What can be won in small claims court? You cannot ask the court to order the defendant to do anything, or to refrain from doing something. If you need an order to make someone do something or stop doing something, other courts are available. How do I file a lawsuit?
Before you sue, try to settle your dispute. You can try to settle by phone or in writing. Make sure your offer is simple, clear and unemotional. Remember that all written communications can be used later in the courtroom if necessary. If you have exhausted all reasonable steps to settle the dispute out of court, and you have determined whom you are going to sue and where to file your case, it is time to prepare everything you need to start a lawsuit in small claims court. You should collect all the information that will be needed before you go to the courthouse.
If you are filing the claim, you are the plaintiff and the party you are suing is the defendant. As the plaintiff, you have the burden of proving your case. You have a higher risk of losing your case if you do not have the appropriate documentation and other evidence to prove your case. Collect your records, including copies of contracts and agreements, and bring any necessary witnesses or arrange for their telephone testimony in advance, as letters from witnesses may be considered inadmissible.
You will also need the following information:. Once you are prepared, you can begin your suit by visiting the Small Claims Department at the courthouse. The courthouse clerk will give you the appropriate forms to file your claim and can help you with limited information. However, he or she cannot give you legal advice. The attorney can also advise you on whether your case qualifies for attorney fees and whether small claims court is the best option for your situation.
If small claims court is your best option, the attorney can look over your paperwork. You may have to pay more or decide to proceed without an attorney if counseling and review of your documents require more time. When you file your small claims documents, you will be asked to swear under oath that your small claims statement is true.
You will also have to pay the necessary filing fees. You have the option of paying a higher fee for a jury trial. These fees generally must be paid in cash or by money order or company check.
Most courts do not accept personal checks. All of these costs may be added to the amount you recover at trial, if you win. Where do I go to file the lawsuit? If you have a tort accident claim, you may file in the county where the accident took place or in the county where the defendant resides. If the dispute is related to a service or purchase, you may file in the county where the service or purchase took place or was supposed to take place , or in the county where the business in question is physically located.
Under some circumstances, more than one court can be used. For example, if the defendant lives in one county, but agreed to perform services in another county, you can select either county as the place to file your lawsuit.
Can my lawyer help me with my case? Your lawyer can help you get ready for your small claims court case, organize your evidence for you and advise you on what to say. If you win, a lawyer can also advise you on how to collect your judgment. However, a lawyer will not be able to be present with you in small claims court. What will it cost me to file a claim?
Is it a corporation, a partnership, or a sole proprietorship? It is your responsibility to make sure that you are suing the proper and necessary party in the correct name. If the business is a corporation, you will the correct name of the corporation, and the name and address of the corporation's registered agent.
If the business is a partnership, you will need the name and address of at least one of the partners. If the business is a sole proprietorship, you will need the name and address of the owner of the business. Information about a corporation, and the corporation's Registered Agent may be obtained from the Office of the Secretary of State, Corporation Division, Information as to the corporation's standing is available from the Office of the State Comptroller, What is the maximum amount I can sue for in Small Claims Court?
You must follow the instructions within the Citation with which you were served, and file a written answer with the Court on or before a. You should send a copy of the answer to the Plaintiff, and include your name, address, and telephone number. How do I ask for a jury trial? You are entitled to a jury trial if you file a request with the court not later than one day before the date on which the hearing is to be held and pay the jury fee at the same time.
It is helpful to ask for a jury trial well in advance of your hearing date. What happens in court? Announce Your Presence. When you arrive in the Small Claims Court, it is a good idea to announce to the clerk that you are present.
If the justice of the peace calls the "docket," that is each case scheduled to be heard at that time, you should answer "present" when your case is called.
If you have demanded a jury, a jury panel will be available from which you will select six jurors to decide your case. Both the plaintiff and the defendant will be able to ask the potential jurors questions to learn about the jurors, their prejudices, and their sympathies. You may tell the justice of the peace if you think that a certain juror cannot be fair and ask that the juror be excused for cause.
You may disqualify three 3 jurors using your peremptory strikes for any reason or for no reason. When the trial begins, the justice of the peace or the clerk will ask each party and their witnesses to swear to tell the truth.
As the plaintiff, you will have the opportunity to begin. You have the burden to prove your case by a preponderance of the evidence. You may proceed by testifying about the facts of your claim, presenting any physical or documentary evidence you have, and asking questions of your witnesses.
The defendant will have an opportunity to cross-examine the plaintiff and each of the plaintiff's witnesses, by asking questions. At the end of the plaintiff's presentation, the defendant will explain the circumstances from his or her point of view.
Small claims courts may be able to order a defendant to do something, as long as a claim for money is also part of the lawsuit. If you are suing to get back the lawn mower you loaned to a neighbor, for instance, the court can order the return of the mower, or payment for the mower if it is not returned. Otherwise, small claims courts may order a defendant to do or not to do something only when expressly authorized by statute i. It may or may not need further court orders to enforce a certain order.
For example, the court may order the defendant to return a vehicle to the plaintiff. If the defendant does not comply and parks the vehicle in his or her home garage, the sheriff may require an additional order from the court that would allow them to enter the premises to seize the vehicle.
Most cases are heard on weekdays, but some courts also schedule evening and Saturday sessions. Many disputes can be resolved by using other dispute resolution methods, such as mediation. Many counties help resolve disputes informally through their local consumer affairs offices, or through local public or private dispute resolution or mediation programs. You need to consider whether the defendant is legally responsible for the claim. Is the law on your side? If there is a law that applies to your case, the small claims judge must follow that law, interpreting it in a spirit of reasonableness and fairness to both parties.
If you decide to file a small claims court case, be prepared to devote some time and effort to it. This includes preparing for the hearing, gathering evidence, meeting with witnesses, and attending the hearing in person. You also may need to take action and spend money to enforce any judgment. While a small claims court judgment carries legal weight, it may be difficult or even impossible to enforce the judgment.
Collecting a court judgment is one of the most challenging and frustrating aspects of any lawsuit. The person who is obligated to pay the judgment may not have the money to pay it, or may simply refuse to pay it.
Enforcement procedures are available, but these require extra effort and also money on your part. In deciding whether to file a small claims case, remember that you may not appeal. By choosing small claims court to resolve your dispute, you give up the right to have a different judge re-hear the case. In that situation, the entire dispute will be heard again, before a different judge.
Have you and the defendant tried to resolve the dispute on a friendly basis? If you haven't done so before suing, why not try?
At the very least, you should ask the defendant for the legal remedy that you hope the judge will award you. Are you able to give the other person some incentive to settle the dispute? If you owe money, it may be worth paying a bit more than you feel you owe, just to end the dispute. If the dispute goes to court and results in a judgment against you, the amount you owe may be increased by court costs and interest , and the judgment will be noted in your credit record.
Even after the case is decided, the judge can authorize payment by weekly or monthly installments. Mediation is a process for resolving disputes informally. A third party —a mediator — helps the parties arrive at their own solution. The best quality of the mediation process is that it attempts to restore the relationship between the parties. While only some disputes can be resolved by mediation since both parties must agree to the results , consider whether your dispute can be resolved in that way.
Disputes involving neighbors and family members are particularly well-suited for mediation because of the importance of the relationships between the parties. If you decide that mediation rather than small claims court might resolve your dispute, ask the clerk if the small claims court offers a mediation program. If not, the clerk may know of a publicly funded program in your county. You can also locate a mediation program by looking in the business section of your telephone directory, or by calling the California Department of Consumer Affairs at You can also find a list of mediation programs on the Web site of the California Department of Consumer Affairs www.
If you are the plaintiff, reviewing the following court forms will give you some useful information:. If you are the defendant, reviewing the following court forms will give you some useful information:.
0コメント