What is the process of submitting a complaint in a small claims court case?

Submitting a complaint in a small claims court case in California is a straightforward process. First, you must fill out the complaint form, called the “Statement of Claim” in California, available from the clerk’s office of the small claims court. You must include your name and address, the name and address of the defendant, and the amount of money you are requesting. Include the reasons why you are requesting that amount. After completing the form, you’ll need to file it with the small claims court. You’ll need to pay a fee and you’ll receive a court date. If you’re unable to attend the court session, you’ll need to provide the court with a proposed order. The proposed order must include all the information found in your Statement of Claim as well as any information relevant to the case. On the day of the court session, you’ll present your complaint to the judge. You’ll have the chance to explain your case and the defendant will have the opportunity to respond. The judge may ask questions of you or the defendant or both. After listening to both sides, the judge will make a decision about the case. The judge’s decision is legally binding and both parties are expected to follow the judge’s instructions. If you win your case, the defendant will be responsible for paying the amount of money requested, as well as any court costs. If the defendant fails to pay, you can use California’s judgment enforcement process to collect the money owed.

Related FAQs

Is there a limit on the amount of money I can collect in a small claims court case?
What is the process for collecting a judgment from the other party in small claims court?
Are there any rules prohibiting me from collecting a small claims court judgment outside of court?
What happens if I am unable to attend the small claims court hearing?
Are there any special rules or procedures I need to know when filing a claim in small claims court?
What evidence do I need to present in small claims court?
Can I take depositions in a small claims court case?
Are there any statutes of limitations on small claims court cases?
Can I represent a business in small claims court?
How do I collect a judgment from an individual who does not have assets?

What is the process of submitting a complaint in a small claims court case?

Related FAQs

Related Blog Posts