000 California How to Small Claims & Appeal

8/11/2019 000 California How to Small Claims & Appeal

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2014 2011

http://www.courts.ca.gov/selfhelp-smallclaims.htm

Small ClaimsGetting Started Small Claims

asics More Small Claims Resources

Suing Someone

Steps to Filing a Small Claims Case

Change Your Claim or Court DatePlaintiff's Post-Trial Checklist

eing Sued

Options When You re Sue!"o# to Sue the Person Suing YouChange Your Court Date$acate a Default %u!gment

ppeal Your Small Claims %u!gmentDefen!ant&s Post-Trial Checklist

!esearch "our Case

#ediation

Going to Court

Your TrialSu poena a WitnessPlaintiff&s Post-Trial ChecklistDefen!ant&s Post-Trial Checklist

Collect "our $udgment

Tips for Collecting Your %u!gmentSpecial Rules for Small Claims %u!gmentsWa(s to Collect From the De tor Rene# Your %u!gment
http://www.courts.ca.gov/selfhelp-smallclaims.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-start.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-smallclaims.htmhttp://var/www/apps/conversion/tmp/scratch_2/1256.htmhttp://var/www/apps/conversion/tmp/scratch_2/1256.htmhttp://www.courts.ca.gov/8454.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htmhttp://www.courts.ca.gov/1008.htmhttp://www.courts.ca.gov/1387.htmhttp://www.courts.ca.gov/1111.htmhttp://var/www/apps/conversion/tmp/scratch_2/1010.htmhttp://www.courts.ca.gov/1112.htmhttp://www.courts.ca.gov/1113.htmhttp://www.courts.ca.gov/1114.htmhttp://www.courts.ca.gov/12726.htmhttp://www.courts.ca.gov/1115.htmhttp://www.courts.ca.gov/1116.htmhttp://var/www/apps/conversion/tmp/scratch_2/1012.htmhttp://var/www/apps/conversion/tmp/scratch_2/1012.htmhttp://var/www/apps/conversion/tmp/scratch_2/1011.htmhttp://var/www/apps/conversion/tmp/scratch_2/1011.htmhttp://var/www/apps/conversion/tmp/scratch_2/1013.htmhttp://www.courts.ca.gov/1119.htmhttp://www.courts.ca.gov/11162.htmhttp://www.courts.ca.gov/1120.htmhttp://www.courts.ca.gov/8423.htmhttp://var/www/apps/conversion/tmp/scratch_2/1014.htmhttp://www.courts.ca.gov/1178.htmhttp://www.courts.ca.gov/11177.htmhttp://www.courts.ca.gov/1179.htmhttp://www.courts.ca.gov/1180.htmhttp://www.courts.ca.gov/selfhelp-smallclaims.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-start.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-smallclaims.htmhttp://var/www/apps/conversion/tmp/scratch_2/1256.htmhttp://www.courts.ca.gov/8454.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htmhttp://www.courts.ca.gov/1008.htmhttp://www.courts.ca.gov/1387.htmhttp://www.courts.ca.gov/1111.htmhttp://var/www/apps/conversion/tmp/scratch_2/1010.htmhttp://www.courts.ca.gov/1112.htmhttp://www.courts.ca.gov/1113.htmhttp://www.courts.ca.gov/1114.htmhttp://www.courts.ca.gov/12726.htmhttp://www.courts.ca.gov/1115.htmhttp://www.courts.ca.gov/1116.htmhttp://var/www/apps/conversion/tmp/scratch_2/1012.htmhttp://var/www/apps/conversion/tmp/scratch_2/1011.htmhttp://var/www/apps/conversion/tmp/scratch_2/1013.htmhttp://www.courts.ca.gov/1119.htmhttp://www.courts.ca.gov/11162.htmhttp://www.courts.ca.gov/1120.htmhttp://www.courts.ca.gov/8423.htmhttp://var/www/apps/conversion/tmp/scratch_2/1014.htmhttp://www.courts.ca.gov/1178.htmhttp://www.courts.ca.gov/11177.htmhttp://www.courts.ca.gov/1179.htmhttp://www.courts.ca.gov/1180.htm


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Collection Pro lems an! Special Situations fter the %u!gment )s Pai!

%a& "our $udgment

Pa( the %u!gment $oluntaril(Pa( in )nstallments)f You Do *ot Pa( Your %u!gment

fter You Pa( the %u!gment

'ppeals

(orms

(')s

Quick LinksSmall Claims 'dvisors

*ept. of Consumer 'ffairs /11+2,.htm - in ing and hird

's the aw i rarian /11+2,.htm - in ing and hird

earn a out going to small claims court using instructions and guides to help &ou with&our case. 'lso learn a out tr&ing to resolve &our dispute out of court and get answers tofre3uentl& as ed 3uestions.

Basics!eview general information a out small claims court and cases. 'nd figure out if smallclaims is right for &our situation using helpful resources.

Small Claims Cases

Suing Someone

Being Sued

Mediation

Going to Court

Research Your Case!esearch the t&pe of case &ou have so &ou can e etter prepared when &ou go to court.
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Collect Your Judgmentearn how to collect the udgment if &ou win using tools and instructions on how to

wor with the other side to get paid.

Pay the Judgment(ind wa&s to pa& &our udgment if &ou lost &our small claims case including wor ing out

pa&ment arrangements and pa&ment plans.Appeal the Small Claims Judgment

his section gives &ou information on if and how to appeal the small claims udgment.

Getting elp!

Small Claims 'dvisors

Count&-Specific Court 5nformation

California *epartment of Consumer 'ffairs /11+2,.htm - in ing and hird


Quick LinksSmall Claims 'dvisors

*ept. of Consumer 'ffairs /11+2,.htm - in ing and hird


http://www.courts.ca.gov/12+6.htm

Basics"rror# yperlink re$erence not %alid& 7spa8ol

Small claims court is a special court where disputes are resolved 3uic l& andine9pensivel&. he rules are simple and informal. he person who sues is called the

plaintiff. he person who is sued is called the defendant. "ou are not allowed to have alaw&er represent &ou at the hearing in small claims court. ut &ou can tal to a law&er

efore or after court.

"ou can sue in small claims court if &ou are:

't least 1 &ears old ;!

'n emancipated child.

5f &ou are not mentall& competent or &ou are under 1 &ears old guardian ad litem> to represent &ou in small claims court. 'guardian ad litem is an adult appointed & the court to represent &ou ;? " in the case in3uestion.
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"rror# yperlink re$erence not %alid& "rror# yperlink re$erence not %alid&

@ow #uch Can "ou Sue for in Small Claims CourtA

5n general a natural person


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5f &ou are suing ecause &ou got hurt &ou can file a claim for up to 2 &ears after &ouwere hurt.

5f &ou are suing ecause a spoken agreement was ro en &ou have 2 &ears to fileafter the agreement was ro en.

5f &ou are suing ecause a )ritten agreement was ro en &ou have 4 &ears to fileafter the agreement was ro en.

5f &ou are suing ecause &our property )as damaged &ou have E &ears to file after&our propert& was damaged.

5f &ou are suing ecause of $raud &ou have E &ears to file after &ou find out a out thefraud. (raud is when &ou lose mone& ecause someone lied to &ou or tric ed &ouon purpose.

5f &ou are suing a go%ernment or pu*lic agency &ou usuall& have 6 months to file aclaim with that agenc&. he& have 4+ da&s to ma e a decision. 5f no decision ismade with 4+ da&s then the claim is considered denied. 5f the& re ect &our claim&ou have 6 months to file a claim with a small claims court. 5f &ou do not receivea re ection or acceptance of &our claim in those 4+ da&s &ou ma& have more timeto file &our claim ut to e safe act within the 6 months or tal to a law&er tofind out for sure how much time &ou have to file &our lawsuit. (ind out morea out suing a government agenc& .

5t is not eas& to figure out if it is too late to file


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"ou ma& not have to go to court if: or
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570http://11529.htm/#Linking_and_Thirdhttp://documents/sc109.pdfhttp://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570http://11529.htm/#Linking_and_Thirdhttp://documents/sc109.pdf


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> udge pro tempore>= is someone who has een a law&er for at least 10 &ears and isspeciall& trained to hear and decide small claims cases. 5f &ou do not want a temporar&

udge &ou can as the court to have a udge hear &our case. "ou ma& have to come acanother da&. (ind out how to get read& for court .

5f the person eing sued does not show up for the hearing the plaintiff still needs to provehis or her case. 5f the defendant can show a good reason for missing the court date suchas a medical emergenc& the defendant ma& e a le to get the udgment canceled and anew trial date set. !ead a out vacating a udgment to learn how &

'ppealing a Small Claims Court *ecision

"ou cannot appeal if &ou were the person who filed the claim. 5f someone else files aclaim against &ou and &ou lose &ou can appeal. his means that if &ou are the plaintiffsuing a defendant and &ou lose &ou cannot appeal the courtIs decision. ut if thedefendant filed a defendantJs claim against &ou


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.n$ormation and pamphlets a*out small claims court /11+2,.htm - in ing and hirdhis we page created & the San #ateo Count& small claims legal advisor provides

information and pamphlets that can help &ou with &our small claims case.

Cali$ornia Bureau o$ Automoti%e Repair /11+2,.htm - in ing and hirdFe site of the ureau of 'utomotive !epair < '!= a part of the California *epartmentof Consumer 'ffairs.Cali$ornia /epartment o$ Consumer A$$airs 0/CA1 Small Claims CourtGuide /11+2,.htm - in ing and hird

his *C' guide gives &ou detailed information to help &ou understand the small claimscourt process.

he *C' we site also has pu lications to help &ou in these areas:

'ccounting /11+2,.htm - in ing and hird 'utomo iles /11+2,.htm - in ing and hird

an ruptc&/11+2,.htm - in ing and hird ar ering and Cosmetolog& /11+2,.htm - in ing and hird

Cemeter&/(uneral /11+2,.htm - in ing and hird Construction and @ome 5mprovement /11+2,.htm - in ing and hird Contracts /11+2,.htm - in ing and hird Credit /11+2,.htm - in ing and hird *ental /11+2,.htm - in ing and hird 7lectronic and 'ppliance !epair /11+2,.htm - in ing and hird 7ngineering/Geolog& /11+2,.htm - in ing and hird General /11+2,.htm - in ing and hird @ealth/11+2,.htm - in ing and hird @earing/Speech /11+2,.htm - in ing and hird @iring State- icensed 5ndividuals and usinesses /11+2,.htm -

in ing and hird @ome (urnishings /11+2,.htm - in ing and hird 5dentit& heft/11+2,.htm - in ing and hird

andlord /11+2,.htm - in ing and hird #edical oard /11+2,.htm - in ing and hird

?atural *isasters /11+2,.htm - in ing and hird %est Control /11+2,.htm - in ing and hird %harmac&/11+2,.htm - in ing and hird %h&sician 'ssistant /11+2,.htm - in ing and hird %odiatric #edicine /11+2,.htm - in ing and hird %rivac&/11+2,.htm - in ing and hird

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Keterinar& #edical oard /11+2,.htm - in ing and hird

Cali$ornia /epartment o$ .ndustrial Relations2 /i%ision o$ La*or Standards"n$orcement /11+2,.htm - in ing and hird

his site offers help with wage disputes discrimination complaints enforcement ofCaliforniaJs la or laws and 5ndustrial Felfare Commission orders and more.

Cali$ornia /epartment o$ .nsurance 0C/.1 /11+2,.htm - in ing and hird he C*5 site is designed to help consumers aid in the licensing of insurance agents or

ro ers and provide information on the laws that regulate the insurance industr&.

Cali$ornia State Sheri$$3s Association /11+2,.htm - in ing and hird his we site can help &ou find &our count&Js sheriff.

Contractors State License Board 0CSLB1 4 +iling ConstructionComplaints /11+2,.htm - in ing and hird

he CS ma& e a le to help &ou if &ou have a complaint against a licensed contractor.

/epartment o$ Motor 5ehicles 0/M51 /11+2,.htm - in ing and hird he *#K can help &ou file a complaint against a car dealer.

/istrict Attorney /11+2,.htm - in ing and hird he district attorne&Js office in &our count& ma& e a le to help &ou with consumer

pro lems. his statewide roster of district attorne&s is posed & the California *istrict'ttorne&s 'ssociation.

o) /o . 'se the Small Claims Court- /11+2,.htm - in ing and hird ' State ar of California pamphlet.

La) elpCali$ornia! Small Claims Court /11+2,.htm - in ing and hird in s to information on using small claims court fre3uentl& as ed 3uestions small

claims forms and more.


10/77

http://www.courts.ca.gov/100 .htm

Suing Someone"rror# yperlink re$erence not %alid& 7spa8ol

Checklist 7 .$ You Are Suing8& al to the person or usiness &ou are thin ing a out suing. r& to wor things

out efore going to court. "ou can also write a demand letterH that as s the person or usiness in writing what &ou are as ing for. Get help with a demandletter .

9& r&mediation or other alternatives to law&ers and courts. "ou can tr& mediationthroughout &our case even if it does not wor now.

:& Consider if going to court can give &ou what &ou want. 5f &ou win in court thecourt cannot collect the mone& for &ou. 5s the person &ou are suing a le to pa&A 5f&ou want to sue a neigh or ecause the neigh or ehaves adl& will suing ma ethe neigh or ehave etterA Courts cannot force good ehavior. Fill the time andmone& it ta es to go to court e worth the li el& outcomeA 's &ourself these3uestions efore filing &our claim so &ou do not find &ourself worse off aftersuing than if &ou did not sue at all.

;& earn a out how small claims court wor s. Go to the courthouse and watch asmall claims hearing. hat wa& &ou will now what to e9pect. !ead this we siteget help from &our courtJs small claims advisor and use the different resources thiswe site gives &ou.


11/77

(ollow each one of these steps to ma e sure &ou file &our claim correctl&. Clic on eachstep to get more information. "ou can get help with ever& step of the process from &ourcourtJs small claims advisor .

1. (igure ;ut @ow to ?ame the *efendant

2. 's for %a&ment

E. (ind the !ight Court to (ile "our Claim

4. (ill ;ut "our Court (orms

+. (ile "our Claim

6. Serve "our Claim

. Go to Court

http://www.courts.ca.gov/1E .htm

Change Your Claim or Court /ate"rror# yperlink re$erence not %alid& 7spa8ol

o) to Change Your Claim'fter &ou file &our Plaintiff's Claim


12/77

Change the name o$ the de$endant

.$ your claim has not *een ser%ed2 go to the small claims court clerkand ask to amend 0change1 your claim& (ake your original $orms)ith you& A$ter you $ile your amended claim2 ser%e it on the

de$endant&.$ your claim already has *een ser%ed on any o$ the de$endants2 $ill

out a Request to Amend Claim Before Hearing (Small Claims) 0+orm SC488; 1 or )rite a letter to ask $or permission to changeyour claim& +ile +orm SC488; or your letter )ith the court clerk&

A copy o$ your +orm SC488; or letter must also *e mailed orpersonally deli%ered to all o$ the other parties in your case&

Another approach )ould *e simply to ask the udge to amend thede$endant3s name at your hearing& 0Read Code o$ Ci%il Proceduresection 88=&


13/77

,rite a letter to the court eFplaining )hy you need to change yourcourt date&

A /

Mail or personally gi%e a copy o$ your +orm SC48


14/77

8& !ead What to o After the Court ecides !our Small Claims Case


15/77

88& r&mediation or other alternatives to law&ers and courts. "ou can tr& mediationthroughout &our case even if it does not wor now.

89& earn a out how small claims court wor s. Go to the courthouse and watch asmall claims hearing. hat wa& &ou will now what to e9pect. !ead this we siteget help from &our courtIs small claims advisor and use the different resourcesthis we site gives &ou.

8:& (igure out if &ou are eing sued in the wrong court .

8;&*ecide if &ou want to sue the person who is suing &ou. 5f &ou do learn how to filea defendantJs claim .

8


16/77

99& You can do nothing& 5f &ou do nothing and do not go to &our trial &ou will defaultH and the udge will

pro a l& enter a default udgment against &ou. he plaintiff will pro a l& getwhat he or she is as ing for plus an& filing fees or other court costs related to thesmall claims case. 5f this happens the plaintiff can legall& ta e &our mone&

wages and propert& to pa& the udgment.

+iguring 6ut .$ you a%e Been Sued in the ,rongCourt7ver& count& in California has a small claims court. he person suing &ou the

plaintiff>= has to sue &ou in the right court.

"ou can as for &our case to e dismissed


17/77

Fhere &ou


18/77

.$ you decide $ile a de$endant3s claim against the plainti$$

5f &ou decide to file a defendantIs claim there are E steps &ou must ta e efore &our courthearing.

efore &ou start with step 1 thin a out whether &ou want to as the plaintiff to pa& &outhe mone& &ou claim he or she owes &ou. his is a demand for pa&ment H and &ou cando it in person & phone or in writing. 5t is ?; re3uired for a defendantIs claim ut&ou can do it if &ou would li e.

hen &ou are read& to follow the steps elow. Clic on each step for more information.


Step 1. (ill ;ut "our *efendantJs Claim

o prepare &our defendantJs claim &ou need to fill out court forms that include a efendant's Claim & a%e your $orms re%ie)ed "ou can as a small claims advisor to review &our paperwor after &ou filled itout. he& can help &ou ma e sure &ou filled it out properl& efore &ou file it. "oucan also go to a pu lic law li rar&/11+2,.htm - in ing and hird and as ali rarian for self-help oo s to help &ou fill out &our forms.
http://documents/sc120.pdfhttp://documents/sc100info.pdfhttp://documents/sc100.pdfhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://documents/sc120.pdfhttp://documents/sc120a.pdfhttp://documents/mc030.pdfhttp://documents/sc103.pdfhttp://var/www/apps/conversion/tmp/scratch_2/find-my-court.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://www.publiclawlibrary.org/http://11529.htm/#Linking_and_Thirdhttp://documents/sc120.pdfhttp://documents/sc100info.pdfhttp://documents/sc100.pdfhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://documents/sc120.pdfhttp://documents/sc120a.pdfhttp://documents/mc030.pdfhttp://documents/sc103.pdfhttp://var/www/apps/conversion/tmp/scratch_2/find-my-court.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://www.publiclawlibrary.org/http://11529.htm/#Linking_and_Third


19/77

9@&+ile your de$endant3s claim'fter &ou fill out &our forms the ne9t step is to ta e &our forms to the courtfiling &our claim>=.

Step 2. (ile "our *efendantJs Claim

'fter &ou finish &our court forms &ou must give &our forms to the cler of the court tofile &our defendantJs claim.

(ollow these steps to file &our claim:

*+ +igure out ho) much you ha%e to pay to $ile "ou will have to pa& a fee to file papers with the court. he amount of &our feedepends on how much &ou are suing for.

5f &ou cannot afford the filing fee &ou can as the court for a fee waiver . 5f&ou get a fee waiver &ou will not have to pa& the filing fees.

,+ (ake your $orms to the clerk o$ the small claims di%ision at your superior

courta e &our:

efendant-s Claim and %& E& to o to Small Claims Court


20/77

5f &ou realiLe after &ou file &our defendantIs claim that &ou want to changesomething &ou as ed for in &our claim or want to add more information&ou ma& e a le to correct &our (orm SC-120. o change &our (orm SC-120 &ou can write a letter or fill out a eclaration Service> is when someoneP?; you or anyone else listed in this case Pgives acop& of &our court papers to the person usiness or pu lic entit& &ou are filing adefendantJs claim against. Service lets the other side now:

Fhat &ou are as ing forD

Fhen and where the trial will eD and

Fhat the& can do.

>Service> is K7!" important and can e confusing. !ead the Service of %rocess sectionto learn more a out serving court papers. "ou can also as &our small claims advisor forhelp with service.

here are also 2 court forms that can help &ou understand service in &our small claims

case and ma e sure &ou follow the right steps. !ead:What is Proof of Ser2ice3 (Small Claims)


21/77

5f &ou received a cop& of the Plaintiff's Claim 8D days or less efore the trial date&ou have to ser%e the plaintiff at least 8 day *e$ore the hearing .

Ser%e Your Claim in the Proper Legal ,ayhe server must e at least 1 and not listed in the case. @e or she can e:

' friend relative or co-wor er.

' >process server > who is someone &ou pa& to deliver court forms. oo in the"ellow %ages under >%rocess Serving.>

he sheriff sheriff.> "ou must pa& the sheriff unless &ou 3ualif& for a fee waiver.

here are E different wa&s to serve a efendant's Claim in a small claims case:

1. %ersonal Service

2. Su stituted Service

E. Service & Certified #ail & the Court Cler

Personal Ser%ice's &our server to personall& >serve> hese are court papers.>

Give the person copies of all the court papers. 5f the person will not ta e the papers ust leave them near the person. 5t does not matter if the person tears them up orthrows them awa&.

(ill out the Proof of Ser2ice (Small Claims)


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Frite down the name of the person he or she gave the court papers to. 5f the personwill not give his or her name &our server must write down a ph&sical descriptionof the person who too the papers.

#ail another cop& of the court papers & first-class mail to the plaintiff at the sameaddress where &our server left the papers.

(ill out the Proof of Ser2ice (Small Claims)


23/77

5f &ou are filing a efendant's Claim against a limited partnership serve the general partner or general manager.

5f the usiness has an agent for service &ou can serve the agent.

.$ you are suing a corporation or limited lia*ility company 0LLC1!

Serve an officer of the corporation or C or their agent for service.

Oeep in mind that &ou can find information a out the corporation or C on the Plaintiff's Claim


24/77

5f it is not &ou can serve the state 'ttorne& GeneralJs office if &ou are filing a efendant's Claim against the California @ighwa& %atrol or most consumeraffairs oards.

5f &ou are filing a efendant-s Claim against Caltrans &ou must serve the California*epartment of ransportation. Clic for the head3uartersJ address /11+2,.htm -

in ing and hird .Clic for the mailing address of the ;ffice of the 'ttorne& General /11+2,.htm -

in ing and hird or call the office at 1- 00-,+2-+22+ for more information.

Oeep in mind &ou must serve the person authoriLed to receive service for eachindividual state entit&. hat person is usuall& the head of the state entit&.

+ile a Proo$ o$ Ser%ice in court;nce &our server has served the plaintiff with a cop& of &our efendant-s Claim &ourserver has to fill out a Proof of Ser2ice (Small Claims)


25/77

(ill out &e6uest to Postpone 7rial (Small Claims)


26/77

http://www.courts.ca.gov/12 26.htm

5acate a /e$ault Judgment"rror# yperlink re$erence not %alid& 7spa8ol

5f &ou are sued and &ou did not go to &our trial the court ma& enter a udgment against&ou ased on the information the plaintiff provided without hearing &our side of thestor&. 5f &ou then want a new trial &ou must as the udge to vacate


27/77

e prepared to tell &our side of the stor&.

A$ter the decision E Appealing the denial o$ motion to%acate5f the udge does not vacate


28/77

;nl& a defendant can file an appeal of a small claims udgment. N if &ou are the plaintiff and the defendant counter-sued &ou & filing a efendant's Claim in response to&our Plaintiff's Claim and &ou lose &ou C'? appeal. Since a small claims appeal is a

rand-new trial the entire case is decided from scratch.


o (ile an 'ppeal of a Small Claims $udgment

(o $ile an appeal o$ a small claims udgment

::& "ou must file &our appeal )ithin :D days of the date the small claims udgmentwas mailed to &ou. his date will e on &our cop& of the small claims decision.

:;& (ile a Notice of Appeal (Small Claims)


29/77

5f &ou are the defendant and &ou completel& win the appeal &ou do not have to pa&an&thing.

.$ you lose the appeal

5f &ou lose &ou will have to pa& the original udgment. "ou ma& have to pa& more if the udge decides &ou owe a larger amount.

"ou ma& e ordered to pa& the plaintiffIs court costs such as service and filing fees.5nterest will also accrue at 10 percent for each &ear the udgment is not paid.

"ou ma& e ordered to pa& up to B1+0 for attorne& fees and an additional B1+0 for travelcosts loss of earnings and lodging reasona l& incurred in connection with the appeal.

'nd if the udge finds &ou filed &our appeal in ad faith the court ma& award up toB1 000 in attorne& fees and also B1 000 for travel costs loss of earnings and lodging tothe other side. (iling an appeal in ad faith means that:

9+ "ou filed &our appeal without strong support for &our positionD

:+ "ou intended to harass or dela& the other part&D or

;+ "ou filed &our appeal to encourage the other part& to a andon the case

http://www.courts.ca.gov/1116.htm

/e$endant s Post4(rial Checklist"rror# yperlink re$erence not %alid& 7spa8ol

:@&!ead What to o After the Court ecides !our Small Claims Case


30/77

(Small Claims)


31/77

Be$ore you $ile a complaintal to the repair shop service manager.

Oeep these tips in mind:

e polite and sta& calm.

79plain &our pro lem.

ell the service manager what &ou thin is a fair settlement.

ell the service manager if &ou are willing to negotiate.

5f &ou cannot wor it out tell the service manager &ou are going to file a complaintwith the '!.

+iling a complaint )ith the Bureau o$ Automoti%e Repair 0BAR =

>& (ile a complaint with '! /11+2,.htm - in ing and hird . #a e sure to saveall &our receipts. '! ma& as for them.

@&'fter &ou file &our complaint &ou will get a postcard telling &ou &our casenum er and the name of &our '! representative.

& he representative will tr& to wor things out with the repair shop for &ou. "ouwill get phone calls and letters with information a out &our case.

8D&5f &ou cannot wor things out and the shop ro e an& laws the '! will get proof. hen the& ma& give the shop a >?otice of Kiolation.>

88&"ou will e told when &our case is closed.

Remem*er! '! cannot represent &ou in court or collect mone& for &ou.

(ind the '! office /11+2,.htm - in ing and hird near &ou.

(or most consumer complaints call the *epartment of Consumer 'ffairs /11+2,.htm- in ing and hird : 1- 00-,+2-+210.

Collect Nnpaid Fages

"ou can sue for unpaid wages if &ou were not paid for wor &ou did. "ou ma& also eentitled to statutor& damages under California a or Code section 20E / 11+2,.htm -

in ing and hird . Chec with the small claims legal advisor .

5f &ou 3ualif& to use the services of the California *epartment of 5ndustrial !elations


32/77

*+ "ou filed a claim with that agenc&D '?*

,+ he agenc& re ected &our claim. 5f &ou heard nothing the claim is consideredre ected after 4+ da&s.

5n most cases &ou onl& have = months to $ile &our small claims court claim once thegovernment agenc& re ects &our claim. (ile a cop& of &our re ection letter with &our smallclaims court claim.

ote! You cannot sue a $ederal go%ernment agency in small claimscourt#

(o present your claim to the go%ernment agencyGet an official form from the agenc&:

5f &our claim is against &our county go%ernment get the forms from the count&cler .

5f &our claim is against the city go%ernment get the forms from the cit& cler .

5f &our claim is against the State o$ Cali$ornia contact the Kictim Compensation andGovernment Claims oard /11+2,.htm - in ing and hird . (ind moreinformation a out filing a claim against the State of California /11+2,.htm -

in ing and hird .

5f &our claim is against another go%ernment agency get the forms from that agenc&.

/eadline to $ile your claim )ith the agency

5f &our propert& was damaged or &ou suffered an in ur& &ou have 6 months to file.

5f &our claim is a out a contract &ou have 1 &ear to file after the contract was ro en.

5f &ou missed &our deadline &ou can as for permission to file a late claim. al to &our

small claims advisor for help with this.he agenc& will tell &ou if &our claim is approved or denied. 5f &ou hear nothing it is

considered denied after 4+ da&s.

.$ your claim is denied5f the agenc& denies &our claim or if &ou have received no response after 4+ da&s &oucan sue in small claims court.

5f &ou receive a written re ection of &our claim & the governmental agenc& &ou have 6months from the date the notice was personall& delivered or deposited in the mail to filethe claim. 5f &ou do not get a re ection letter &ou have 2 &ears to file from the da& the

incident occurred. ut do not count on having 2 &ears to file &our claim. o e safe file&our claim within the 6 months from when &ou should have received the re ection later.

al to a law&er or &our courtJs small claims advisor if &ou are unsure of &our deadline.

;nce &ou file in small claims court the process is the same as with an& other case insmall claims court. he defendant will e the pu lic agenc& &ou filed &our claim against.!ead Suing Someone for information and instructions to file &our small claims case.

Securit& *eposits
http://www.vcgcb.ca.gov/http://www.vcgcb.ca.gov/http://11529.htm/#Linking_and_Thirdhttp://www.vcgcb.ca.gov/claims/default.aspxhttp://11529.htm/#Linking_and_Thirdhttp://11529.htm/#Linking_and_Thirdhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htmhttp://www.vcgcb.ca.gov/http://www.vcgcb.ca.gov/http://11529.htm/#Linking_and_Thirdhttp://www.vcgcb.ca.gov/claims/default.aspxhttp://11529.htm/#Linking_and_Thirdhttp://11529.htm/#Linking_and_Thirdhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htm


33/77

' securit& deposit is an& mone& a landlord ta es from a tenant in case the propert& isdamaged. 5t is separate from the last monthIs rentH which a landlord ma& re3uire inaddition to the securit& deposit.

here are limits on the amount of the securit& deposit:

5f securit& deposit is for a residential propert& without furniture the securit& depositma& e3ual 2 times the rent.

5f the residence is furnished the landlord ma& charge up to E times the rent.

here is no restriction on the amount of the securit& deposit for the rental of acommercial propert&.

Securit& deposit cases are usuall& handled in small claims court. he& cannot e dealtwith in an unlawful detainer


34/77

Security deposit disputes5f &our landlord does not return the entire amount of &our securit& deposit within the 21da&s re3uired & law and &ou dispute the deductions from the deposit:

"ou can write a letter to the landlord and e9plain wh& &ou elieve &ou are entitled toa larger refund. Oeep a cop& of the letter for &our records. Get help writing a letter as ing a landlord to return a securit& deposit .

5f &ou and the landlord cannot reach an agreement on the amount of the securit& depositreturned &ou can file a lawsuit against the landlord for return of the securit& deposit. "oucan sue for:

he amount of the deposit % NS

wo times the amount of the securit& deposit in damages. he udge ma& give &outhese additional damages if the landlord retained the deposit in ad faith.

"ou can sue the landlord in small claims as long as the total amount sued for is B10 000or less.

Clic if &ou are the tenant and want to file a small claims case against &our landlord forreturn of &our securit& deposit.

%ro lems Fith @ome 5mprovement Contractors

5n general contractors that fi9 &our home must have a license from the State ofCalifornia. o find out if &our contractor is licensed call the Contractors State icense

oard /11+2,.htm - in ing and hird at 1- 00-E21-2 +2.

A contractor must *e licensed

"ou can onl& sue a contractor that does not have a license if he or she does an& worfor &ou.

"ou can sue an unlicensed contractor for an& mone& &ou paid him or her to do worfor &ou.

5f &ou are sued & an unlicensed contractor &ou ma& use the fact that the contractorwas not licensed as a full defense. 'nd &ou can recover the full amount &ou paidto an unlicensed contractor.

+iguring out ho) much money to sue $or5n small claims court an person can sue for up to B10 000 for damages that someone elsecaused him or her.

5f an unlicensed contractor did wor that re3uires a license to do and causes damage&ou ma& file a claim for the damage the contractor caused and also as for E timesthe amount of the damages.

Oeep in mind that if the damage the contractor caused forces &ou to tear allthe wor down and start over again &ou ma& e a le to sue for all themone& &ou paid the contractor plus the cost of tearing out the ad worand starting over. 'nd E times the amount of the damages too.
http://var/www/apps/conversion/tmp/scratch_2/11150.htmhttp://var/www/apps/conversion/tmp/scratch_2/11150.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htmhttp://www.cslb.ca.gov/http://www.cslb.ca.gov/http://11529.htm/#Linking_and_Thirdhttp://var/www/apps/conversion/tmp/scratch_2/11150.htmhttp://var/www/apps/conversion/tmp/scratch_2/11150.htmhttp://var/www/apps/conversion/tmp/scratch_2/1007.htmhttp://www.cslb.ca.gov/http://www.cslb.ca.gov/http://11529.htm/#Linking_and_Third


35/77

5f the total amount &ou can sue for is over B10 000 &ou have to decide whether to give upthe rest of the mone& and ust sue for B10 000 or file &our case in the civil division of thesuperior court as either a limited civil case < for B2+ 000 or less= or an unlimited civil case


36/77

5f someone stops pa&ment on a chec without a good faith dispute &ou can sue for theamount of the chec plus E times the amount of the chec with a minimum of B100 and ama9imum of B1 +00.

o) to sue $or a stop payment check!

8& Send a demand letter to the person )ho )rote the check *y certi$ied mail)ith return receipt reIuested&

See a sample >Stop %a&ment> demand letter .

9& ,ait :D days& 5f &ou are not paid inE0 da&s


37/77

department where the driver lives or hire a process server in that state toserve the driver.

:& (hen $ile the ac nowledgment of receipt from the *#K and the Proof of Ser2ice(Small Claims)


38/77

mediation &ou can tal a out other issues that ma& not e directl& related to thelaw ut are ver& important to &ou and how &ou feel a out the dispute.

;>&' udge usuall& has to ma e a decision a out mone& and whether 1 side owes theother mone&. 5n mediation the parties can reach an agreement that goes e&ondthe mone& issues and can include for e9ample giving 1 side a chance to fi9 a

pro lem return propert& or apologiLe. 5n mediation &ou have more room tocreate an agreement that suits the 2 of &ou and &our particular situation.

;@&*ifferent t&pes of cases have different deadlines for filing. 5f &ou file a claim incourt after the deadline for &our t&pe of case has passed the udge will have toappl& the law and &ou will lose &our case. ut &ou can still resolve &our case inmediation since &ou the other side and the mediator have more fle9i ilit& thanthe udge and can ma e an agreement e&ond what the law re3uires.

; ediation can e ver& helpful in disputes etween neigh ors and famil& mem ers ecause of the importance of the relationships etween the parties.


39/77

@ow *oes #ediation For A

"ou can go to mediation efore or after &ou start &our small claims case.

"ou and the other person meet with a mediator. he mediator will facilitate a discussion etween &ou and the other person in an attempt to resolve &our dispute.

Nsuall& mediation of a small claims dispute lasts an&where etween E0 minutes and 2hours.

#ediation ma& e free or &ou ma& have to pa& a small fee.

Preparing $or mediation%reparing for mediation is a lot li e preparing to go to a court hearing. 5t is important toidentif& and organiLe the facts that are relevant to &our dispute. 'nd &ou should ma esure &ou now a out the facts that support the other side not ust those that support &ou.

5t is also important to understand the law that applies to &our dispute. !ead the differentsections in this we site and tal to &our small claims advisor so &ou can learn a out thelaw in &our case and get help with &our small claims case.

5f &ou are going to mediation efore or instead of a hearing there are some other things&ou should do to prepare:

hin realistically a out how the udge will decide the case if &ou do not settle inmediation.

hin a out whether &ou or the other side has angr& or hurt feelings and wh&.

hin a out what &ou and the other side would reall& li e to accomplish through thelawsuit.

hin a out whether something esides or in addition to mone& might help tosatisf& &ou or the other side.

hin a out what &ou would e willing to settle for to avoid going to a hearing toavoid the possi ilit& of losing or to avoid the possi ilit& of not collecting if &ouwin.

Oeep in mind that the court cannot provide &ou with an interpreter so if &ou do notspea and understand 7nglish well &ou should ring &our own interpreter to &ourmediation. *o not ring a child to interpret for &ou.

o) you should *eha%e at the mediation

%resent &our side of the dispute clearl& ut listen carefull& to the other sideIs point ofview.

%resent &our suggestion for settlement ut also listen to the other sideIs proposal and e open to other ideas.

!emem er that mediation is a out a give and ta e. here are 2 sides to ever& stor&and although &ou ma& feel li e &ou are 100 percent right &ou ma& learn thingsfrom the other side during the mediation that ma e &ou realiLe that the lame isnot entirel& theirs.
http://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htmhttp://var/www/apps/conversion/tmp/scratch_2/selfhelp-advisors.htm


40/77

5f &our mediation is successful and &ou are a le to reach an agreement &ou will e muchmore satisfied with the process. "ou will find that &ou are less frustrated a out whathappened and more empowered ecause &ou were a le to resolve &our dispute to &oursatisfaction without needing to have a udge decide what is est for &ou.

(inding a #ediator

#an& counties have non-profit dispute resolution programs that provide free or low-cost mediation efore or after a lawsuit is filed. o find a program near &ou visitthe California Coalition for Communit& #ediationJs we site /11+2,.htm -

in ing and hird . ;r as &our court for a list of mediation programs in &ourarea.

#an& small claims courts offer free or low-cost mediation either efore the hearing or on the da& of the hearing. al to &our small claims advisor or court cler to findout more.

"ou can also contact &our local ar association. o find a ar association in &our areacontact the State arJs aw&er !eferral Services program /11+2,.htm -

in ing and hird . < &pe &our count& or region in the search o9=.%rivate mediators are availa le in man& communities and the& often advertise in the

"ellow %ages or legal newspapers or on the 5nternet. oo up >'r itrators> or>#ediators> to find listings. heir ac grounds and fees var& considera l& so esure to as Q

Small Claims egal 'dvisor and !esources

7ver& count& in California has a small claims advisor that can help &ou with &our case.he small claims advisor can help &ou research and understand the law in &our case fill

out &our forms understand service and how to do it correctl& and prepare for &ourhearing. he advisor can also help &ou e9plore whether mediation ma& e a good optionfor &ou and help &ou find a mediator.'nd this we site gives &ou man& lin s and resources to find a lot more resources for &our small claims case .

http://www.courts.ca.gov/101E.htm

Going to Court"rror# yperlink re$erence not %alid& 7spa8ol

Be Prepared $or Your (rial


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thin of what the other person might sa& and how &ou will answer. "ou can alsotal to a small claims advisor or a law&er efore court.

evidence.> 7vidence can e:

Contracts

7stimates


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http://www.courts.ca.gov/111,.htm

Your (rial"rror# yperlink re$erence not %alid& 7spa8ol

+or the trialGet there E0 minutes earl&.

Fhen the udge calls &our name go to the front of the room. he udge ma& as &outo tr& to settle &our case efore the hearing ta es place.

he plaintiff will present his or her case first. hen the defendant will have his or herturn.

Small claims cases var& ut usuall& onl& last 10 to 1+ minutes. So e prepared to tell&our stor& 3uic l&.

(ell your storye 3uic and to the point and sta& calm. 5t is &our o to %!;K7 &our case. *o not wait

for the udge to as &ou 3uestions. ut if the udge as s &ou 3uestions answer each3uestion directl& and do not interrupt the udge or the other side.

@ere are some tips:

he first thing &ou need to sa& is wh& &ou are there.

ell the udge how &ou were affected & what the other person did and

Fh& it is their fault.'lso e9plain wh& it is not &our fault.

Sa& what happened in the order it happened.

Group facts together. (or e9ample: >(rom 'pril to 'ugust 5 too the car in 10 timesand he didnJt fi9 the ra es.>

A$ter the trial5f &ou are the plaintiff get a chec list for what to do after &our trial .

5f &ou are the defendant get a chec list for what to do after &our trial .


Su*poena a ,itness"rror# yperlink re$erence not %alid& 7spa8ol
http://www.courts.ca.gov/1119.htmhttp://var/www/apps/conversion/tmp/scratch_2/1119.htm%3FrdeLocaleAttr=eshttp://var/www/apps/conversion/tmp/scratch_2/1120.htmhttp://var/www/apps/conversion/tmp/scratch_2/8423.htmhttp://var/www/apps/conversion/tmp/scratch_2/8423.htmhttp://var/www/apps/conversion/tmp/scratch_2/8423.htmhttp://www.courts.ca.gov/11162.htmhttp://var/www/apps/conversion/tmp/scratch_2/11162.htm%3FrdeLocaleAttr=eshttp://www.courts.ca.gov/1119.htmhttp://var/www/apps/conversion/tmp/scratch_2/1119.htm%3FrdeLocaleAttr=eshttp://var/www/apps/conversion/tmp/scratch_2/1120.htmhttp://var/www/apps/conversion/tmp/scratch_2/8423.htmhttp://www.courts.ca.gov/11162.htmhttp://var/www/apps/conversion/tmp/scratch_2/11162.htm%3FrdeLocaleAttr=es


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' su poena is a court order that sa&s that &our witness has to come to court. 5t can alsosa& that someone has to ring certain papers to court at &our trial.

"ou ma& need to su poena a witness if:

"our witness will not come to courtD or

Someone will not give &ou the documents &ou need to prove &our case.(o prepare a su*poena

< & +ill out your Subpoena(ill out a Small Claims Su$poena


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Plainti$$ s Post4(rial Checklist"rror# yperlink re$erence not %alid& 7spa8ol

89&!ead What to o After the Court ecides !our Small Claims Case &!ead the *epartment of Consumer 'ffairsJ we site / 11+2,.htm -

in ing and hird for more information.

http://www.courts.ca.gov/ 42E.htm
http://www.courts.ca.gov/1120.htmhttp://var/www/apps/conversion/tmp/scratch_2/1120.htm%3FrdeLocaleAttr=eshttp://documents/sc200info.pdfhttp://documents/sc200info.pdfhttp://documents/sc290.pdfhttp://documents/ej100.pdfhttp://var/www/apps/conversion/tmp/scratch_2/1014.htmhttp://documents/sc290.pdfhttp://documents/ej100.pdfhttp://documents/sc290.pdfhttp://documents/ej100.pdfhttp://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.810-116.880http://11529.htm/#Linking_and_Thirdhttp://documents/sc133.pdfhttp://var/www/apps/conversion/tmp/scratch_2/1015.htmhttp://documents/sc220info.pdfhttp://documents/sc220info.pdfhttp://var/www/apps/conversion/tmp/scratch_2/1016.htmhttp://www.dca.ca.gov/publications/small_claims/collect.shtmlhttp://11529.htm/#Linking_and_Thirdhttp://11529.htm/#Linking_and_Thirdhttp://www.courts.ca.gov/8423.htmhttp://www.courts.ca.gov/1120.htmhttp://var/www/apps/conversion/tmp/scratch_2/1120.htm%3FrdeLocaleAttr=eshttp://documents/sc200info.pdfhttp://documents/sc200info.pdfhttp://documents/sc290.pdfhttp://documents/ej100.pdfhttp://var/www/apps/conversion/tmp/scratch_2/1014.htmhttp://documents/sc290.pdfhttp://documents/ej100.pdfhttp://documents/sc290.pdfhttp://documents/ej100.pdfhttp://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.810-116.880http://11529.htm/#Linking_and_Thirdhttp://documents/sc133.pdfhttp://var/www/apps/conversion/tmp/scratch_2/1015.htmhttp://documents/sc220info.pdfhttp://documents/sc220info.pdfhttp://var/www/apps/conversion/tmp/scratch_2/1016.htmhttp://www.dca.ca.gov/publications/small_claims/collect.shtmlhttp://11529.htm/#Linking_and_Thirdhttp://11529.htm/#Linking_and_Thirdhttp://www.courts.ca.gov/8423.htm


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/e$endant s Post4(rial Checklist"rror# yperlink re$erence not %alid& 7spa8ol

=


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Collect Your Judgment"rror# yperlink re$erence not %alid& 7spa8ol

5f &ou win the case and the udge issues a udgment in &our favor &ou can collect &our udgment. "ou cannot start collecting until:

>8& he time to appeal runs out 9&5f there was an appeal and &ou won after the appeal decision < udgment= is sent ac to the small claims court usuall& a out 10 da&s after the appeal decision.

he court will not collect the mone& for &ou. ut the court will issue the orders and otherdocuments &ou ma& need to collect &our udgment from the de tor


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Collecting a udgment can e one of the more difficult and frustrating parts of &our smallclaims case. !emem er if the udgment was in &our favor and &ou are owed mone& &ouare now referred to as the udgment creditor. he person who owes &ou the mone& is the

udgment de tor.

@ere are some tips to help &ou collect &our udgment:

*o not use illegal wa&s to collect &our mone& .

7ncourage the de tor to pa& &ou voluntaril& .

e organiLed .

's a law&er or collection agenc& for help .

#a e sure &ou renew &our udgment .

's the court for help .

/o not use illegal )ays to collect your money

he de tor ma& e protected from a usive or unfair wa&s to collect the de t. 'ndgenerall& it is not a good idea for &ou to use unfair or deceitful tactics to get the mone&the de tor owes &ou.

5n &our efforts to collect the de t:

*o not lie or ma e misleading statements to collect a de tD

*o not harass the de torD

*o not as another person for more than asic information a out where the de tor isD

*o not tell the de torJs emplo&er or other people that the de tor owes &ou mone&


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Frite down the de torJs contact information and list of assets unless the de tor sent&ou a Judgment e$tor's Statement of Assets


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here are special rules &ou should now a out for small claims udgments.

he de tor has E0 da&s after entr& of the original udgment efore the& have to pa&&ou

he de tor can pa& the udgment directl& to the court he de tor is re3uired to send &ou a Judgment e$tor's Statement of Assets ( orm

SC=*..)

he de tor can as the court to let them pa& the udgment in installments

(he de*tor has :D days a$ter entry o$ the original udgment *e$ore theyha%e to pay you

he de tor has E0 da&s after the court mails or delivers the Notice of Entry of Judgment


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pa&ment e sure to tell the court the case name case num er and date of entr& of udgment.

(he de*tor is reIuired to send you a %udgment !ebtor&s Statement of Assets 0+orm SC48::1

' de tor does not appeal or file a motion to vacate


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http://www.courts.ca.gov/11 ,.htm

,ays to Collect +rom the /e*tor"rror# yperlink re$erence not %alid& 7spa8ol

Collecting &our udgment can e one of the most difficult parts of &our small claims case.!emem er the court cannot collect the mone& for &ou. ut the court can help &ou get thetools &ou need to collect &our mone&. he different topics in this section give &ouinformation and instructions a out what &ou can do to tr& to collect &our mone&.

efore &ou start an& of the collection methods ma e sure the udgment is final. !eadthrough the tips for collecting &our udgment and a out special rules for small claimscases . 'lso eep in mind the small claims advisor can help &ou.

;nce &ou are read& clic on each topic elow for more information.

Get the /e*tor to Pay You 5oluntarily

he est possi le situation is that the de tor pa&s &ou voluntaril& so &ou avoid having tospend time and mone& tr&ing to collect from the de tor. his section gives &ou tools andsuggestions to help &ou encourage the de tor to pa& &ou voluntaril&.

Get .n$ormation A*out the /e*tor3s Assets5f the de tor will not pa& &ou on his or her own this section helps &ou find out whatt&pes of assets


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;nce a udgment has een renewed it cannot e renewed again until + &ears later. utma e sure it is renewed at least ever& 10 &ears or it will e9pire.

Fhen the udgment is renewed the interest that has accrued will e added to the principalamount owing. (rom that point on &ou are entitled to interest on the principal and theaccrued interest.

(or e9ample let us sa& &ou have a udgment for B6 000 and after nearl& 10&ears the de tor has not paid &ou an&thing. he udgment accrues dail&interest of B1.64


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he de tor is supposed to pa& &ou in installments ut has stopped pa&ing


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Your udgment does not state the de*tor3s correct nameNsuall& &our small claims udgment must use the correct name of the person or usinessthat owes &ou mone&. 5f not &ou ma& not e a le to collect &our udgment.

he law sa&s that &ou


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Sa& whether &ou are the plaintiff or the defendant that won a defendantJsclaim.

79plain wh& &ou want to change the name on the udgment that &ou have agood reason for the proposed change and that the change will support theinterests of ustice. 5f there is not enough room on the form attach a longer e9planation on a sheet of paper e9hi its areattached> and attach those papers to &our form. #a e sure to e9plain wh&&our attachments prove that the name should e changed.

*1+(ile (orm SC-10+


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he court ma& schedule a hearing so the parties can tell their stories to the udge. 5f a hearing is scheduled the court will send oth parties a notice of the hearing.

5f a wee goes &


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!o&alt& pa&ments to the de tor.

5t is possi le to collect from the de torJs mone& or propert& held & someone else if:

"ou want a one-time immediate collection lev&>= from this source and not alev& that will continue over an e9tended period of time.

he propert& &ou see to collect from is accessi le to the pu lic


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5f the de tor ma es a written re3uest and &ou do not file the ac nowledgment within 14da&s &ou can e held lia le for all damages sustained plus B+0. (or more informationchec out Code of Civil %rocedure section 116. +0 /11+2,.htm - in ing and hird .

5f there are no liens related to the udgment &ou can sign the Ac"no#ledgment ofSatisfaction of Judgment on the ac of &our cop& of the small claims udgment. 5f a liene9ists &ou will have to use (orm 7$-100 and have it notariLed efore filing it with thecourt and recording a certified cop& with the count& recorderJs office.

Remo%ing liens you ha%e placed on the de*tor3s property"ou #NS remove liens that &ou have placed on the de torJs real and personal propert&.

o remove a real propert& lien use an Ac"no#ledgment of Satisfaction of Judgment


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he amount &ou owe will increase dail& since the udgment accumulates interest atthe rate of 10 percent per &ear.

he creditor can get an order telling &ou to reim urse him or her for an& reasona leand necessar& costs of collection.

"our credit ma& e damaged ecause credit reporting agencies will now &ou havenot paid the udgment when &our name appears on the courtJs >$udgment !oll.>

his can ma e it difficult for &ou to get a loan get a credit card or even rent anapartment.

http://www.courts.ca.gov/11 E.htm

Pay the Judgment 5oluntarily"rror# yperlink re$erence not %alid& 7spa8ol

5f &ou lose &our small claims case


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Pay in .nstallments"rror# yperlink re$erence not %alid& 7spa8ol

"ou #'" e a le to pa& &our udgment in installments & setting up a pa&ment plan withthe court or the udgment creditor.

(irst &ou can tr& tal ing to the creditor to see if he or she is willing to wor out a pa&ment plan with &ou. !emind the creditor that &ou want to pa& ut that &ou ust do nothave the mone& to pa& it all at once. he creditor ma& decide he or she would rather havesome mone& a little at a time than nothing at all.

5f &ou wor something out ma e sure all the details are in writing. he agreement shouldinclude due dates grace periods >&(ill out and file a &e6uest to 5a"e Payments


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M'S( do this )ithin 8D days o$ getting notice in the mail that the creditor has madethe reIuest .

(his is )hat )ill happen!

.+ he creditor will fill out and file a eclaration of efault in Payment of Judgment


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.$ You /o ot Pay Your Judgment"rror# yperlink re$erence not %alid& 7spa8ol

5f the court decides against &ou and issues a udgment and &ou do not intend to appeal itis etter to pa& the udgment as soon as possi le. 5f &ou do &ou will not have to pa&interest on the unpaid udgment and &ou will not e responsi le for whatever costs the

udgment creditor


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9>&'s for a claim of e9emption. ' claim of e9emption will protect more or ma& eeven all of &our earnings. "ou can get an e9emption if &ou need &our earnings


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earnings that the lev&ing officer or &our emplo&er were holding when &ou as edfor the e9emption.

,*+ 5f the creditor opposes &our claim of e9emption &ou will receive a Notice of%pposition to Claim of E>emption emption


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11. Give the following documents to the le%ying o$$icer emption emption


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Claim o$ eFemption $or a le%y or other non)age garnishment 0not )ages1

' Claim of E>emption is a form a de tor files with the lev&ing officer emption


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@&@ave someone 1 or older ?; the creditor serve a cop& of each on the udgment de tor


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5f the court is convinced that &ou have paid the court will enter thesatisfaction of udgment.

'pdate your credit report;nce &ou have a satisfaction of udgment &ou should update &our credit report so that it

shows that &ou have paid the de t.o update &our credit report:

@9&Get E certified copies of the Ac"no#ledgment of Satisfaction of Judgment fromthe cler Js office trial de novo> or >new trial.> his means that the case is

decided & a new udge from the eginning so &ou have to present &our case all overagain. ecause this case is in the civil division of the superior court


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1. "ou must file &our appeal )ithin :D days of the date the small claims udgmentwas mailed to &ou. his date will e on &our cop& of the small claims decision.

2. (ile a Notice of Appeal (Small Claims)


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"ou ma& e ordered to pa& up to B1+0 for attorne& fees and an additional B1+0 for travelcosts loss of earnings and lodging reasona l& incurred in connection with the appeal.

'nd if the udge finds &ou filed &our appeal in ad faith the court ma& award up toB1 000 in attorne& fees and also B1 000 for travel costs loss of earnings and lodging tothe other side. (iling an appeal in ad faith means that:

1. "ou filed &our appeal without strong support for &our positionD

2. "ou intended to harass or dela& the other part&D or

E. "ou filed &our appeal to encourage the other part& to a andon the case

http://www.courts.ca.gov/101 .htm

+orms"rror# yperlink re$erence not %alid& 7spa8ol "ou ma& not need all of these forms. ;r &ou ma& need more forms. 5f &ou are not surewhich forms to use tal to &our small claims advisor or a law&er. Clic for help finding alaw&er .

6("! 'll California courts use the same asic set of forms. ut some courts have localforms too. o see if &ou will need an& special local forms contact &our court cler orchec &our courtJs we site. he forms ma& e posted on their site. 5f not the site will listthe address and phone num er of &our local courthouse.

o download a form


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Attorney ee ispute (After Ar$itration) (Attachment to Plaintiff's Claimand %& E& to o to Small Claims Court)

SC-101

ictitious usiness Name (Small Claims) SC-10E

Proof of Ser2ice (Small Claims) SC-104

Proof of 5ailing (Su$stituted Ser2ice ) (Small Claims) SC-104'

Proof of Ser2ice $y 5ail SC-112'

What @s BProof of Ser2iceB3 (Small Claims) SC-104 o get thisform &ou can:

Go to the cler Js office of the court where &ou will file &our claim.

oo for the form on &our local superior courtJs we site .

#ail the court a letter as ing for the form and enclose a self-addressed stampedenvelope. Clic to find &our courtJs address .

5f &ou are under 1 &ears old &ou need a guardian ad litem to sue for &ou in small claimscourt. ell the court cler &ou need an Application and %rder for Appointment of

uardian ad ?item = Ci2il


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's the Court to #a e an ;rder efore or 'fter the rial

+orm ame +orm um*er

&e6uest for Court %rder and Ans#er SC-10+

%rder on &e6uest for Court %rder SC-10+'

?otice of the $udgeJs *ecision

+orm ame +orm um*er

What to o After the Court ecides !our Small Claims Case SC-200-5?(;


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@nformation After Judgment SC-1E0

+orm ame +orm um*er

What to o After the Court ecides !ourSmall Claims Case SC-200-5?(;


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for E>amination (Small Claims)

Application and %rder for Appearance and E>amination(Attachment =Enforcement of

Judgment)

' -1E 7$-12+

Small Claims Su$poena for Personal Appearance and Production of ocuments at 7rial or 4earing and eclaration

SC-10

A$stract of Judgment = Ci2il andSmall Claims

7$-001

Writ of E>ecution 7$-1E0

Notice of ?e2y (Enforcement of Judgment)

7$-1+0

5emorandum of arnishee(Attachment = Enforcement of

Judgment)

7$-1+2

&e6uest for Court %rder and Ans#er (Small Claims)

SC-10+

Application for Earnings

Withholding %rder (Wagearnishment)

FG-001

Notice of ?ien (Attachment = Enforcement of Judgment)

7$-1 +

Notice of %pposition to Claim of E>emption (Enforcement of Judgment)

7$-1 0

Notice of 4earing on Claim of E>emption (Wage arnishment = Enforcement of Judgment)

FG-010/7$-1 +

E>emptions rom the Enforcementof Judgments

7$-1++. 'lso loo at Current *ollar 'mounts of79emptions (rom 7nforcement of $udgments a list of thecurrent dollar amounts of the e9emptions fromenforcement of udgments.

Collections


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+orm ame +orm um*er

Judgment e$tor'sStatement of Assets(Small Claims)

SC-1EE

&e6uest to Pay Judgment to Court (Small Claims)

SC-14+

Claim of E>emption(Wage arnishment)

FG-006

inancial Statement(Wage arnishment =

Enforcement of Judgment)

FG-00 /7$-16+

Notice of iling of Claimof E>emption (Wage

arnishment)

FG-00

E>emptions rom the Enforcement of Judgments

7$-1++. 'lso loo at Current *ollar 'mounts of 79emptions (rom7nforcement of $udgments a list of the current dollar amounts of thee9emptions from enforcement of udgments.

Claim of E>emption(Enforcement of

Judgment)

7$-160

5emorandum ofarnishee (Attachment =

Enforcement of Judgment)

7$-1+2

#iscellaneous

+orm ame +orm um*er

&e6uest for Court %rder and Ans#er(Small Claims)

SC-10+

eclaration #C-0E0

Attached eclaration #C-0E1 < his form must e attached to a court formor paper.=

Attachment to Judicial Council orm #C-02+ < his form must e attached to a $udicialCouncil form.=
http://documents/sc133.pdfhttp://documents/sc145.pdfhttp://documents/wg006.pdfhttp://documents/wg007.pdfhttp://documents/wg008.pdfhttp://documents/ej155.pdfhttp://documents/ej156.pdfhttp://documents/ej156.pdfhttp://documents/ej160.pdfhttp://documents/ej152.pdfhttp://documents/sc105.pdfhttp://documents/mc030.pdfhttp://documents/mc031.pdfhttp://documents/mc025.pdfhttp://documents/sc133.pdfhttp://documents/sc145.pdfhttp://documents/wg006.pdfhttp://documents/wg007.pdfhttp://documents/wg008.pdfhttp://documents/ej155.pdfhttp://documents/ej156.pdfhttp://documents/ej156.pdfhttp://documents/ej160.pdfhttp://documents/ej152.pdfhttp://documents/sc105.pdfhttp://documents/mc030.pdfhttp://documents/mc031.pdfhttp://documents/mc025.pdf


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(')sPrint +spa ol

Small Claims - Frequently Asked Questions./ "o# much #ill a process ser0er cost1./ Can ) get the !efen!ant to pa( the cost of a process ser0er1./ What out-of-pocket costs can ) get ack from the !e tor an! ho# !o ) collect them1./ ) am a lan!lor!2 Can ) sen! m( propert( agent to represent me at the trial1./ "o# !o ) calculate the 34 percent interest that the cre!itor is entitle! to on the unpai! portion of the

5u!gment1./ Can ) collect against the #ages of the !e tor's spouse or !omestic partner if that person #as not a!efen!ant in m( case1./ What happens to m( securit( !eposit if the rental propert( is sol! #hile ) still li0e there1./ What happens to the securit( !eposit if onl( 3 roommate is mo0ing out1./ What !o ) !o if ) cannot fin! the !e tor 6the person #ho o#es me mone(71./ Can a contractor sue a homeo#ner1./ What if m( license! contractor cannot pa(1./ What can ) !o if the !e tor is suppose! to pa( me in installments ut has stoppe! pa(ing 6or ne0er pai!71./ What can ) !o if ) ha0e a court or!er that lets me pa( in installments an! the 5u!gment cre!itor has aske!to cancel that pa(ment plan1./ )f ) rene# m( 5u!gment #hat happens to the liens1

(')sPrint +spa ol

Small Claims - Frequently Asked Questions./ "o# much #ill a process ser0er cost1./ Can ) get the !efen!ant to pa( the cost of a process ser0er1./ What out-of-pocket costs can ) get ack from the !e tor an! ho# !o ) collect them1./ ) am a lan!lor!2 Can ) sen! m( propert( agent to represent me at the trial1./ "o# !o ) calculate the 34 percent interest that the cre!itor is entitle! to on the unpai! portion of the

5u!gment1./ Can ) collect against the #ages of the !e tor's spouse or !omestic partner if that person #as not a!efen!ant in m( case1./ What happens to m( securit( !eposit if the rental propert( is sol! #hile ) still li0e there1./ What happens to the securit( !eposit if onl( 3 roommate is mo0ing out1./ What !o ) !o if ) cannot fin! the !e tor 6the person #ho o#es me mone(71/ C h # 1
http://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htm?rdeLocaleAttr=eshttp://www.courts.ca.gov/11441.htm?rdeLocaleAttr=eshttp://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htm?rdeLocaleAttr=eshttp://www.courts.ca.gov/11441.htm?rdeLocaleAttr=eshttp://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htm?rdeLocaleAttr=eshttp://www.courts.ca.gov/11441.htmhttp://www.courts.ca.gov/11441.htm?rdeLocaleAttr=es

000 California How to Small Claims & Appeal

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Transcript of 000 California How to Small Claims & Appeal