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Find the Rules and Forms Website for Your Local Small Claims Court. See if a Pretrial Settlement Makes Sense. Answer the Plaintiffs Complaint. Remember You Dont Have the Burden of Proof. Consider a Counterclaim, if Appropriate. Use Discovery Well. Make a Legal Argument. Have Your Evidence Ready.
The small claims division of a district court has the power to hear civil cases in which a party (the plaintiff) is seeking a money amount up to $5,000.
In fact, many small claims cases are won simply because the other side didnt show up to court. The result of a successful small claims case is a judgmenta court order requiring the other party to pay you. Get a copy of the court clerks judgment and follow up by asking the other party to pay you.
Also, the petition and citation (the notice from the court to the defendant that they have been sued) must be served on (delivered to) the defendant. This can be done in person or by certified mail or registered mail, and if it is done by mail there must be a return receipt requested, with restricted delivery.
This study answers two fundamental questions about small claims courts: (1) Who usually wins? (2) Do victors collect their judgments? The rate of victory for plaintiffs who file claims and appear in court is eighty-five percent. Of winning plaintiffs, fifty-five percent never collect any part of their judgments.
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The timeline for small claims cases depends on several factors, including the filing process, serving the defendant, and scheduling a hearing. Generally, small claims cases in California take about two to six months from start to resolution.
The disadvantages of Small Claims Court Without lawyers and pretrial procedures, the Judge is completely unprepared for the factual and legal issues that might arise the parties have to hope that the Judge has some experience with such things.

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