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Filing Your Lawsuit Prepare Your Court Forms. Complaint: To start a limited civil lawsuit, the plaintiff (the person who starts the case) files several forms. File Your Papers in Court. Serve the Defendant. If the Defendant Does Not Answer, File for a Default.
Limited civil case A general civil case that involves an amount of money of $25,000 or less. Unlimited civil case A general civil case that involves an amount of money over $25,000.
Civil Case Cover Sheet (CM-010) Tells the court some basic information about a case being filed. Filed at the beginning of all civil cases except family law cases. Get form CM-010. Revised: September 1, 2021.
If you get a 3, 30, 60 or 90-day notice and dont take action, your landlord can file a lawsuit against you called an Unlawful Detainer. An Unlawful Detainer tells you that the landlord is suing to have you evicted. It names the landlord as the Plaintiff and you as the Defendant.
An Unlawful Detainer is a lawsuit that is filed with the civil court. The filing fee for an unlawful detainer varies from $250 to $400 depending on the amount of damages- hiring an attorney will cost $600 to $1,000 just to get started with a notice. Uncontested Unlawful Detainer usually takes 30 days.
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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
Information for Plaintiffs/Petitioners When you file a lawsuit, you will usually file a petition or a complaint. You also will almost always need a summons. And, in most civil cases, you will need a Civil Case Cover Sheet (Form CM-010).
Serving the Notice Personal Service - the notice is given to the person (s) to be evicted in person. Substitute Service - If the tenant is not at their normal home or work, you can leave a copy with a person over the age of 18. You must then also mail a copy to their home. mail a copy to the defendant at the property.
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord cant evict you and tell your side of the story at a court trial.
Note: Your courts self-help center may be able to help you. Fill out your court forms. File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)

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