BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Small Claims Court Process Discussion.
End
RECOMMENDATION:
Recommendation
Consider information provided by staff and provide direction as necessary.
Body
SUMMARY:
Staff utilizes the Small Claims Court for the collection of past due revenues and for claims against defendants for damages against the District. The District may also be a defendant for claims charged against the District.
For the collection of past due revenues as a result of delinquent payment for water production, the District utilizes a number of processes prior to the instigation of court action. Small claims court affords the District the opportunity to obtain delinquent payments of less than $5,000 at fundamentally little cost. Those accounts in excess of $5,000 are handled in superior court by District Counsel. This is the standard business practice that most agencies adhere to.
District Counsel utilizes small claims in a similar manner for obtaining judgments where the District has been damaged financially and not reimbursed. On occasion, the District may find itself as a defendant in a small claims action where a plaintiff feels the district owes them compensation whereas risk management has denied their claim.
Staff brings this subject to the Board for discussion and asks for direction as necessary to modify or maintain the process.
FINANCIAL IMPACT:
Depending on direction provided by the Board, there could be a future financial impact to the District.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: PowerPoint
UNCLASSIFIED MANAGER:
Manager
Najon Chu, 408-630-2208