Fill - Free fillable Form 1.: INFORMATION FOR THE SMALL CLAIMS PLAINTIFF (California) PDF form

SC-100-INFO

INFORMATION FOR THE SMALL CLAIMS PLAINTIFF

WHAT IS SMALL CLAIMS COURT?

Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The

person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice

before you go to court, but you cannot have a lawyer in court. Your claim cannot be for more than $5,000 if you are a business or public

entity or for more than $10,000 if you are a natural person (including a sole proprietor). (See below for reference to exceptions.*) If you

have a claim for more than this amount, you may sue in the civil division of the trial court or you may sue in the small claims court and

give up your right to the amount over the limit. You cannot, however, file more than two cases in small claims court for more than

$2,500 each during a calendar year.

WHO CAN FILE A CLAIM?

You must be at least 18 years old to file a claim. If you are not

yet 18, tell the clerk. You may ask the court to appoint a

guardian ad litem. This is a person who will act for you in the

case. The guardian ad litem is usually a parent, a relative, or

an adult friend.

You must also appear at the small claims hearing yourself

unless you filed the claim for a corporation or other entity

that is not a natural person.

If a corporation files a claim, an employee, an officer, or a

director must act on its behalf. If the claim is filed on behalf of

an association or another entity that is not a natural person, a

regularly employed person of the entity must act on its behalf.

A person who appears on behalf of a corporation or another

entity must not be employed or associated solely for the

purpose of representing the corporation or other entity in the

small claims court. You must file a declaration with the

court to appear in any of these instances. (See

Authorization to Appear, form SC-109.)

A person who sues in small claims court must first make a

demand, if possible. This means that you have asked the

defendant to pay, and the defendant has refused. If your claim

is for possession of property, you must ask the defendant to

give you the property.

Unless you fall within two technical exceptions, you must be

the original owner of the claim. This means that if the claim is

assigned, the buyer cannot sue in the small claims court.

WHERE CAN YOU FILE YOUR CLAIM?

You must sue in the right court and location. This rule is called venue. Check the court's local rules if there is more than one court

location in the county handling small claims cases. If you file your claim in the wrong court, the court will dismiss the claim unless all

defendants personally appear at the hearing and agree that the claim may be heard. The right location may be any of these:

SOME RULES ABOUT THE DEFENDANT (including government agencies)

You must sue using the defendant's exact legal name. If the

defendant is a business or a corporation and you do not know

the exact legal name, check with the state or local licensing

agency, the county clerk's office, or the Office of the Secretary

of State, Corporate Status Unit, at www.sos.ca.gov/business.

Ask the clerk for help if you do not know how to find this

information. If you do not use the defendant's exact legal

name, the court may be able to correct the name on your claim

at the hearing or after the judgment.

If you want to sue a government agency, you must first file a

claim with the agency before you can file a lawsuit in court.

Strict time limits apply. If you are in a Department of

Corrections or Youth Authority facility, you must prove that the

agency denied your claim. Please attach a copy of the denial

to your claim.

HOW DOES THE DEFENDANT FIND OUT ABOUT THE CLAIM?

You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules or your case may be

dismissed or delayed. The correct way of telling the defendant about the lawsuit is called service of process. This means giving the

defendant a copy of the claim. YOU CANNOT DO THIS YOURSELF. You should read form SC-104B, What is "Proof of Service"?

Here are four ways to serve the defendant:

Process server—You may ask anyone who is not a party in

your case and who is at least 18 years old to serve the

defendant. The person is called a process server and must

personally give a copy of your claim to the defendant. The

person must also sign a proof of service form showing when

the defendant was served. Registered process servers will

serve papers for a fee. You may also ask a friend or relative to

do it.

* Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116.220(c).)

Page 1 of 2

Form Adopted for Mandatory Use

Judicial Council of California

SC-100-INFO [Rev. January 1, 2020]

INFORMATION FOR THE PLAINTIFF

(Small Claims)

Code of Civil Procedure,

§§ 116.110 et seq.,116.220(c), 116.340(g)

www.courts.ca.gov

This information sheet is written for the person who sues in the small claims court. It explains some of the rules of, and

some general information about, the small claims court. It may also be helpful for the person who is sued.

Where the defendant lives or where the business involved is

located;

Where the damage or accident happened;

1. 2.

Service by a law officer—You may ask the marshal or sheriff

to serve the defendant. A fee will be charged.

With very limited exceptions, the defendant must be served

within the state of California.

Where the contract was signed or carried out; 3.

4. If the defendant is a corporation, where the contract was

broken; or

5. For a retail installment account or sales contract or a motor

vehicle finance sale:

Where the goods or vehicle are permanently kept.d.

Where the buyer signed the contract; orc.

Where the buyer lived when the contract was entered into;b.

Where the buyer lives;

Certified mail—You may ask the clerk of the court to serve

the defendant by certified mail. The clerk will charge a fee.

You should check back with the court before the hearing to

see if the receipt for certified mail was returned to the court.

Service by certified mail must be done by the clerk's

office except in motor vehicle accident cases involving

out-of-state defendants.

Substituted service—This method lets you serve another

person instead of the defendant. You must follow the

procedures carefully. You may also wish to use the marshal or

sheriff or a registered process server.

Substituted service (continued) A copy of your claim must be

left at the defendant's business with the person in charge, OR

at the defendant's home with a competent person who is at

least 18 years old. The person who receives the claim must

be told about its contents. Another copy must be mailed, first

class postage prepaid, to the defendant at the address where

the paper was left. The service is not complete until 10 days

after the copy is mailed.

Timing and proof of service—No matter which method of

service you choose, the defendant must be served by a certain

date, or the trial will be postponed. If the defendant lives in the

county, service must be completed at least 15 days before the

trial date. This period is at least 20 days if the defendant lives

outside the county.

The person who serves the defendant must sign a court

paper showing when the defendant was served. This paper is

called a Proof of Service (form SC-104). It must be signed and

returned to the court clerk as soon as the defendant has been

served.

WHAT IF THE DEFENDANT ALSO HAS A CLAIM?

Sometimes the person who was sued (the defendant) will also have a claim against the person who filed the lawsuit (the plaintiff).

This claim is called the Defendant's Claim. The defendant may file this claim in the same lawsuit. This helps to resolve all of the

disagreements between the parties at the same time.

If the defendant decides to file the claim in the small claims court, the claim may not be for more than $5,000, or $10,000 if the

defendant is a natural person (see exceptions on page 1*). If the value of the claim is more than this amount, the defendant may either

give up the amount over $5,000 or $10,000 and sue in the small claims court or sue in the appropriate court for the full value of the

claim. If the defendant's claim relates to the same contract, transaction, matter, or event that is the subject of your claim and exceeds

the value amount for small claims court, the defendant may file the claim in the appropriate court and file a motion to transfer your claim

to that court to resolve both claims together.

The defendant's claim must be served on the plaintiff at least five days before the trial. If the defendant received the plaintiff's claim

10 days or less before the trial, then the claim must be served at least one day before the trial. Both claims will be heard by the court at

the same time.

WHAT HAPPENS AT THE TRIAL?

Be sure you are on time for the trial. The small claims trial is informal. You must bring with you all witnesses, books, receipts, and

other papers or things to prove your case. You may ask the witnesses to come to court voluntarily, or you may ask the clerk to issue a

subpoena. A subpoena is a court order that requires the witness to go to trial. The witness has a right to charge a fee for going to the

trial. If you do not have the records or papers to prove your case, you may also get a court order before the trial date requiring the

papers to be brought to the trial. This order is called a Small Claims Subpoena and Declaration (form SC-107).

If you settle the case before the trial, you must file a dismissal form with the clerk.

The court's decision is usually mailed to you after the trial. It may also be hand delivered to you when the trial is over and after the

judge has made a decision. The decision appears on a form called the Notice of Entry of Judgment (form SC-130 or SC-200).

WHAT HAPPENS AFTER JUDGMENT?

The court may have ordered one party to pay money to the other party. The party who wins the case and is owed the money is

called the judgment creditor. The party who loses the case and owes the money is called the judgment debtor. Enforcement of the

judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot

collect any money or take any action until this period is over. Generally both parties may be represented by lawyers after judgment.

More information about your rights after judgment is available on the back of the Notice of Entry of Judgment. The clerk may also have

this information on a separate sheet.

SC-100-INFO [Rev. January 1, 2020]

INFORMATION FOR THE PLAINTIFF

(Small Claims)

Page 2 of 2

HOW TO GET HELP WITH YOUR CASE

Parties who are in jail—If you are in jail, the court may

excuse you from going to the trial. Instead, you may ask

another person who is not an attorney to go to the trial for you.

You may mail written declarations to the court to support your

case.

Lawyers—Both parties may ask a lawyer about the case, but

a lawyer may not represent either party in court at the small

claims trial. Generally, after judgment and on appeal, both

parties may be represented by lawyers.

Interpreters—If you do not speak English well, ask the court

clerk as soon as possible for a court-provided interpreter. You

may use form INT-300 or a local court form to request an

interpreter. If a court interpreter is not available at the time of

your trial, it may be necessary to reschedule your trial. You

cannot bring your own interpreter for the trial unless the

interpreter has been approved by the court as a certified,

registered, or provisionally qualified interpreter. (See Cal.

Rules of Court, rule 2.893, and form INT-140.)

Accommodations—If you have a disability and need

assistance, immediately ask the court to help accommodate

your needs. If you are hearing impaired and need assistance,

notify the court immediately.

Forms—You can get small claims forms and more information

at the California Courts Self-Help Center website (www.courts.

ca.gov/smallclaims), your county law library, or the courthouse

nearest you.

Waiver of fees—The court charges fees for some of its

procedures. Fees are also charged for serving the defendant

with the claim. The court may excuse you from paying these

fees if you cannot afford them. Ask the clerk for the Information

Sheet on Waiver of Superior Court Fees and Costs (form

FW-001-INFO) to find out if you meet the requirements so that

you do not have to pay the fees.

Small claims advisors—The law requires each county to

provide assistance in small claims cases free of charge.

(Small claims advisor information):

Night and Saturday court—If you cannot go to court during

working hours, ask the clerk if the court has trials at night or

on Saturdays.

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