Suing Someone in Small Claims Court
Small claims court provides a fast and inexpensive process under which individuals can settle disputes. Here’s how to sue in small claims court in California.
Small claims court cases differ from other courts in that while an individual may contact a lawyer for advice, plaintiffs and defendants defend themselves without an attorney present. Businesses and individuals may choose to sue in small claims court and must sue in the right court and location for their claim to be valid.
Who Can File a Claim in Small Claims Court?
An individual must be an adult to file a claim (18 years or older), and only the original owner of the claim may sue. Before suing, a plaintiff must first make a demand requesting what the plaintiff is owed. If the defendant refuses to pay a plaintiff what they claim they are owed, then the plaintiff may continue their suit. Both plaintiffs and defendants are expected to be present at the hearings.
Businesses, or other entities that do not constitute the court’s definition of a natural person do not need to appear in person at court. When a corporation sues in small claims court, a director, officer, or employee must represent the corporation in court.
Where to File a Small Claims Court Claim
If an individual does not file their claim in the correct court and location, the court can dismiss the claim. The only instance in which a claim that was filed incorrectly may still be heard is when the defendant appears at the hearing and asks the court for the claims to be heard.
A plaintiff should file their small claim at the court that corresponds to:
- where the defendant lives
- where the business is located;
- where the accident or damage occurred;
- where the contract was signed (or broken if a corporation is the defendant)
- where the buyer lives (if it was a retail installment account, sales contract, or a motor vehicle finance sale)
- where the buyer lived when they entered or signed the contract; or where they kept the goods or vehicle.
Process of Suing in Small Claims Court
A plaintiff may proceed with their lawsuit in small claims court after establishing grounds to sue and where to file their claim. A plaintiff should expect the following process when filing a lawsuit in small claims court:
- Make a demand
- Fill out the forms
- An individual must provide the defendant’s exact legal name.
- An individual should include the injuries they sustained, along with the damages they are seeking. If the plaintiff is a business or public entity, they cannot ask for more than $5,000 and if a natural person, for more than $10,000.
- If an individual is suing a government agency, they must first file a claim with the agency. A plaintiff cannot proceed with a lawsuit until they have filed a claim with the agency and if a claim was denied, an individual needs to provide proof of the denial to the court.
- Have the forms reviewed
- An individual should ask a small claims advisor to review the forms before filing their claim and beginning their lawsuit.
- File the claim
- A fee must be paid when filing, but an individual may be eligible for a fee waiver
- Make copies of the forms when filing the claim.
- Service of Process
- A defendant must be informed about the lawsuit by an individual that is not the plaintiff. The plaintiff can ask a law officer or a process server to serve the defendant and will be subject to a fee.
- If an individual wishes to avoid paying a fee, they can ask a relative or friend who is not involved in the case to serve the defendant the papers.
- Defendant’s claim (if applicable)
- A defendant can choose to sue the plaintiff
- The claim cannot be for more than $5,000
- If the defendant is a natural person, the claim cannot be for more than $10,000
- Provide Evidence
- Contracts
- Police reports
- Bills
- Estimates
- Photographs
- Court decision
- The court will decide whether to rule with or against the plaintiff
- A defendant can appeal a judge’s decision on the claim— a plaintiff cannot. A plaintiff may only appeal a defendant’s claim.
Statute of Limitations for Small Claims Court
If a person is filing a lawsuit for a personal injury, they have two years from the date of the injury to file their claim or one year from the date that the injury was discovered. Lawsuits involving a breach of a written contract must be filed up to four years from the day the contract was broken, or two years from the date of an oral contract. An individual has three years from the date damages occurred if they are filing for property damages.
An individual has up to six months to file a claim against a government agency. The agency then has forty-five days to respond; if the claim is denied, an individual has six months from the date of the denial to file their lawsuit. If no denial was sent, an individual has two years from the date the incident occurred.
Related: Civil vs. Criminal Law: The Difference
FAQS
Can I get legal help in a small claims court lawsuit?
You can get legal aid outside of small claims court, but cannot have legal representation while in court.
What happens if I win a lawsuit in small claims court?
If a court rules in your favor, the judge will calculate damages to be awarded. However, it is your responsibility to collect the awarded damages; if the defendant does not have the means to pay you, receiving the damages you’re entitled to may be difficult.
What if I was sued in a small claims court and I want to countersue for more money?
Small claims courts have a limit on how much money an individual can sue for. If a defendant wishes to countersue for a price that exceeds the limit ($5,000 for a business/public entity and $10,000 for a natural person), the case can be transferred to a different court that allows for higher monetary compensation.
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If you need to sue in a small claims court, one of our lawyers can help. We’ll get you in touch with the most qualified attorney for your unique legal matter.