Policy Text
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Work Release-Collections
Small Claims Actions
The purpose of this Order is to p rovide guidelines and a proces s for bringing Small
Claims Court actions against per sons with delinquent Work Relea se Division accounts.
I. Policy Statement
Any legal action filed by the S heriff’s Work Release Division o n civil debts must be sued
in Small Claims Court. Legal act ion would be a last remedy to collect, and only after it
is determine the debtor has atta chable assets and had the abili ty to pay. Small Claims
court handle cases between $1.00 and $5,000.00. A Small Claims suit is filed only after
written or verbal warning is g iven to the debtor. A written no tice is always preferred
over a verbal. Prior to filing suit, an asset search and incom e verification are performed
in order to make the court act ion beneficial. Court costs are expended before any
recovery can be performed. Sma ll Claims Court could take up to 6-9 months to obtain a
judgment, and then it has to be pursued to collect it.
Contents of Order:
II. Small Claims Filing Guidelines
A. Advising debtor
1. Before any Small Claims acti on is taken, a debtor must be ad vised
of the delinquency of their accoun t and the consequences for no n-
payment. This can be accompli shed via telephone or a final
demand 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 per son; therefore, the debtor is
given ten (10) days to comply.
III. Debtor Fails to Pay
A. If the debtor fails to pay as directed, the Collection Servi ces Agent must
decide if legal action is in t he best interest of the division. A search of
Topic See Page
Small Claims Filin g Guidelines 1
Small Claims Filin g Process 2-3
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Work Release-Collections assets and/or income is necessa ry in order to determine the col lectability
of the balance.
IV. Not Cost Effective for Filing Action
A. If a debtor has no assets or employment history or if the ch arge is a small
sum, legal action would not be co st effective. Small Claims sh ould not be
initiated for a charge under $300.00 without management review on a
case-by-case basis.
V. Charging Interest
A. A signed “promissory note” may allow for the charging of int erest from the
date of default. This additional charge will increase the suit amount,
making action more cost effective.
VI. Using the Correct Name
A. When filing suit, it is imperat ive that participant’s name i s correct. If they
have more than one, use it. They may own property under a legal name
and sign all paperwork with a vari ation of that name. The majo rity of
abstracts would need to be cleared before buying real property, so the
correct name must be used.
VII. Small Claims Filing Process
A. Initial filing
1. All filing information is typed into an application on the c omputer,
which is supplied by Small Claims Court.
2. The completed information is supplied to the Small Claims Co urt,
who will schedule t he court dates.
3. When setting the court calendar, the Collection Services Age nt
Officer should request all suit s be scheduled on the same day.
4. A filing fee is charged by the court and is paid by journal voucher.
The fees range in amounts from $30.00 to $100.00 per case.
5. Once the cases are assigned a case number and court date, th e
necessary paperwork wil l need to be printed.
VIII. Defendant Process Service
A. Defendant(s) can be served dire ctly or sub-served (service i s accepted by
an adult relative or cohabitant) by an employee of any process serving
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Work Release-Collections agency under contact with Sacramento County or a private proces s
serving company. The fees for service and attempts at service vary.
IX. Proof of Service
A. When service upon the defendant( s) is complete, the process server
submits a sworn “Proof of Serv ice” form to the court and to the petitioner
(Work Release Divisio n-Finance Unit). Proof of service must be received
by the court no less than two (2) weeks prior to the court date .
X. Debtor Avoiding Service
A. A debtor who is seeking to avo id service may require several attempts. If
the defendant(s) cannot be loca ted, a "non-estes" (not found re turn) form
is filed with the cour t and the petitioner by the process servi ng company.
Continued evasion of service m ay require a photo for identifica tion
confirmation. A photo can be acqui red through California DMV o r SSD
Web Mug system.
XI. Incorrect Debtor Address
A. If service is not done due to an incorrect address, it will be necessary