California small claims court resolves any money claim issues up to $7,500 for an individual or $5,000 for a company.
You can go to court without legal assistance in California if you follow the rules and procedures for small claims court. California small claims court judges will resolve any money claim up to $7,500 for an individual or $5,000 for a company, including rent deposit questions, debts and accident claims. By following the court-mandated steps, you can get a matter judicially resolved inexpensively and quickly.
Who Can Sue
Any individual over the age of 18 seeking monetary damages can file in small claims court as long as the amount claimed falls within the court jurisdiction. You cannot claim more than $7,500, and if you file more than two cases in a year, lower limits apply. The filing fee depends on the amount of your claim, ranging from $30 to $100.
Where to Sue
Every county in California has a small claims court. You need to figure out which court is appropriate. Generally, you can bring an action in the county where the defendant lives now or where she lived when she entered into a contract with you. You can also bring suit in the county where the contract was made or broken, or where the debt was entered into. You may have your choice of several counties. Choose the one most convenient for you.
Sue
Fill out a California small claims court complaint in one of those counties. The California Court website has a fillable form. Enter your name and address, the name and address of the person or business you are suing, and tell the court why you are claiming money. File the complaint with the court and pay the filing fee. The court will give you a copy of the papers with the hearing date and place filled in, as well as a date by which you must serve the defendant. Ask someone over the age of 18 to hand a copy of the papers to the defendant. That person signs a form telling the court where and when he served the papers.
Present Your Case
Prepare for the hearing by gathering evidence of your claim and witnesses who can testify for you. On the day of the hearing, present your case to the judge. The other side then presents their side of the story and the court makes its ruling. If you win, the other side has the right to appeal the judgment to the municipal court.
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