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For the Plaintiff Determine the exact amount in dispute. (a) File a claim form and pay the filing fee (Form: Plaintiffs Claim and Order to Go to Small Claims Court, Form SC-100), and (b) if you are a business, file an Authorization to Appear form (SC-109) if appropriate.
To start a Small Claims suit, you need to file the Plaintiffs Claim and Order to Go to Small Claims Court (Form SC-100). You can get this form for free on the internet, at .
The 28 days start from when they receive the details of your claim. If you used Money Claims, the defendant has 19 days from the day the claim is made. If they need longer, they must tell the court. The most they can have is 33 days.
Go to your county clerks office and let them know youd like to file a small claim. The clerks office will give you paperwork to fill out with basic information for your case: your name (the plaintiff), the name of the person or business youre suing (the defendant) and the amount youre asking for.
There are three ways to serve process on (give a copy of the claim to) the defendant: Personal Service. A copy of the claim is delivered personally to the defendant by someone over the age of 18 who is not a party to the case. Certified Mail. Substitute Service.
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Certified mail by court clerk - The court clerk may serve the claim form on the defendant by certified mail and restricted delivery, and charge you a fee of $10 for each defendant. The court clerk receives a return receipt indicating that the person identified by you for service signed for the certified mail.
You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year.
Statutes of Limitation For example, in California, you have four years to make a claim on a written contract, and three years to file for property damage. The statute of limitations on oral contracts and personal injury is a little shorter. If you dont sue within two years, you cant.
Statutes of Limitation For example, in California, you have four years to make a claim on a written contract, and three years to file for property damage. The statute of limitations on oral contracts and personal injury is a little shorter. If you dont sue within two years, you cant.
Go to your county clerks office and let them know youd like to file a small claim. The clerks office will give you paperwork to fill out with basic information for your case: your name (the plaintiff), the name of the person or business youre suing (the defendant) and the amount youre asking for.

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