The request form that you will sign requires you to certify that the information that you request is needed and will be used solely for service of legal process in conjunction with an actual or prospective lawsuit. Remember, the ultimate decision maker of how much you . However, this limitation does not apply to a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity. Special proof of service form-The person who serves the plaintiff's claim by substituted service must complete and sign a special form of proof of service entitled Proof of Mailing (Substituted Service) (Form SC-104A). To see if you will need any special local forms, contact your court clerk orcheck your courts website. You must file your request with the clerk of the small claims court, and must send a copy of your request to the other party. The judge will be interested only in hearing the facts of your dispute. To see if you will need any special, local forms, contact your court clerk or check your court's website. Some courts will allow you to file the forms by fax or via the Internet. Ask a judge to make a decision about something before or after your Small Claims trial date. You need the defendant's address for several reasons. If the return receipt is the only evidence of the defendant's signature, and there is no other evidence to show that the signature is actually the defendant's, the judge may ask that you serve another copy of your claim form. Prepare a written outline of the important facts and the points you intend to make to the judge. Some judges may begin by asking questions of each party to learn more about the facts, or to cover areas the judge knows are important. After you have entered the requested information in the subpoena, the subpoena is issued by the clerk of the court and is a court order. Completed Sample Forms are available here. The subpoena form gives you two options: You can require the witness to bring the documents to court and testify as a witness, or merely to deliver the documents that you requested to the court. You, the other parties, and any witnesses, should then go forward to the table in front of the judge. A temporary judge cannot pressure or threaten you into consenting to him or her hearing your case. (Even after the case is decided, the judge can authorize payment by weekly or monthly installments. Once you file papers to start a case, you typically have a court date (trial) in about 1-2 months. As with change of address information, you can obtain that information if you need it for the service of process on the applicant for the Postal Service mailbox, and you submit a request form-the same form used for change of address information. It is signed by the person who delivered a copy of your claim form (Form SC-100) to the defendant. Someone must give each defendant a true copy of the Plaintiff's Claim Form (Form SC-100) at least 15 days before the hearing date if the defendant lives in the county in which the claim is filed, or at least 20 days before the hearing date if the defendant lives outside the county in which the claim is filed. The represented spouse need not come to court if the judge allows representation. File the Proof of Service with the court. However, one spouse may not represent the other spouse if the court decides that justice would not be servedsuch as where their interests are not the same and may conflict. You should also verify with your local small claims advisors as to the required forms necessary to ask for court authorization to serve the Secretary of State. If your claim is over the small claims monetary limit, you may file a case in the regular superior court, where you can either represent yourself or hire an attorney to represent you. In a contractor case, the plaintiff might say, Your Honor, I am suing the defendant roofing contractor for $1,000 because the work he did on my roof was defective, and it cost me $1,000 to get it right. In an auto repair case, the plaintiff might say, Your Honor, Im suing the defendant auto mechanic for $600 because he didnt fix a number of things on my car for which he charged me, and I have a report from the Bureau of Automotive Repair that explains what he did wrong. By providing this overview, you give the judge some guidance on what facts he or she should focus on. The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000. The judge also may not understand fully the evidence you are presenting, especially if the case is complicated and involves many documents. Here are some examples of ways to name a defendant: If you would like to delete the names of one or more defendants from your claim, you can use the dismissal form that you received with your claim or a request for dismissal (Form CIV-110). Tells the judge you're allowed (authorized) to appear for someone in a small claims case. Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration. Some courts also require a form called "Plaintiff's Statement to the Clerk." Then relax, listen for announcements, and think about your case. Its also helpful to sit through a small claims court session before the date of the hearing. For example, a judge might ask the Bureau of Automotive Repair to investigate allegations from a consumer that an auto repair shop performed fraudulent work. Disputes involving neighbors and family members are particularly well-suited for mediation because of the importance of the relationships between the parties. In that situation, be sure to name both the contractor and the guarantor as defendants, and prepare to prove a violation of the contractors licensing laws. Small Claims Court handles Civil cases asking for $10,000.00 or less. The judge listens to both sides, looks at evidence, and decides who wins or loses the case. Where Can You Obtain More Information and Advice? The Superior Court of California - County of Ventura - Small Claims Some judges may investigate the case after learning relevant facts. Fill out forms to start a small claims case, Fill out forms to start a COVID-19 small claims case, Serve your COVID-19 rental debt small claims forms, Suing the other side back in small claims court, Ask to cancel (vacate) the judge's decision. If you dont find your name or case listed on the court calendar, check with the small claims clerk. Tell the court you had the other side served with the papers you filed to start the Small Claims case. While the judge is asking the other party to explain his or her side of the dispute, dont argue or interrupt, even if you feel that whats being said isnt truthful or accurate. Suing in California small claims court: Step by step | Legalzoom Cases for $25,000 or Less - money_selfhelp - California Courts It is your responsibility to make sure that each defendant is properly notified about the lawsuit in this way, and to pay the fees and costs of giving this notice. Check your state or local bar associations to see what help is available. If the other side asked the judge to fix or cancel the decision, use this form to tell the judge what you think should be done. When you tell a story to a friend, you usually start from the beginning, give all the details, build some suspense, and then finish with an ending. A business can only sue for $5,000 or less in small claims court. The filing fee for a small claims case is between $30-$100. The person who files the lawsuit is the plaintiff, and the person being sued is the defendant. In this written declaration, a representative of the business (such as the owner) is required to declare under oath that the business that is suing has complied with California's fictitious business name registration laws. While youre waiting for your hearing date, its important to prepare your case or defense as thoroughly as you can. Always give copies of your evidence to the judge, or if you must show the judge the originals of your evidence, make sure you ask for that piece of evidence back before you leave the courtroom. Better yet, you should check with a small claims adviser before you file. If the money is not paid, there are many forms you can use to help collect the money or to let the court know why you can't pay. This includes preparing for the hearing, gathering evidence, meeting with witnesses, and attending the hearing in person. If theres no dispute about the amount you owe, but you simply cant pay the entire debt at one time, consider offering to make monthly or weekly payments until the debt is paid. While evidence is still presented in those cases, they take less time because there is no opposition. If you are suing on behalf of a corporation or LLC, you can sue for a maximum of $5,000. For defendants living outside your area, try www.yellowpages.com or other Internet telephone directories (see page 20). Small Claims Division - LA Court Claims must be $10,000 and under. Even if the court generally permits telephone testimony from witnesses, you should ask for permission from the court in advance of the hearing. Instead of bringing your own interpreter, ask the small claims court clerk for a list of interpreters at least five days before the hearing. Also, corporations with a "forfeited" status are not considered to be registered with the Secretary of State for the purpose of small claims service. Another is that if the defendant doesn't appear at the hearing, the judge may refuse to hear the case unless the judge determines that it is actually the defendant who signed the return receipt. In the case of a partnership-To (1) a general partner, (2) the general manager of the partnership, or (3) an individual or entity that the partnership has designated as its agent for service of process. In the following kinds of situations, a party need not appear in court, and may either send a representative or submit written declarations to prove his or her claim or defense. Small claims court allows you to sue a person, business, or government agency that you think owes you money. If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. By thinking ahead, youll be in a better position to present your case. The certificate contains the owner's name and address. Telling your story to a judge isnt like telling a story to a friend. If you're not sure which of several possible defendants is responsible for your claim, name each person you believe is liable. If you're suing on behalf of a business, tells the court and other side about your business Fictitious Business Name, if you have one. The Small Claims Court, A Guide to Its Practical Use - California For example, if you file an action for $4,000 in February 2015, and another action for $4,000 in March 2015, you may not file any more actions for more than $2,500 until January 1, 2016. Small Claims Court Trials (max: 10) SOUTH COUNTY COMMISSIONER RILES - DEPARTMENT 519 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 9:00 AM Small Claims Court Trials (max: 15) (max: 15) EA (max: 5) Small Claims Law & Motion (max: 3) Small Claims OEX (max: 2) 9:00 AM CH/WV/SV 9:00 AM CH/WV/SV EA 9:00 AM CH/WV/SV EA 9:00 AM Small Claims Court Trials 4. If you don't, you might not be able to . It's wise to send written communications by mail, and to ask the post office for a return receipt that you can keep as evidence. For example, if a multiple filer sued for $1,400 and won a judgment for $1,400, the court will grant that filer court costs (filing fee) of $30 and not the $100 that was paid to the clerks. You are not obligated to consent to a temporary judge. But some courts have local forms, too. It may be a good idea for the parties to use the courts mediation services if they are available. The plaintiff presents his or her side of the story to . (See "Have You Considered Mediation?". The major Internet browsers have search capabilities that can be productive if you know an individual's correct name. If he or she owes you money, you might consider offering to accept less than the full amount, if its paid right away. Be sure to have all your evidence and any important documents with you. After you have filed your claim and obtained a hearing date from the clerk, you then need to arrange for someone to give each defendant a true copy of the same claim form (Form SC-100) that was issued in your case. If you're served a Plaintiff's Claim (form SC-500), Find a business address or agent for service of process, Serve Plaintiff's Claim (substituted service). No fee is required. step-by-step instructions on how to start a case, Plaintiff's Claim and Order to Go to Small Claims Court (COVID-19 Rental Debt), Respond if you're sued in small claims court. To protect privacy interests, you should only display the last four digits of Social Security Numbers on financial documents. Tells the court who you are, who you're suing, why, how much you are suing for, and why you're suing in this county. www.dca.ca.gov/consumers/dispute_resolution_programs.shtml, www.gpo.gov/fdsys/search/searchresults.action?st=collection:uscode, The Small Claims Court, A Guide to Its Practical Use in PDF Format. We'll only use this email to send this link, Ten digit mobile number starting with the area code (e.g. In most situations, parties to a small claims action must represent themselves. Many judges ask for a brief overview of the case. Once issued by the clerk of the court, it can be recorded with a county to create a lien against the judgment debtor. Organize your thoughts and evidence to make your claim as easy as possible to understand. If the plaintiff is a business or a government entity, the maximum claim is $5,000. 1 In order to provide electronic public access to court information, Sacramento Superior Court incurs technology . A witness is entitled by law to ask for witness fees of $35 per day plus 20 cents per mile each way. Effective Oct. 6, 2014: See Standing Order Re: Proper Courthouse for Filing Small Claims and Civil Actions. Forms - small_claims_selfhelp - California Courts Defendants cannot be awarded court costs, since they do not pay a court fee to appear in court. If you do resolve your case in mediation, the mediator will draft the agreement for you. Especially in cases that have been filed against a defendant who lives outside the county (or outside the area of court location where the court is located), the judge will carefully look into and decide if the court is a proper one for that case. Hearing-impaired persons may call (800) 322-1700 (TDD) or (916) 322-1700 (TTY ). Tell the court and the other side that you do not want to go forward with the case. Exemptions From Enforcement of Judgments. At the very least, you should ask the defendant for the legal remedy that you hope the judge will award you. Like all court forms, you can also read and print this by visiting the Judicial Council's self-help Web site at www.courtinfo.ca.gov. The Small Claims Packet with envelope weighs 3 ounces. California State Department of Consumer Affairs Homepage is designed to help Californians become informed consumers by learning their rights and protection., portal. Print. Public records and reports (charges imposed), https://www.dgs.ca.gov/ORIM/Services/Page-Content/Office-of-Risk-and-Insurance-Management-Services-List-Folder/File-a-Government-Claim, Authorization to Appear on Behalf of a Party, Judicial Council's self-help Web site at www.courtinfo.ca.gov, U.S. Find A Personal Injury Lawyer Near You - Forbes Advisor 4158654200), We'll only use this mobile number to send this link. The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000. The period of time during which you can file a lawsuit varies depending on the type of legal claim. You can obtain the name of an agent for service of process of a corporation or other entity that has registered with the California Secretary of State by calling (916) 653-6814 or (916) 657-5448 or visiting the Secretary of State's Web site at www.ss.ca.gov. If the witness isnt living in California, the statement should be signed before a notary public. Be sure to indicate that you are dismissing the case only against certain named defendants, and that you are not dismissing the entire case. The tax and permit division of the office of the city clerk maintains a list of the names and addresses of most businesses that are licensed to do business in a city. If a plaintiff is a natural person, an individual, or a sole-proprietor, the maximum claim that can be asked for is $10,000. At your request, the small claims court will issue a Small Claims Subpoena for Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration (Form SC-107)a court order that requires the person named in the order and served with a copy of it to come to court to testify as a witnesses. What Should You Do After You Receive an Order to Appear? The court will then hear each case. Verify with your local sheriff s department or small claims advisors as to the requirements for your particular situation. What If the Plaintiff Hasn't Filed in a Proper Court? can: If you are under 18 years old, you need a guardian ad litem to sue for you in small claims court.
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