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SMALL CLAIMS COURT - UNPAID FEES
SB 556 (Chap. 596); amends CCP section 116.820 and R&T section 19280
Background: The new statute addresses two separate problems:
- The Small Claims Act states that judgments may be enforced like all other judgments, but then specifies that the court may collect fees for issuance of a writ of execution, abstract of judgment, and application for an order of examination of a judgment debtor. Other post-judgment enforcement proceedings, such as a claim of exemption for which fees are charged statewide in general civil actions, are not specifically mentioned. Because of this ambiguity, court practices regarding small claims fees diverge across the state.
- In addition, under present law, the Small Claims Court may only refer unpaid court-ordered fines and penalties (after 90 days) to the Franchise Tax Board.
This bill clarifies that courts should charge small claims litigants all fees associated with the enforcement of judgments, as is done in general civil actions, and it provides that bail is included among the unpaid court-ordered fines and penalties that the court may refer to the Franchise Tax Board.
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
Web site: dca.lacounty.gov