Quick guide to Small Claims.

Small Claims Court is a special court where disputes are solved quickly, inexpensively, and usually without attorneys being present. In Small Claims Court you may also be able to order a "defendant" to do something, as long as a claim for money is also part of the lawsuit. Generally, before you can sue in Small Claims Court, you must first contact the defendant, and make a "demand". You must ask for the money, property, or other relief that you intend to ask the judge to award you in court. In California, you can sue for up to $10,000 in a small claims action, but you can file only two cases over $2,500 per year, and lower limits exist for cases filed against guarantors (someone who guarantees payment of a debt for another).

How to calculate your monetary request?

Before filing your claim, think carefully about how much money you want to request. The judge will ask you to prove why you're entitled to the amount that you are requesting. This means that you can only receive a judgment for an amount you can prove. You can prove your claim by almost any kind of evidence, such as a written contract, warranty, receipt, canceled check, letter, professional estimate of damages, photographs, drawings, your own statements, and the statements of witnesses who come to court with you.

Statute of Limitations.

Just as a normal lawsuit, most claims must be filed within a set time limit, called a statute of limitations. The purpose of these statutes of limitations is to prevent the filing of cases that are too old. As a general rule, the case should be filed as soon as reasonably possible. Statutes of limitations are generally not less than one year, but there are some exceptions. If the claim isn't filed within the time set by the statute of limitations, the judge may be required to dismiss the claim, unless there is a good legal justification for extending the time.

The court hearing.

Once you have filed your claim, the defendant must be served It must be done before your case can be heard, and it must be done by someone other than you. Remember it is your responsibility to make sure that each defendant is properly notified about the lawsuit. Make sure you are fully prepared for your court hearing with all your facts and witnesses ready. On the day of the hearing, the courtroom procedures are explained either by the judge or some other court officer. Many courts now use videotapes to explain these procedures. The court will then call roll to see which plaintiffs and defendants are present for their hearings. Listen carefully so that you’ll know what to do. Usually, you’ll be given only a few minutes to explain your side of the dispute and answer questions, so make sure to present your most important points first. Furthermore, since California law requires that any award of money be “reasonable” in amount, the judge will want to know exactly how the plaintiff decided on the amount claimed. A plaintiff must be ready to show how this figure was determined. If interest is also claimed, the plaintiff should be prepared to show exactly how it was calculated.

The judgment.

After listening to the parties who appear at the hearing, the judge will make a decision and issue a judgment. If the defendant doesn't show up to the hearing, the judge will consider the plaintiff's evidence and decide the case. if the plaintiff does not show up to the hearing, the judge may reschedule the case, dismiss the case, or if the defendant appears-enter a judgment against the plaintiff after considering the defendant's evidence. If a judgment is entered against a non-appearing party, the non-appearing party can ask the court to set aside or vacate the judgment. Remember, only the person against whom a claim is made may appeal a small claims court judgment. For example, the party who files a claim in small claims court (the plaintiff) can't appeal the judge's decision on that claim. For that party, the court's judgment is final. Similarly, if the defendant files a claim against the plaintiff, the defendant may not appeal the court's ruling on the defendant's claim. Only the plaintiff can appeal a decision on a claim filed by the defendant.