Thursday 22 October 2015

Take Someone To Small Claims Court In California

In California, the limit for a small claims suit is $7,500.


Under California law, you may bring a small claims suit against anyone for a monetary amount of not more than $7,500. Some of the more common small claims cases involve suits to recover money after a car accident, the collection of money owed or stolen and rent disputes. You can bring a small claims suit as long as you are 18 years of age or older and file the necessary paperwork.


Instructions


1. Figure out the appropriate court in which to file your claim. California law requires all small claims to be filed in the superior court of the county where the defendant or person/organization you are suing resides or does business in.


2. Contact the clerk of the court to obtain the necessary paperwork needed to file your claim. At a minimum, you will need a "plaintiff's claim and order to go to small claims court" (SC-100) form. Some courts will also require additional paperwork.


3. Fill in the SC-100 and other other required paperwork completely. File the forms and any required filing fee with the court clerk. The clerk will review your application and give you a notice for a court hearing with the date and time of your hearing.


4. Serve a copy of your SC-100 and the notice for court hearing on the defendant(s). This cannot be done by you or any party to the claim. You must either: have any adult 18 years or older and not party to your claim deliver it; have a "process server" deliver it; or have the county sheriff deliver it. If you decide to use the sheriff, ask the court clerk for assistance. Whatever method you use to deliver the documents, the person who delivered it must show proof that it was delivered. This can be done by having him complete a "proof of service" form which are available from the court clerk.


5. Prepare for your hearing. Gather any evidence, pictures or documents that will be helpful in proving your cases. Interview any witnesses that were present and inform them of that exact date and time of the hearing.


6. Attend the hearing. At the hearing, the judge will allow each side to present his side of the story using any evidence or witnesses that you provide. After the hearing, the judge will make a decision either for or against your claim.

Tags: small claims, your claim, claims suit, court clerk, small claims suit, bring small