What are the legal requirements for small claims court in California?
To file or defend a case in small claims court, you must be (a) at least 18 years old or legally emancipated, and (b) mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court.
How do I take someone to small claims court in California?
Go to your county clerk’s office and let them know you’d like to file a small claim. The clerk’s office will give you paperwork to fill out with basic information for your case: your name (the plaintiff), the name of the person or business you’re suing (the defendant) and the amount you’re asking for.
How long do you have to take someone to small claims court in California?
Personal injury – Two years from the date of the injury. If the injury is not immediately discovered, it is two years from the date it is discovered or should have been discovered. A minor has two years from his or her 18th birthday to file a case. Oral contract – Two years from the date the contract is broken.
What is the process of small claims?
—A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the …
What evidence can be used in small claims court?
Written documents – in the absence of any forgeries, this is normally the best evidence. Judge’s prefer documents as documents normally do not lie; Witnesses – it is important you consider what witnesses you can rely on to support your case (in this regard see the process below).
What happens if you lose in small claims court and don’t pay?
If you don’t pay the amount required even though you’re able to, you may be held in contempt of court and imprisoned or given additional costs. Pay the full amount directly to the other party (the “judgment creditor”) unless the magistrate has ordered otherwise.
Do I need an attorney for small claims court?
You yourself can file your claim with the court even without a lawyer representing your case. The Revised Rules of Procedure for Small Claims Cases (Revised Rules), as amended, provides for a step-by-step procedure on how to do this.
What evidence do I need for small claims court?
Do you pay costs if you lose in small claims court?
What Happens if You Lose in Small Claims Court? The losing party can be liable to pay the winning party’s costs, such as their Court fees, loss of wages, and travel costs, on top of their own costs.
What happens if defendant does not respond to small claims court?
If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
Who pays fees in small claims court?
Fees are payable at two key stages. The first is the issue fee the court charges to start the claim. The second is the trial fee. If a defendant wishes to pursue a counterclaim, a fee will need to be paid by the defendant.
What happens after you win a small claims case?
If you win your case, you’ll get the court fees back as well as the claim, and you can ask for certain expenses. If you win, you can’t charge fees for any legal advice to the defendant. So if you pay for legal advice, you’re unlikely to get it back.
What happens if defendant Cannot pay judgment?
A warrant of control gives court enforcement agents the authority to take goods from the defendant’s home or business. Enforcement agents will try to either: collect the money you are owed. take goods to sell at auction.
What if I lose a small claims court?
If you lose a small claims case, the court will order you to pay the other side’s court fees, their loss of earnings for attending court, and their travel costs.