Division 21. Rules for Small Claims Actions · Chapter 2. Small Claims Advisors · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.2120 requires the clerk to tell parties about free small claims advisor assistance and the immunity provisions of Government Code section 818.9, sets the subject-matter training every small claims advisor must receive, allows counties to add qualifications, and requires advisors to disclose conflicts of interest and keep litigant information confidential.
(a)Notice to parties The clerk must inform the parties, orally or in writing, about:
(1)The availability of advisors to assist small claims litigants at no additional charge as provided in Code of Civil Procedure sections 116.260 and 116.940; and
(2)The provisions of Government Code section 818.9. (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 1991.)
(b)Training All small claims advisors must receive training sufficient to ensure competence in the areas of:
(1)Small claims court practice and procedure;
(2)Alternative dispute resolution programs;
(3)Consumer sales;
(4)Vehicular sales, leasing, and repairs;
(5)Credit and financing transactions;
(6)Professional and occupational licensing;
(7)Landlord-tenant law; and
(8)Contract, warranty, tort, and negotiable instruments law. It is the intent of this rule that the county must provide this training. (Subd (b) amended effective January 1, 2007; previously repealed and adopted effective July 1, 1991.)
(c)Qualifications In addition to the training required in subdivision (b), each county may establish additional qualifications for small claims advisors. (Subd (c) adopted effective July 1, 1991.)
(d)Conflict of interest A small claims advisor must disclose any known direct or indirect relationship the advisor may have with any party or witness in the action. An advisor must not disclose information obtained in the course of the advisor’s duties or use the information for financial or other advantage. (Subd (d) amended effective January 1, 2007; adopted as subd (c); previously relettered effective July 1, 1991.)
Plain-English Summary
Small claims advisors are the free, non-lawyer resource California counties provide to help self-represented litigants understand the process. Rule 3.2120(a) starts with notice: the clerk has to tell the parties, orally or in writing, that this advisor assistance exists at no extra charge, and that Government Code section 818.9 addresses liability related to that advice.
The rest of the rule builds the guardrails around who can serve as an advisor. Subdivision (b) requires every advisor to receive training covering small claims practice and procedure, alternative dispute resolution, consumer sales, vehicle sales and repairs, credit and financing, professional licensing, landlord-tenant law, and contract, warranty, tort, and negotiable instruments law — with the county responsible for providing that training. Counties can layer on additional qualifications of their own under subdivision (c). Subdivision (d) closes with two duties every advisor owes the litigants they help: disclose any relationship, direct or indirect, with a party or witness in the case, and never use or disclose what the advisor learns while helping a litigant for financial or other advantage.
Frequently Asked Questions
Is small claims advisor help free in California?
Yes. Rule 3.2120(a) requires the clerk to inform parties that advisor assistance is available at no additional charge under Code of Civil Procedure sections 116.260 and 116.940.
What subjects must a small claims advisor be trained in?
Rule 3.2120(b) lists small claims practice and procedure, alternative dispute resolution, consumer sales, vehicle sales and repairs, credit and financing, professional licensing, landlord-tenant law, and contract, warranty, tort, and negotiable instruments law, with the county responsible for providing the training.
Can counties require more of small claims advisors than the state training?
Yes. Rule 3.2120(c) lets each county set additional qualifications for its advisors beyond the training required in subdivision (b).
Must a small claims advisor disclose a relationship with a party in the case?
Yes. Rule 3.2120(d) requires the advisor to disclose any known direct or indirect relationship with a party or witness, and bars the advisor from using or disclosing information learned while helping a litigant for financial or other advantage.
Amendment History
Rule 3.2120 amended and renumbered effective January 1, 2007; adopted as rule 1725 effective January 1, 1986; previously amended effective July 1, 1991.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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