How to Sue in California Small Claims Court

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In this video, we provide you a step-by-step guide on how to sue in California small claims.
Remember, we can help you prepare each step of the small claims process! Go to our website www.peopleclerk.com to get started.
Here is a summary:
1. Demand Payment (ask the other party to pay you back or return your property before you sue).
2. Determine in which county & court you will sue in (you can sue where the person you are suing lives or where the business is located).
3. Determine who you are going to sue (who is responsible for the money owed to you?).
4. Prepare and file the SC-100 Plaintiff's Claim and Order to Go to Small Claims Court (make sure you bring enough copies with you to the court and you follow county-specific instructions). Here is a video on how to do this: • How to prepare a small...
5. Serve the person you sued (the act of notifying the person you sued about the lawsuit).
6. File the proof of service with the court (this is the documents that the person who served the lawsuit completes and you file it with the court).
7. Prepare for the small claims hearing! (here is a video where we cover how to prepare your evidence: • The Importance of Evid... )
8. Go to your small claims hearing (don't forget to set multiple reminders so you don't forget!).

Опубликовано:

3 авг 2024

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Комментарии : 64

@phxsisko 3 месяца назад

Thank you, whoever you are

@PeopleClerk Месяц назад

Thank you for watching! - Camila

@settlesharkllc1167 2 года назад

Great content!

@PeopleClerk 2 года назад

Thank you, SettleShark!

@teddysurf 2 года назад

First I want to thank you for not only putting out this information but also answering questions that people have posted. I just had a quick question, if I was to sue a large company like Alibaba in small claims court that has an office in Sunnyvale California would I need to file the suit in the county that Sunnyvale is in? What if a large company didn’t have an office in California would you not be able to then sue them in small claims court?

@PeopleClerk 2 года назад

Hi there! You are very welcome! You will want to reference question 5 on the SC-100 form to see if your case fits one of the options listed. www.peopleclerk.com/forms/sc-100-california-small-claims

@quony1 Год назад

Thank you for taking the time to inform us about small business claims. I want to sue a small business. The business is in the same county as me, but the city is different. Should I go to the courts in there city or can I use my city court? Also, I couldn't find the companies name when I searched on the Secretary of state website. I looked on the fine print on my receipt, and on their website to see if they had their legal name listed. Couldn't find that either.

@PeopleClerk Год назад

Hi La Quon, you are welcome! The business may be doing business using a dba, also known as a "fictitious business name." Businesses normally register dba/ fictitious business name in the county where they have an address.

@b5rider Год назад

Hi, thanks for the useful content. I have a quick question: Does an email suffice for demand of payment?

@PeopleClerk Год назад

Hi there, here is what the SC-100 states: "You must ask the defendant (in person, in writing, or by phone) to pay you before you sue."

@michaelmorales4595 Год назад

Hi, thank you for all the information provided. I live in California and am now considering suing a business located in New Jersey, how would this work? I mean, would I have to go and file a claim in a court in New Jersey? Thank you.

@PeopleClerk Год назад

Hi Michael, we would be able to assist you with California small claims if the other party is registered with the California Secretary of State: www.peopleclerk.com/

@justwingingit1 Год назад

Hello, I have a question regarding an insurance company refusing to pay for the full value of aftermarket parts and labor costs to reinstall said parts after their client rear ended/totaled my vehicle. These parts were installed approximately 2-3 months prior to the accident yet the offer for the 3000.00 fuel system was 1200.00. Do I need to list the Insurance company, the company that they are representing and the responsible company driver in the small claims court filing? Thanks in advance!

@PeopleClerk Год назад

Hi Martin, sorry to hear you were in a car accident. Learn more here about car accident cases: www.peopleclerk.com/post/car-accidents-small-claims

@FeonaLeeJones 2 года назад

What form would I use for someone that caused bodily harm? I’d be suing them for medical bills plus emotional distress.

@PeopleClerk 2 года назад

Hi there! If you are filing your lawsuit in California, you would start with the SC-100 form.

@FeonaLeeJones 2 года назад

@@PeopleClerk if I want to sue for over $10k would I need to hire a lawyer?

@YuHsinShih Год назад

How do I choose court if the business and I lives in different but neighboring counties? Can I choose the court in my county, where I suffered from both monetary and medical damages due to their illegitimate debt collection harassment?

@PeopleClerk Год назад

Hi Yu-Hsin, it depends on the type of case you have but our intake will help you decide where to sue: www.peopleclerk.com/

@garagedoor81 2 года назад

do the preperation paperwork need to be given to the clerk before court?

@PeopleClerk 2 года назад

Hi there! To file your lawsuit you need to submit it to the court clerk for processing. Once the court has processed your documents, you will receive a case number and a hearing date.

@KINGRG1 Год назад

Do small claims courts ask you to go through a “pre-trial” type mediation before going in front of a judge like they do in civil courts?

@PeopleClerk Год назад

Hi King RG, yes some small claims court have mediation available before the hearing. Mediation is optional but we do recommend it! Learn more about mediation here: www.peopleclerk.com/post/small-claims-mediation-in-california

@tommason5689 Год назад

I just filed one online in San Joaquin county Superior court and got a case number but they did not give me a court date. Can I start serving the other party now or do I have to wait for a court date to be issued by the court first? How long does it take usually to get a court date after case number is assigned? Thanks in advance for your reply!

@PeopleClerk Год назад

You should follow up with the court clerk as soon as possible. Normally you need to wait until you have a hearing date to serve the other party (otherwise, you may have to serve your lawsuit again). If you need help preparing for the hearing, check out our evidence packet tool: www.peopleclerk.com/

@hongsung7561 2 года назад

Hello, I purchased a car from someone on Craigslist. (I took the screenshot) He said that his car is in excellent condition and there is no mechanical issue. He said he lost a smog paper, but it's in the DMV system. Well. I did not pass the smog and he didn't do his smog either. He was lying to me. Now, there is a problem with the engine and transmission. The mechanic said that he needs between 600- 3000. So I would like to sue this guy and get some money to fix the car. Can you tell me if I miss anything? I know my writing is not perfect... However, thank you so much for your time and advice.

@PeopleClerk 2 года назад

Hi Vincent, it will be up to the judge to decide! Our intake will help you go through this question: portal.peopleclerk.com/pricing

@ignasaputra Год назад

Hi! I have some aftermarket mods on my car, and there was this recall for specific part of my car that would alter the aftermarket part. The service center told me that they will proceed with the recall and said that they won’t put the aftermarket back and i said it’s fine as long as it still can do its job. It turned out that 1 part of the aftermarket is missing and to get the missing part, i need to purchase the whole kit since it’s not sold individually. They’ve been offering to cover only that missing part cost ($300) but to get everything back working, i need to purchase the whole kit which will cost me $975 We’ve been emailing back and forth and haven’t found any agreements Do you think i can proceed with this small claims court?

@PeopleClerk Год назад

Hi Ignatius, the maximum you can sue for in California small claims is $10,000. If you are asking about whether you have a good case or whether you could win, this is something you would need to determine based on what happened (ultimately, it will be up to the judge to decide). If you have any doubts about whether you have a winning case, you would need to speak to an attorney to provide you legal advice as they can analyze your specific situation.

@robertdowney9482 Год назад

Hi I would like to know if it's my obligation to the plaintiff to give copies of picture, receipt, to the dependant before hearing starts

@PeopleClerk Год назад

Hi Robert, in general, you have to exchange any evidence you would like to show to the judge with the other party. Each court has a different procedure for when in the process you do this. For example, Los Angeles small claims require you to exchange evidence with the other party before the hearing day. Other courts, you exchange evidence at the hearing before you speak with the judge.

@ericavergara3345 2 года назад

Does demanding payment have to be verbal or can it be through an email/text ? I have called multiple times and they do not answer

@PeopleClerk 2 года назад

Hi Erica, in California demanding payment can be by text, email, call, etc. If you would like to send them a demand letter here is how: www.peopleclerk.com/post/demand-letter

@kevindunlap130 2 года назад

hi, I just wanted to ask, can i sue an individual who was drunk, smashed into and totaled my car that was parked infront of my house. The driver didnt have insurance, proceeded to walk away from the scene but was caught and charged with hit and run and dui. i pay 6 months advanced for my policy which had concluded 2 days prior and i was switching carriers for a new policy for a better rate so at the time i didnt have insurance either. Do i have any options. I had paid 15 grand on the car and still owed another 14 grand to the finance company. Any help or words of advice would be very welcomed

@PeopleClerk 2 года назад

Hi Kevin, you can sue for up to $10,000 in California small claims! Property damage cases are very common in small claims. Here is a guide: www.peopleclerk.com/post/car-accidents-small-claims

@flipz3575 Год назад

Hi, for me to file small claims. How much would this service normally cost me out of pocket? thanks

@PeopleClerk Год назад

Hi there! You can review our pricing here: www.peopleclerk.com/plans

@N0bull Год назад

Are there any fees due for filing a small claims lawsuit? Thanks

@PeopleClerk Год назад

Hi there! Yes, but those fees can be waived if you are low income (learn more here about fee waivers www.peopleclerk.com/post/california-fw-001). Filing fees are between $30-$75 and then there are serving fees which range from $0- $125 depending on where the other party is located and who is doing the serving- learn more here: www.peopleclerk.com/post/how-to-file-a-small-claims-lawsuit

@johngatlin9961 2 года назад

I need to sue chase for for a paying merchant that i proved i had cancelled a contract with they refuse to send proof they sent money to the merchant,the merchant says they wont pay us back if we cant prove they were paid we have already paid chase for the charge i need to know what i can do now

@PeopleClerk 2 года назад

Hi John, thanks for reaching out! If you need assistance filing a small claims lawsuit, check out our website here: www.peopleclerk.com/

@blowc1612 Год назад

I'm planning to sue my previous landlord here in San Diego County, National City. My Landlord had put in a room with no windows because she was buying a new trailer for me to live in since the previous one was taken by the previous owner. Then when she bought it and asked me to move she refuse to get it leveled and I had to insist and even then it was never properly leveled but I didn't because I wanted to leave the small room with no windows in the middle of the California heat wave, I figured Ill get it fixed later. Then a coiple of days later, the water was smelling bad and was unusable. I told her about it and about a week later she decides to give me 30 day notice and had to lived for weeks without water looking for a new resident. I feel I have been living for 3 months in an unhabitable dwelling due to her. Also she is refusing to give me my deposit. I was wondering is there anything else I should know before I file for small claims?

@PeopleClerk Год назад

Hi there, I am sorry to hear you are having problems with your landlord. Learn more about San Diego small claims: www.peopleclerk.com/post/san-diego-county-small-claims

@alipiojerome Год назад

Hi I live in the bay area and the person lives in los angeles, where do I file small claims court?

@PeopleClerk Год назад

Hi Jerome, in general, you can always sue someone where they live. You may be able to sue someone in another court, but it will depend on the type of case you have.

@Epres144 Год назад

Can you serve someone via certified mail?

@PeopleClerk Год назад

In only certain California counties are you able to do this via the court clerk. Serving by certified mail isn't recommended as it doesn't always work.

@Epres144 Год назад

What if I’m suing a credit card company or bank?

@PeopleClerk Год назад

Make sure to look up who their agent for service of process is. We can assist you with this. Learn more about how to sue a company here: www.peopleclerk.com/post/how-to-sue-a-company-in-a-california-small-claims-court

@DJ_Orakle Год назад

Is there a Statue of Limitation.??

@PeopleClerk Год назад

Hi Arte! Yes, statute of limitations apply in small claims. Learn more: www.peopleclerk.com/post/statute-of-limitations

@jimroam6050 2 года назад

What happens if the driver is a minor. Do I sue the minor or their guardian?

@PeopleClerk 2 года назад

Hi there! We currently don't handle cases against minors. Make sure to reach out to your local small claims advisor.

@talmaliky Год назад

How can I find someone for serve?

@PeopleClerk Год назад

Hi Tayseer, if you file your lawsuit using People Clerk, we find a process server for you.

@wendyvids93 2 года назад

How can I demand payment through text ?

@PeopleClerk 2 года назад

Hi Wendy, yes! But if you would like to send the other party a demand letter, learn more here: www.peopleclerk.com/post/demand-letter

@BruceBanner 2 года назад

my co-worker owes me $100. Is that enough to sue?

@PeopleClerk 2 года назад

Hi Bruce, it is up to you to decide as you have to weigh your costs v. benefits. Sometimes it isn't just about the $100 but the principle.

@apolinarponce4506 2 года назад

Is it worth sueing someone for $200

@PeopleClerk 2 года назад

Hi Apolinar, this is up to you to decide as you have to weigh your costs v. benefits. Sometimes it isn't just about the $200 but the principle.

@apolinarponce4506 2 года назад

@@PeopleClerk so true people want to get away with anything

@myungwoods4031 Год назад

How do I contact you to represent me in small claim telephone number please

@PeopleClerk Год назад

Hi Myung, we can't represent you in small claims court :( We give you the tools to represent yourself. Email us at help@peopleclerk.com and we will send you a link to our calendaring system so you can schedule a call. www.peopleclerk.com/