Filing a small claims case in California might feel daunting, but breaking it down makes it manageable. Small claims court offers a simplified venue to resolve disputes involving relatively small sums of money without the formalities of higher courts. You can often represent yourself, which helps avoid expensive attorney fees.
What is small claims court?
Small claims court deals with cases where the amount at stake is $10,000 or less for individuals and $5,000 or less for businesses. Common disputes include unpaid debts, property damage, and contract issues. Representation by a lawyer is not required, making it accessible for many people.
How to file your claim
Begin by completing the Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100). This form is available online or at your local courthouse. Clearly state your claim, the defendant’s information, and the amount you seek.
Then, file the completed form with the court clerk at the small claims court in the county where the defendant resides or where the incident occurred. Filing fees vary based on your claim amount and are refundable if you prevail. The clerk will schedule a hearing date and provide instructions on serving the defendant.
Serving the defendant
You must formally notify the defendant by serving them the court documents. This can be done by a sheriff, process server, or any non-involved adult. Proper service is essential for the court to proceed with your case. You must file proof of service before the hearing.
Preparing for your hearing
Collect all relevant evidence such as contracts, receipts, photographs, and witness statements to support your case. Organize your presentation to clearly and persuasively explain your position. Arrive early on the day of the hearing and follow all court procedures.
Following these steps carefully will help you file and present your small claims case effectively.