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What is the process for filing a lawsuit in California small claims court?

Picture of Chris Battis By   ·  1 minute read

The process for filing a lawsuit in California small claims court typically involves the following steps:

  1. Determine whether your case falls within the small claims court jurisdiction. Small claims court has a monetary limit of $10,000 for individuals and $5,000 for corporations. Additionally, certain types of cases – such as eviction and family law matters – are not heard in small claims court.
  2. Fill out the necessary forms. In California, the forms needed to file a small claims lawsuit can be found on the website of the local court. The forms typically require information about the parties involved, the amount of damages sought, and a brief description of the circumstances giving rise to the claim.
  3. File the forms with the court. The plaintiff (the person filing the lawsuit) must file the forms with the court in the county where the defendant lives or does business. There is a filing fee, which varies by county but is typically less than $100.
  4. Serve the defendant with notice of the lawsuit. The defendant must be notified of the lawsuit and given an opportunity to respond. This is usually done through a process server, although other methods such as certified mail may be used.
  5. Attend the hearing. The court will set a hearing date, usually within a few weeks of the filing of the lawsuit. Both parties must appear at the hearing and present their case to the judge.
  6. Obtain a judgment. If the judge finds in favor of the plaintiff, a judgment will be entered for the amount of damages awarded. The defendant may be ordered to pay immediately or within a certain amount of time.

It is important to note that there may be limitations or exceptions to the general process outlined above. For example, there may be specific rules regarding the types of evidence that can be presented in small claims court or procedural requirements for serving the defendant with notice of the lawsuit.

If you are considering filing a lawsuit in small claims court, it may be helpful to consult with an attorney to ensure that you are following the proper procedures and have the best chance of success.