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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.
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.
Plaintiff can NOT appeal the courts decision. Either side CAN appeal the courts decision. Cannot sue more than twice in one calendar year for over $2,500. No limit on the number of lawsuits or amount you sue for.
All told, getting to trial in California usually takes up to a year, and in exceptional cases, several years, while an appeal tacks on another 1-2 years. According to the U.S. Bureau of Justice Statisticss 2005 national survey, the median length of time across the country is 22 months from complaint to trial.
In most cases, the statute of limitations to bring a personal injury claim in California is two (2) years from the date the injury occurred. If you fail to bring a claim within this time window, you lose your legal right to bring a lawsuit altogether.
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Filing Fees Claims for $1,500.00 or less$30.00Claims from $1,500.01 to $5,000.00$50.00Claims from $5,000.01 to $10,000.00$75.00Persons or Business who have filed more than 12 claims in CA in the previous 12 mos.$100.00Service of Documents by Certified Mail$15.00 (per defendant) [Fee waiver does not cover]6 more rows
Some settle within 3 months while others can take several years. In some cases, a settlement is not achieved and a personal injury lawsuit goes to trial.
Initial Filing Fees Filing TypeCostClaims of not more than $1,000 filed simultaneously with replevin of property that is subject of claim$130Small claims less than $100$55Small claims of $100, up to $500$80Small claims more than $500, up to $2,500$1751 more row
In the civil context, court costs are normally awarded to the prevailing party, meaning that the losing party must cover them. Rule 54(d)(1) of the Federal Rules of Civil Procedure allows exceptions to this general rule via statute or court order.
$3,300 per household, $429B nationwide, study says.

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