If someone owes you a relatively small amount of money and they aren’t paying, small claims court is a great option. It’s not as complicated as going to trial but is still an effective way to get paid. Rule and procedures for small claims courts vary form state to state. Here is how to file a claim in small claims court in California.
Understand the Rules and Limitations
In California, individuals can sue for up to $10,000, while corporations can sue for up to $5,000. Additionally, you can’t file two claims of more than $2,500 each in a calendar year. There are time limits, as well. You have four years to file a claim on a written contract, 3 years for property damage, and even less time for personal injuries.
File and Serve the Paperwork
You’ll need to go to your county clerk’s office to file a claim. They will give you the initial papers to fill out. You’ll need the correct names and addresses for everyone involved, as well as the amount you’re asking for. Fees to file are around $80. Once you’ve filed, you’ll have to let the defendant know that they’re being sued in a small claims court. You can have a process server deliver the papers.
Going to Court
Before you go to court, you will have to attend a hearing to try to settle the case outside of court. You can only have documents, no witnesses. If you do end up going to court, you can bring witnesses, but it may cost an additional fee, and you will need to deliver a subpoena. Both sides will be able to speak and present in front of a judge. The defendant can appeal the judge’s decision, but that process is more formal and usually requires both parties to hire attorneys.