Civil Frequently Asked Questions

1. How can I find out if my order has been signed by the judge yet?
2. How can I find out my next hearing date?
3. How do I get a document out of my court file?
4. How much does it cost to get copies made?
5. What if I don't know my case number and I need to review my file?
6. What if I live out of town?
7. Can I order something over the telephone or through the mail?
8. What do I need to do to start a divorce?
9. How long does it take to get divorced?
10. What are the fees to get divorced?
11. Does my spouse have to sign papers when I file for divorce?
12. Do I need a lawyer when I file for divorce?
13. My child's mother/father won't let me see my child, how can I see a judge right away?
14. If I was never married to my child's mother/father, do I still have rights as a parent?
15. How do I evict a tenant?
16. What forms do I need to evict a tenant?
17. How much does it cost to evict a tenant?
18. Can I serve them myself?
19. If they pay rent after I evict them, do I have to let them stay there?
20. I have been served with eviction papers, what can I do?
21. My mom just died; do I need to file some papers?
22. I don't have money for a lawyer, is there someone that can help me?
23. How do I change my name?
24. How much does it cost to change my name?
25. Will I need a new birth certificate for a name change?
26. Do I have to publish my name change in the newspaper?
27. Why do I have to publish my name change in the newspaper?
28. What services are available to me to help me get a restraining order against my abusive boyfriend/girlfriend?
29. My neighbor is harassing me, can I get a restraining order against her even though she lives next door?
30. How can I get a Civil restraining order?
31. Are there services available to help me with my paperwork?
32. What if I don't have any money and I need to file some paperwork with the courts?
33. I need to see a judge but I don't have a court file, what can I do?
34. My wages are being garnished, is there anything I can do to stop it or lower the amount that is being garnished.

1. How can I find out if my order been signed by the judge yet?

-You can look up your case on line and check the register of actions

-You can call us at 831-420-2200, options 2 then 3 and ask a clerk to check for you

-You can come into room 110 and ask a clerk to pull your file and check the status of your order.

2. How can I find out my next hearing date?

-You can look up your case on line and check the register of actions

-You can call us at 831-420-2200, options 2 then 3 and ask a clerk to check for you

-You can come into room 110 and ask a clerk to look up your case and tell you.

3. How do I get a document out of my court file?

Depending on how old your file is you would follow the instructions.

-If your file is in our office ( as opposed to in our storage facility), you can simply come in and ask to review your file and have us copy up to 10 pages for you. If you need more than 10 pages, you will need to put in a request (a form we can provide you) and pick up your copies in 7 to 10 business days.

-If your file is in one of our storage facilities, you could call us in advance and ask us to order your file for you, then come in and review it after it comes in. Depending on your case number, it can take 1 to 5 business days for us to retrieve your file.

4. How much does it cost to get copies made?

-Regular copies are .50 per page.

-Certified copies are $6.60 to certify the document and $1.10 per page. A one page document is $7.70, 2 pages $8.80, etc.

-If you are getting a certified copy of a final judgment, the certification cost is $11.00 and $1.10 per page. A one page document would be $12.10.

-If you are ordering more than 10 copies, you pay for your copies at the time of ordering them.

5. What if I don't know my case number and I need to review my file?

-If your case was opened before June of 1985, you can search on our website for your case number.

-You can call us or come in if you need assistance in locating your case number.

-If your case is before June 1985, you can search through our microfiche. You need to have the year and the parties last names.

6. What if I live out of town?

Unless you are wanting a document from a confidential file, such as a paternity or adoption, you can contact via telephone or mail and we can help you. If you mail us a request, be sure to include the fee along with a self addressed stamped envelope so we can mail you your document. Be sure to enclose specific instruction with what it is that you want, case number, case names, dates if applicable, etc.

7. Can I order something over the telephone or through the mail?

See above answer.

8. What do I need to do to start a divorce?

The forms you need to START a divorce are a Petition and a Summons. If you have children you must also have a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). If you are uncertain about doing your own paperwork, you can get free help from our family law facilitator provided you don't have an attorney, or you can hire a legal document assistant, or you can hire an attorney.

9. How long does it take to get divorced?

If the paperwork is completed in the time frame that it is supposed to be done, the standard time for a dissolution of marriage is 6 months and one day from the date the respondent was served with the summons and complaint.

10. What are the fees to get divorced?

The filing fees for a dissolution of marriage are currently $320.50, Keep in mind that if you are filing a summary dissolution, and additional $25.00 is charged.

11. Does my spouse have to sign papers when I file for divorce?

Only if you are doing a Summary Dissolution.

12. Do I need a lawyer when I file for divorce?

You do not NEED a lawyer to file documents with the court. However, we do not give legal advice at all.

13. My child's mother/father won't let me see my child, how can I see a judge right

away?

You can ask for an "ex parte" hearing. If you need help with your paperwork and setting that up, you can see the family law facilitator or a legal document assistant or you can hire an attorney. By having an ex parte hearing, you will be able to have a judge review your case and make temporary orders if the Judge feel that is necessary. At that point and hearing will be scheduled in the future to finish dealing with any pertinent issues.

14. If I was never married to my child's mother/father, do I still have rights as a parent?

Yes, however you need to establish the relationship by filing paperwork with the court and getting a court order verifying that you are the biological parent. You can see the family law facilitator to get assistance, or of course you can see a legal document assistant or hire an attorney.

15. How do I evict a tenant?

After you have served them their notice (3 day or 30 day, whatever it is) then you can pick up a complaint and summons from us, or you can get your forms online, or at the law library, you complete your summons and complaint, file it with us, have the defendant served and that starts your eviction process. Depending on how the defendant responds to the paperwork, there are different avenues to take to finish eviction the person. There are some self help books available to help walk you through the process. You can also hire a legal document assistant or an attorney.

16. What forms do I need to evict a tenant?

The initial documents to open an unlawful detainer case are summons and complaint.

17. How much does it cost to evict a tenant?

Depending on how much the person owes you, it can be $145.30, $292.50, or 320.50. You can refer to our fee schedule to get more clarity on fees.

18. Can I serve them myself?

No, you must have someone over the age of 18, not a party to the action do the serving.

19. If they pay rent after I evict them, do I have to let them stay there?

I don't know, you may want to get some legal advise at this point.

20. I have been served with eviction papers, what can I do?

You can file an answer. You have 5 days after you are served in which to file an answer. After the five days has passed, the plaintiff and enter a default and you no longer have the right to file an answer.

21. My mom just died; do I need to file some papers?

You can contact our probate examiner Cynthia Barbaccia to assist you through the process. Her number is 420-2308

22. I don't have money for a lawyer, is there someone that can help me?

There is a law library located in our court house, you can research what you need to do there and prepare your paperwork.

You can go to the law library and do research

23. How do I change my name?

By completing the name change forms. You can pick up a name change packet in the law library for only a few bucks. Be sure to print neatly in black ink. The fee for a name change is $320.50 unless you qualify for a fee waiver, then there is no fee.

24. How much does it cost to change my name?

See above answer.

25. Will I need a new birth certificate if I change my name?

You can check with the recorders office regarding any birth certificate questions.

26. Do I have to publish my name change in the newspaper?

Yes, you have to take a copy of the Order to Show Cause for Change of Name to the newspaper you indicated on your paperwork.

27. Why do I have to publish my name change in the newspaper?

So if anyone objects they have a chance to say why in court.

28. What services are available to me to help me get a restraining order against my

abusive boyfriend/girlfriend?

Services for women: Women's Crisis Support, (831) 425-4030, Walnut Avenue

Women's Center (831) 426-3062.

Services for men: Family Matters (831) 430-0899

29. My neighbor is harassing me, can I get a restraining order against her even though she lives next door?

Yes, you can get a civil restraining order and even though they live next door the Judge can make rulings to protect you and your privacy to a certain extent.

30. How can I get a civil restraining order?

You can obtain a "civil harassment" packet of forms from the law library, you can bring the form by room 110 and a clerk will help your sort out what forms you need to fill in to start the process. The packet will contain many forms that you will need to use later in the proceeding.

31. Are there services available to help me with my paperwork?

You can utilize a legal document assistant, or you can hire an attorney. If you are a senior citizen, you may be able to get legal help for seniors free of charge.

32. What if I don't have any money and I need to file some paperwork with the courts?

You can fill out your own documents and you can apply for a fee waiver. If you fill in your own documents, be sure to print neatly in black ink.

33. I need to see a judge but I don't have a court file, what can I do?

You must open up a court file, in order to file a motion to go before a Judge.

34. My wages are being garnished, is there anything I can do to stop it or lower the

amount that is being garnished.

You must seek legal counsel for this question.