Copies of all small claims forms are available at the county's small claims services office.
Due in part to an overwhelmed judicial system, each county in California features a special court system for cases where only a relatively small amount of money is requested. These courts are called small claims courts and are part of the superior court system. To minimize the complexity of filing or responding in small claims court, the state produces fill-in-the-blank forms. Although filling out the forms is a fairly straightforward process, every county does have a small claims center where questions about the forms can be addressed.
Fee Waiver
California courts charge a filing fee for filing many documents. Although the filing fees for small claims cases are significantly less than those for cases filed in regular civil courts, low-income individuals can apply for a fee waiver. California's fee waiver form is designated by the form number FW-001. The form comes with directions on fill the form out and who qualifies. You must also file form FW-002. This form is signed by the judge to indicate that your fee waiver application (FW-001) has been accepted. If you are suing, you need to bring the waiver forms to the clerk when filing the lawsuit. If you are being sued, you need to bring the forms with you when you file your response.
The Complaint
The complaint is the paperwork that starts the lawsuit, and is therefore filed by the person suing. You must use a complaint form specific to small claims actions in California. The form is designated by the number SC-100. Because parties in small claims cases are not allowed to be represented by an attorney, the form avoids the use of legal language and is fairly straightforward to fill out.
Proof of Service
Once the lawsuit paperwork has been served on the other party, you must notify the court that the other party has been served so that the court knows that the other side has been given notice of the lawsuit and has the opportunity to respond. There are two different proof of service forms used by California in small claims cases. The first form is designated with the number SC-104. Someone filing in small claims court uses this form if a copy of the lawsuit paperwork was personally served on the other party. The second form, designated by the number SC-104A, is used if you had someone on behalf of the other party served and then mailed a second copy to the intended recipient. Once service is complete, you need to file the appropriate form with the court.
The Response
If you have been served with a small claims lawsuit and wish to contest the claims made in the lawsuit paperwork, you must fill out and file form number SC-120. As with the complaint form, the response avoids legal language and is straightforward to fill out.
Informational Forms
California produces some informational forms designed to educate litigants involved in a small claims case. Persons who want to file a lawsuit should read forms SC-100-INFO. Unfortunately, there is no comparable form for those who have already been served with lawsuit paperwork, but there is some useful information for both sides within this form. After the judge makes a decision, form SC-200-INFO provides guidance on what to do next.
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