You need to check whether the defendant is legally responsible for the claim. Is the law on your side? If there is a law applicable to your case, the small claims judge must follow that law and interpret it in a spirit of reasonableness and fairness to both parties. If the law is not on your side, but you feel that there is justice, you can get a more favorable result through voluntary mediation. If you are the plaintiff, the following court forms will provide you with useful information: In most cases, the parties to a small claim will have to represent themselves. As a general rule, lawyers or non-legal representatives (for example, debt collection agencies or insurance companies) are not allowed to represent you in small claims court. Go to your district agent`s office and let them know that you want to file a small claim. The Clerk`s Office will give you documents that you can fill out with basic information for your case: your name (the plaintiff), the name of the person or company you are suing (the defendant) and the amount you are demanding. Make sure you have the correct name and address of the defendant. If the contact details are incorrect, your case may be rejected. Be sure to keep copies of your records for your records. With a few exceptions, anyone can sue or be sued in small claims court. In general, all parties must represent themselves. One person can sue another person or a company.

A company, in turn, can sue an individual or another company. An assignor (a person or corporation suing on behalf of another person, e.g., a debt collection agency), however, cannot bring an action in small claims court. A federal agency cannot be sued in Small Claims Court. If you have any of these problems, you will have a hard time solving it, small claims court could be your ideal way. If you decide to file a small claims lawsuit, be prepared to put in some time and effort. This includes preparing for the hearing, gathering evidence, meeting with witnesses, and participating in the hearing in person. Almost any dispute can be brought in small claims court, provided the amount of money requested is within the maximum amount allowed by California law. In the following situations, a party does not have to appear in court and may either send a representative or make written statements to prove its claim or defense. However, the representative cannot be compensated and will be disqualified if he or she has appeared in small claims actions four or more times during the calendar year as a representative of others. If the court finds that, for any reason, a party is unable to properly assert its claim or defence, it may authorize another person to assist the party. The person helping you can only provide help – the person`s participation in the court cannot be legal representation and the person cannot be a lawyer. When you go to court, you and your opponent have the opportunity to speak before the judge or court-appointed official.

Only at this stage can you call witnesses. However, the subpoena of witnesses requires an additional service fee and advance service. In general, claims are limited to litigation up to a maximum of $5,000. However, individuals can claim up to $10,000. Corporations, partnerships, non-legal associations, government agencies and other legal entities cannot claim more than $5,000. In addition, no applicant (person or entity) may file more than two small claims for more than $2,500 in a calendar year throughout the state. For example, if you submit a $4,000 promotion in February 2015 and another $4,000 promotion in March 2015, you will not be able to submit further promotions over $2,500 until January 1, 2016. You can file as many claims as you want, for $2,500 or less. However, this restriction does not apply to a city, county, city and county, school district, district education office, community college district, local district or other local public institution. You can file more than two lawsuits for $2,500 in a calendar year. If you follow these steps to file a complaint in small claims court, you have the best chance that your deposit will be refunded. Once you have filed your claim with the court, you must inform the defendant that he will be sued.

This is called the “Process Service”. There are rules that govern who can serve the accused. Your options are registered mail, using the sheriff, or hiring a private process server. Once your claim is filed and served on the defendant, the court will begin to process your claim. Only after your opponent has been successfully served will the court set a preliminary hearing or trial date.