How to File in Small Claims Court

Need more information on how to file in small claims court? Learn everything you need to know here, including how an attorney can assist with your legal needs.

Introduction

The idea of filing a lawsuit against someone isn’t exactly the most thrilling activity you may do in life. Sometimes though, it is necessary. Maybe you were injured due to someone else’s negligence. Maybe someone took something from you. Or, maybe you loaned money to someone and never received the return payment.

Don’t be afraid of a lawsuit because you don’t understand the process. Small claims court is one of the most commonly used courts – and the process is rather straightforward. With the guidance of an attorney, you can reach the best possible outcome for your small claims case.

Small Claims: Types of Cases You May Find

Before we dig too deeply into filing a claim in smalls claims court, perhaps you are wondering just what kind of cases get filed here, right? Common cases you will find here are loan repayments, improper car or household repairs, evictions, and more. In California, cases filed in small claims court often fall into one of these categories:

• Landlord/Tenant issues, security deposits, etc.
• Property damage or personal injury related to a car accident
• Homeowner association disputes
• Property damage
• Loan repayment/collection of money owed
• Disputes with service providers or contractors

There are many reasons why someone may find themselves in small claims court. Rather than focusing on the type of case, it is best to focus on the monetary amount you are seeking. This is what really determines whether or not you have a small claims case.

Small Claims: Amounts You Can Sue For

It is important to note that small claims courts vary from place to place – and this includes the amounts that are considered small claims.

In California, an individual cannot seek more than $10,000.00 in a claim filed in this court. Government entities and businesses cannot seek more than $5,000.00. It should be noted that there is a cap on how often you can file a claim in small claims court in California. All claims filed for $2,500.00 or less are fine (and you can file as many times as you need to). However, in each calendar year, you can only file claims seeking funds over $2,500.00 twice. There are exceptions to this rule that can be discussed with your attorney.

Small Claims: Statute of Limitations

If your neighbors home improvement project damages your property today, you have a specific amount of time in which you can file a lawsuit. This is known as the statute of limitations. In other words, you can’t put off filing the small claims suit for 5 or 6 years and then decide you are ready.

This list will give you a general idea of your statute of limitations for your case.

• Personal injury allows you to file a claim for up to 2 years from the incident.
• Broken agreements vary. For verbal agreements, you have 2 years to file. For written agreements, you have 4 years.
• Property damage allows you 3 years to file a lawsuit.
• If you are the victim of fraud, you have 3 years from the time you find out about the fraud to file.
• When it comes to suing a government agency, you often only have 6 months to do so.

It is always a good idea to speak to your attorney soon after the incident to see what your options are – and reduce the risk of running out of time.

Small Claims: Filing the Claim

Small claims court requires you to fill out certain forms that will get filed with the Clerk of the Court. Depending on where you are filing, your local courts may have additional forms for you to complete. If you have any attorney, he or she will handle the completion and filing of the forms for you.

• Form SC-100, Plaintiff’s Claim and Order to Go to Small Claims Court
• Form SC-100A, Other Plaintiffs or Defendants. This form is used when there are more than 2 plaintiffs or more than 1 Defendant.
• Form MC-030, This form provides additional space if needed to fully state your claim or provide witness statements.
• Form SC-103, Fictitious Business Name. You will use this form if you are a business.

Once you have your forms completed, you will need to determine how much your filing fee is. This amount is based on the amount of your claim. Currently, this fee ranges from $30.00 to $75.00.

The next step would be to file your completed forms with the filing fee. Once processed, you will receive a court date (likely 20 – 70 days from your date of filing). You must mark this date on your calendar and plan to attend. This is your chance to get your case heard in front of the judge.

Finally, you need to serve the defendant or defendants in the case. For a fair hearing, all parties need to be aware of the date. And ideally, attend the hearing. Your attorney can discuss the process of serving these documents in more depth.

Small Claims: Attending Your Hearing

When the day arrives for your hearing, be ready for a crowded courtroom. Small claims cases do not occur like those courtroom documentaries you see on TV. In fact, many other people come to the same courtroom – at the same time – to get their cases heard, too. You have to be patient as the judge works his or her way through the docket.

When it is your turn, the judge will listen to both sides and take into consideration the evidence you have to support your claim (witness testimony, receipts, contracts, bills, photos, etc.)

Your judge may decide at the time of the hearing or it may be mailed to you at a later time if it needs to be researched a bit more.

Small Claims: Hiring an Attorney

It is just as important to have an attorney represent you in small claims court as it is in any other court. He or she can let you know your options, lead you through the process, and argue your case. Plus, if you aren’t happy with your verdict, your attorney can help you file an appeal!