is submitt ed to the court clerk who will
schedule the court date.
3. When setting the court calendar , the collection services
agent or records officer shoul d schedule all suits on the
same day.
4. A $30 filing fee is charged by the court and is paid by jour nal
voucher.
B. Defendant Process Service
1. Defendant(s) can be served dire ctly or sub-served (service i s
accepted by an adult relative or co-habitant) by an employee
of any process serving agency under contract with Sacramento County.
C. Proof of Service
Work Release Page 3 of 5 6/06.0 (Rev 4/02) 1. When service upon the defendan t is complete, the process
server submits a sworn “Proo f of Service” form to the court
and to the petitioner (Revenue Collection Unit). Proof of
service must be received by the court no less than two
weeks prior to the court date.
D. Debtor Avoiding Service
1. A debtor who is seeking to avo id service may require several
attempts. If the defendant cannot be located, a Non Estes
form is filed with the court and the petitioner by Attorney
Diversified Services. Conti nued evasion of service may
require a photo for identificat ion confirmation. A photo can
be acquired through California DMV or SSD Web Mug system.
E. Incorrect Debtor Address
1. If service is not executed due to an incorrect address, it w ill
be necessary for the collecti on services agent or records
officer to locate a good address for service, reset the court
date, and have new document s prepared and served.
F. Personnel Court Appearance
1. When appearing in court, the employee shall be prepared to
present and argue all cases on t he roster. Records officers
appearing in court must wear a Class A uniform.
G. Defendant’s Court Appearance
1. The defendant has the opt ion to appear in court to:
a. Contest judgment; b. Request stipulated judgment. Specific payments
would be set by the judge; or
c. Offer explanation fo r the delinquency.
2. The defendant may choose not to appear, thus allowing
judgment to be taken by the petitioner.
H. Court Judgment
Work Release Page 4 of 5 6/06.0 (Rev 4/02) 1. After the judge has heard the case and announces the
decision of the court, the def endant has 30 days to contest
the ruling before it becomes final. During that time, a
defendant may petition the court requesting appeal.
2. With the expiration of the 30-day stay, the court sends an
endorsed copy of the final judgm ent to the defendant and the
Revenue Collection Unit. At this time, the collection services
agent or records officer may pr oceed with filing an “