California Civil Court Records

The California judicial system consists of the Supreme Court, the Superior or Trial Court, and the Court of Appeals. There are also Collaborative Justice Courts and Tribal Courts in the state.

Most civil cases start in Superior Court, but some are in the Court of Appeals, an intermediate appellate court, for review. The Supreme Court, the state's highest court of appeal,  accepts matters from the Court of Appeals. And the Collaborative Justice Courts in the state act as problem-solving courts.

Depending on how much money is at stake, California has three types of civil court cases: limited, unlimited, and small claims.

Limited civil cases are those with a value of $25,000 or less. Unlimited civil cases involve more than $25,000 or other disputes that don't involve money, like cases to settle the title to real property, issues requesting civil restraining orders, and requests to change a person's or child's name.

Small claims suits entail less than $10,000. In California's small claims courts, business owners, except sole proprietors, can't sue for more than $5,000.

Are California Civil Court Records public? The California Public Records Act states that most court records in California are open to the public. But the public might not be able to see some California civil court records if a law or court order asserts they are private.

Bankruptcy is a process set up by federal laws and rules to help people and businesses who can't pay their debts. Declaring bankruptcy in California lets impartial debtors get out of financial trouble and settle their debts by selling their assets or making regular payments to their creditors.

In California, you can file bankruptcy in three ways:

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy offers a method for California people to repay debts via the sale of non-exempt property, including real estate, automobiles, and jewelry.

Chapter 11 Bankruptcy

Chapter 11 Bankruptcy allows California companies to restructure and reorganize their debt. Under this bankruptcy structure, the corporation establishes a plan to repay all obligations, including priority, secured, and unsecured debts, subject to creditors' approval.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is a kind of bankruptcy that enables debtors in California to repay their debts while adhering to a supervised repayment plan. Only sole proprietors and individuals can use this method. Depending on their present and projected income, debtors can suggest a payback schedule spanning three to five years.

The four U.S. Bankruptcy Courts in California handle bankruptcy filings and proceedings. The appropriate court to start a case depends on where the debtor lives and the location of the primary assets or business operations.

When you file a bankruptcy in the state, it will be part of the California Bankruptcy Records. In California civil court records, you can find the names, debtors' and creditors' addresses, information about their finances, and other important case information. It can be in the form of reports, documents, court opinions, audio files, and transcripts.

You can obtain a bankruptcy record in California online, in person, by mail, or by telephone. You can use the Public Access to Court Electronic Records (PACER) or the Court CM/ECF Lookup tool for online resources.

You can also use the Multi-Court Voice Case Information System (McVCIS). It is an electronic records system that is open 24 hours a day and reachable by calling (866) 222-8029. It helps people who want to get free information for unsealed bankruptcy records.

Another option is to use the National Archive and Records Administration (NARA). For a fee, it lets people look at old and closed bankruptcy records from December 1, 2003.

Lastly, you can ask the local court clerk's office in person or by mail.

A lien in California is a claim or legal right on collateral assets to pay off a debt or obligation.

There are types of property lien records in the state, and every kind of lien will fall into a mix of these two basic categories: general or specific liens and voluntary or involuntary liens.

A general lien doesn't have to do with a specific piece of collateral. Instead, it is about everything the borrower owns. It includes their house, bank accounts, cars, and anything else they own.

On the other hand, a specific lien is only for a particular asset. For example, the mortgage bank holds a lien on the funded property. It provides the property as security for a loan or credit.

Additionally, liens might be voluntary or involuntary. A voluntary lien is when a lender and borrower agree. On the other hand, an involuntary lien shows how the law works in the state. It is why it is sometimes called a "statutory lien".

Apart from those categories, there are types of California Property Lien Records, and these are:

Tax Lien

Statutes generate involuntary general tax liens. If a person or corporation doesn't pay federal or local taxes, the IRS or another government agency can put a lien on their property.

Judgment Lien

A judgment lien is a debtor's court-ordered property entitlement. Creditors sue debtors in court for small claims or civil disputes. If the plaintiff wins, the judge seizes the defendant's property.

Mechanic's Lien

A mechanic's lien, an involuntary specific lien, is essential in the construction sector. It emerges when a contractor, supplier, equipment lessor, or other professional works on real estate. If those people or companies don't get paid, the person or company can put a lien on the upgraded property.

Mortgage Lien

A mortgage lien is a voluntary, specific lien used to acquire or refinance a house. Mortgages are "secured loans," creating a property lien. In this lien, the borrower guarantees collateral when they quit paying the obligations.

UCC Lien

A UCC lien in California is a claim against the assets of a corporation under the Uniform Commercial Code (UCC). It applies to all business transactions, including merchandise sales, securities, and negotiable instruments.

How To Check for Liens in California?

Residents can request a title deed search for real estate liens at the county clerk or recorder's office where the property sits. The party can look at the original record or get copies from the office.

Most county recorders also have a general index on their websites to help people check liens from a distance. You can find the California civil court records request form on a county recorder's website. Most of the time, you can fax or mail this form to get record copies.

If you want to know about liens on personal property, visit the Secretary of State's (SOS) office in California. The SOS also has an online search tool that lets you look at judgment, UCC, and state tax lien records and download images of the documents.

California Civil Driving Violation Records are traffic infractions that the state regards as noncriminal offenses. Instead of a criminal record, the violation will appear in the California traffic records.

Here are some examples of civil driving violation records in California:

• Jaywalking
• Driving on a bicycle lane
• Running a red light
• Speeding
• Driving without a seatbelt
• Faulty vehicle equipment
• Texting while driving
• Illegal U-turn
• Parking violations

Civil offenses in California carry consequences such as fines, required traffic school attendance, community service, and negligent operator points, but no prison time. In addition, although proportionate to the offense, the penalty for infractions is far lower than those for misdemeanors and felonies.

California Civil Driving Violation Records are available upon request to the general public. You can contact the state Department of Motor Vehicles (DMV) and the state's courts to get access or copies of these documents.

California Legal Judgment Records or "judgment files" in the state are the documents that show the court's final decision in a case or proceeding.

The Code of Civil Procedure (CCP) explains California's judgment laws. These laws control how judgments are given and recorded in the court system and how defendants and plaintiffs can collect these ruling files.

Sections 683.010 to 683.050 and 683.110 to 683.220 of the CCP provide the statute of limitations provisions that apply to judgments.

All California judgments have a 20-year statute of limitations under these laws. The original timeframe for decisions is ten years, after which they become inactive. However, judgment creditors are free to extend judgments for an additional ten years before the expiration of the first term.

Can you get these records in California? The California Rules of Court provide the general public access to California Legal Judgment Records.

In California, a person not a party to a lawsuit has many options for searching for a judgment record. You can visit the appropriate courthouse (the location where the hearing took place) to utilize public access computers or use their smartphone to access each local state court's Case Records Search service.

You can also use the Supreme Court and Court of Appeals case search tools on the homepage of the California courts' website for these documents.

Small Claims Courts in California are limited-jurisdiction courts that only hear civil cases between private parties where the money involved is less than $10,000. But the amount of money you can claim depends on who is involved in the case.

According to section 116.210 of the CCP, Small Claims Courts in California are not separate courts. They are part of every superior court in the state.

A California Small Claims Court has the authority to hear and rule on the following:

• Enforcement of the payment of delinquent personal tax, up to $5,000.
• Recovery of funds totaling $5,000 or less.
• Writ of possession issued for claims or damages not exceeding $5,000.
• Presiding over attorney-client fee arbitrations that are at most $5,000.
• Issuing equitable remedies or other injunctions when permitted by applicable statutes.

An individual wanting to bring a lawsuit in California's Small Claims Court must file a case with the court. To do this, you must fill out the Plaintiff's Claim and Order to Go to Small Claims Court. The plaintiff must include all pertinent information in the documents, including what occurred, where it happened, the person involved, and when.

After filing, the provided information will be part of the California Small Claims Records. It tells what happened in the case, who the parties were, and how much money the person who lost had to pay.

The Clerks of the California Small Claims Courts keep track of all matters heard in their courts. To obtain California Small Claims Records, identify your court's location and submit a record request in person or by mail, depending on the medium the court provides.

A divorce is when two people who got married decided to end the marriage, cancel it, or invalidate it in some other way. In California, a couple can start the divorce process by filing divorce papers in a Superior Court.

A person must fulfill the state's residence requirement to qualify for a California divorce. Section 2320 of the California Family Code requires the petitioner or spouse to have a six-month residency in California and three months in the filing county. But note that same-sex marriages and domestic partnerships are subject to additional residence restrictions.

After filling, the information provided will be part of the California Divorce Court Records. Knowing their types in the state will save you time if you are looking for these records.

Here's how each document is different in California Divorce Court Records:

Divorce Certificate

A divorce certificate is the most common marriage document but contains minor information. It indicates two persons divorced in California, the county where they got divorced, and the date of the divorce.

People usually need a divorce certificate when they want to change their names or get married again after getting a divorce. Usually, only the divorcing couple and their attorneys can see this document.

Divorce Decree

A divorce decree has the same information as the divorce certificate but also information about the divorce judgment. It includes information about child support, alimony, and property division.

Similar to a divorce certificate, this document is usually only available to those who filed divorce papers and their lawyers. If the couple wants to change their divorce agreement, they must ask for this document.

Divorce Record

This divorce document comprises all information in the divorce decree, certificate, and other case files and divorce-related documents. The divorce record is the superior court's case file, which it keeps in case one of the parties who filed for divorce in California chooses to appeal the judgment.

You can find most divorce court records in the state through the California Department of Public Health (CDPH) or at the Superior Court in the divorce county.

During probate, the court oversees the steps that move legal ownership of property from the estate of the deceased person to the people who will benefit from it.

The California Probate Court in each county is in charge of the estates, trusts, and guardianships of people who have died. It also hears elder abuse petitions and petitions to establish the facts of birth, death, and marriage.

By requesting to the county clerk, you can get copies of the California Probate Court Records such as:

• The petition for probate
• The will
• The petition for probate
• Estate inventory files
• Letters of administration
• A final accounting

To sum up, you can look at California civil court records for some court cases in California. But the public isn't allowed to look up issues with private information, like those involving minors or people with disabilities.

You can find civil court cases in California through the online portals on your local court's website, or you can visit the courthouse in person. Most of the time, there is a small fee for this service, which varies from county to county.

However, note that the California Rules of Court make a difference between accessing electronic documents online and at the courthouse. Because of this, some documents that are part of the official record are unavailable online. Thus, it is best to talk with your local court clerk to obtain information from California civil court records.