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Preparing and Preparing and Presenting A Small Presenting A Small

Claims CaseClaims Case

Small Claims Court Advisory Small Claims Court Advisory ProgramProgram

of The Legal Aid Society of Orange of The Legal Aid Society of Orange CountyCounty

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Small Claims OverviewSmall Claims Overview

Litigants represent themselvesLitigants represent themselves Attorneys cannot represent litigantsAttorneys cannot represent litigants Claims limited to $7,500 for natural persons and Claims limited to $7,500 for natural persons and

sole proprietorssole proprietors Claims limited to $5,000 for corporations and Claims limited to $5,000 for corporations and

LLC’sLLC’s Claims for $2,500 or more limited to 2 per calendar yearClaims for $2,500 or more limited to 2 per calendar year Claims for less than $2,500 are unlimitedClaims for less than $2,500 are unlimited

Filing Fee ($30-$75)Filing Fee ($30-$75) - $100 after filing 12 claims in a calendar year- $100 after filing 12 claims in a calendar year Trials set for 30-60 daysTrials set for 30-60 days

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ObjectiveObjective

Help You In:Help You In: Preparing Your CasePreparing Your Case Presenting Your ClaimPresenting Your Claim

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Is Small Claims Court Is Small Claims Court Appropriate For Your Case?Appropriate For Your Case?

Does the claim justify the cost?Does the claim justify the cost? Which court has jurisdiction?Which court has jurisdiction? Can I collect? Can I collect?

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Plaintiff’s Claim (SC-100)Plaintiff’s Claim (SC-100)

Your name and addressYour name and address Defendant’s proper name and Defendant’s proper name and

addressaddress How much you are suing forHow much you are suing for Why you are entitled to that amountWhy you are entitled to that amount

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Naming an IndividualNaming an Individual

Individual: “Hart, Betty M.”Individual: “Hart, Betty M.” Husband and Wife:Husband and Wife:

- Defendant #1: “Dunn, Nick” - Defendant #1: “Dunn, Nick”

- Defendant #2: “Dunn, Vicky” - Defendant #2: “Dunn, Vicky” Obtain form SC-100A for Additional Obtain form SC-100A for Additional

Plaintiffs and Defendants to name Plaintiffs and Defendants to name additional partiesadditional parties

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Naming a BusinessNaming a Business

Owner doing business under a fictitious Owner doing business under a fictitious business name (sole proprietorship):business name (sole proprietorship): ““Jones, John P. d.b.a. John’s Shoe Store”Jones, John P. d.b.a. John’s Shoe Store”

Partners on behalf of a partnership:Partners on behalf of a partnership: Defendant #1: “Hart, Betty M. individually and as a partner in Defendant #1: “Hart, Betty M. individually and as a partner in

Hart and Simons, a partnership”Hart and Simons, a partnership” Defendant #2: “Simons, Susan individually and as a partner in Defendant #2: “Simons, Susan individually and as a partner in

Hart and Simons, a partnership”Hart and Simons, a partnership”

Obtaining a fictitious business name (d.b.a.)Obtaining a fictitious business name (d.b.a.) City Hall for the city in which the business is locatedCity Hall for the city in which the business is located County Recorder’s Office for the county in which the business is County Recorder’s Office for the county in which the business is

locatedlocated

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Naming a CorporationNaming a Corporation

““Beacham & Beacham, Inc.” Beacham & Beacham, Inc.” Or “Abacast Corporation d.b.a. Maritime Company”Or “Abacast Corporation d.b.a. Maritime Company”

Verify the corporation’s information by visiting the Verify the corporation’s information by visiting the Secretary of State’s websiteSecretary of State’s website

- Corporation Records Online: Corporation Records Online: www.sos.ca.gov

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Naming a CorporationNaming a Corporation

When you search for a corporation, you will find When you search for a corporation, you will find two addresses:two addresses:1) “Entity Address”1) “Entity Address”

2) “Agent for Service of Process” address 2) “Agent for Service of Process” address

- Write the “Entity Address” on your Plaintiff’s Claim- Write the “Entity Address” on your Plaintiff’s Claim

- - Once your claim is filed, youOnce your claim is filed, you

notify the defendant by serving the notify the defendant by serving the

corporation’s “Agent for Service corporation’s “Agent for Service

of Process” of Process”

Entity AddressEntity Address

5457 Florence Ave5457 Florence Ave

Missoula, MT Missoula, MT 5980259802

Agent for Service of ProcessAgent for Service of Process

Bruce CovingtonBruce Covington

6125 Pine St.6125 Pine St.

Bell Gardens, CA 90201Bell Gardens, CA 90201

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Explain Your ClaimExplain Your Claim

Money Judgments Money Judgments (provide dates and explain (provide dates and explain how you arrived at a particular dollar amount)how you arrived at a particular dollar amount) On 11/2/09 Maria Cortez stopped paying on contract On 11/2/09 Maria Cortez stopped paying on contract

dated 7/9/09. The remaining balance to be paid is dated 7/9/09. The remaining balance to be paid is $438.22$438.22

Conditional JudgmentsConditional Judgments ““Return of 1988 Toyota Corolla VIN# or $5,000”Return of 1988 Toyota Corolla VIN# or $5,000”

RescissionRescission ““The phone service I ordered with Pacific Bell never The phone service I ordered with Pacific Bell never

worked. I would like to have this contract rescinded.”worked. I would like to have this contract rescinded.” It is still a good idea to indicate a dollar amount on the It is still a good idea to indicate a dollar amount on the

claim. The judge may find that a monetary judgment is claim. The judge may find that a monetary judgment is appropriateappropriate

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Determine VenueDetermine Venue

Where to sue:Where to sue: Where the defendant resides or does Where the defendant resides or does

business business Where the defendant entered into the Where the defendant entered into the

contractcontract Where the contract was to be performedWhere the contract was to be performed Where the Real Property is locatedWhere the Real Property is located Where the Accident/Injury occurredWhere the Accident/Injury occurred

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Determine VenueDetermine Venue

If there is more than one proper If there is more than one proper venue, you may choose the one most venue, you may choose the one most convenient for you.convenient for you.

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File the Plaintiff’s Claim File the Plaintiff’s Claim (SC-100)(SC-100)

Determine which venue or courthouse Determine which venue or courthouse to file your claimto file your claim Follow venue rulesFollow venue rules

File with clerk at the appropriate File with clerk at the appropriate venuevenue

Pay Filing Fee or Request Fee Waiver Pay Filing Fee or Request Fee Waiver PacketPacket

Trial will be set 30-60 days from filingTrial will be set 30-60 days from filing

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Defendant’s CounterclaimDefendant’s Counterclaim

Defendant may file a counterclaim (SC-120)Defendant may file a counterclaim (SC-120) Must be filed at same venue as Plaintiff’s Must be filed at same venue as Plaintiff’s

claimclaim Pay Filing Fee or Request Fee Waiver PacketPay Filing Fee or Request Fee Waiver Packet Defendant’s claim will be heard on same day Defendant’s claim will be heard on same day

as Plaintiff’sas Plaintiff’s All of the following procedures are the same All of the following procedures are the same

for Defendant as for Plaintiff.for Defendant as for Plaintiff.

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Serving the ClaimServing the Claim

Certified Mail Certified Mail Sheriff Sheriff Personal ServicePersonal Service Substituted ServiceSubstituted Service

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Certified MailCertified Mail

Certified Mail through the clerk Certified Mail through the clerk Only the clerk can send claim through Only the clerk can send claim through

certified mailcertified mail The fee is $10The fee is $10 You should call before the hearing to make You should call before the hearing to make

sure that the clerk has filed a sure that the clerk has filed a Proof of Proof of Service Service at least 5 court days before the at least 5 court days before the hearinghearing

Generally the least effective method of Generally the least effective method of serviceservice

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SheriffSheriff

SheriffSheriff In Orange County, contact the Sheriff’s In Orange County, contact the Sheriff’s

Office that is nearest the defendantOffice that is nearest the defendant Fill out a Fill out a Sheriff’s Instruction SheetSheriff’s Instruction Sheet The fee is $30The fee is $30 Make sure the sheriff returns the Make sure the sheriff returns the Proof Proof

of Service of Service to the clerk at least 5 court to the clerk at least 5 court days before the hearingdays before the hearing

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Personal ServicePersonal Service

Personal ServicePersonal Service Disinterested party- any person who is 18 years Disinterested party- any person who is 18 years

or older and who is not named on the claim or older and who is not named on the claim (e.g.., neighbor, friend, relative, legal process (e.g.., neighbor, friend, relative, legal process server)server)

- Personal service must be completed at least 15 - Personal service must be completed at least 15 days before the hearing (20 days if the days before the hearing (20 days if the defendant is out of county)defendant is out of county)

Make sure the Make sure the Proof of Service Proof of Service is returned to the is returned to the clerk at least 5 court days before the hearingclerk at least 5 court days before the hearing

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Substituted Service…Substituted Service…

Substituted ServiceSubstituted Service If the defendant cannot be found at her If the defendant cannot be found at her

home or workplace, your server can use home or workplace, your server can use this methodthis method

Your server will leave a copy of the Your server will leave a copy of the claim at the defendant’s workplace, with claim at the defendant’s workplace, with a person who appears to be in charge a person who appears to be in charge OR OR at defendant’s home with a person at defendant’s home with a person who is at least 18 years oldwho is at least 18 years old

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Substituted ServiceSubstituted Service

Substituted ServiceSubstituted Service A copy must also be mailed First Class to A copy must also be mailed First Class to

the address where the claim was deliveredthe address where the claim was delivered Substituted service must be completed at Substituted service must be completed at

least 25 days before the hearing (30 days if least 25 days before the hearing (30 days if defendant lives outside of the county)defendant lives outside of the county)

- - Make sure the Make sure the Proof of Service Proof of Service is returned is returned to the clerk at least 5 court days before the to the clerk at least 5 court days before the hearinghearing

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Getting Witnesses and Getting Witnesses and Documents to TrialDocuments to Trial

WitnessWitness Complete Complete Small Claims Subpoena and Small Claims Subpoena and

Declaration (SC-107)Declaration (SC-107) After clerk issues subpoena, have copy After clerk issues subpoena, have copy

served on witness (the plaintiff may served on witness (the plaintiff may serve the subpoena)serve the subpoena)

Return proof of serviceReturn proof of service Witness can ask for $35 dollars a day Witness can ask for $35 dollars a day

and 20 cents per mileand 20 cents per mile

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Getting Witnesses and Getting Witnesses and Documents to TrialDocuments to Trial

DocumentsDocuments Complete Complete Small Claims Subpoena and Small Claims Subpoena and

Declaration (SC-107) Declaration (SC-107) and check the box and check the box requesting witness/custodian of records to requesting witness/custodian of records to produce documentsproduce documents

Describe exactly which documents you need Describe exactly which documents you need and the reason for your request (sand the reason for your request (special rules pecial rules apply for subpoenaing “consumer records”)apply for subpoenaing “consumer records”)

After clerk issues subpoena, have copy served After clerk issues subpoena, have copy served on the witness/custodian of recordson the witness/custodian of records

Return proof of serviceReturn proof of service

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Preparing for HearingPreparing for Hearing

Attend Small Claims hearings to Attend Small Claims hearings to understand courtroom process and understand courtroom process and atmosphereatmosphere

Keep your opening statement brief and Keep your opening statement brief and straight to the pointstraight to the point

Make sure your evidence is easily Make sure your evidence is easily understood and organizedunderstood and organized

Make 3 copies of everything (1 for you, 1 Make 3 copies of everything (1 for you, 1 for the other party, 1 for the judge)for the other party, 1 for the judge)

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At the HearingAt the Hearing

Check in early with the bailiffCheck in early with the bailiff Before hearing, the bailiff will ask if Before hearing, the bailiff will ask if

you would like to try mediation. Both you would like to try mediation. Both parties must agree.parties must agree.

If you go to court, speak only to the If you go to court, speak only to the judgejudge

Address the Judge as Address the Judge as “Your Honor”“Your Honor”

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At the HearingAt the Hearing

Plaintiff presents their case firstPlaintiff presents their case first Defendant will present their case Defendant will present their case

when plaintiff is donewhen plaintiff is done Judge will ask questionsJudge will ask questions Do not interrupt the judge at anytimeDo not interrupt the judge at anytime

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JudgmentJudgment

Judge can make a decision at the hearing Judge can make a decision at the hearing or take it under submissionor take it under submission

Judge can make the Judgment conditionalJudge can make the Judgment conditional You will receive the Judges final decision in You will receive the Judges final decision in

the the Notice of Entry of JudgmentNotice of Entry of Judgment You must wait 30 days from the date of You must wait 30 days from the date of

mailing on the mailing on the Notice of Entry of Judgment Notice of Entry of Judgment to begin collectingto begin collecting

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AppealAppeal

Only a losing defendant (or plaintiff Only a losing defendant (or plaintiff who has lost a countersuit) may who has lost a countersuit) may appealappeal

Must be filed no later than 30 days Must be filed no later than 30 days after the date of mailing on the after the date of mailing on the Notice Notice of Entry of Judgmentof Entry of Judgment

Results in a Results in a Trial de novoTrial de novo Filing fee is $75.00Filing fee is $75.00 Attorneys may represent the partiesAttorneys may represent the parties

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Collect Your JudgmentCollect Your Judgment

You must take steps to collect your You must take steps to collect your Judgment. The court will not do it for Judgment. The court will not do it for youyou

You can only collect from the You can only collect from the debtor’s assets. If the debtor has no debtor’s assets. If the debtor has no assets, you will not be able to collect assets, you will not be able to collect your Judgmentyour Judgment

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Collection MethodsCollection Methods

Application and Order to Produce Application and Order to Produce Statement of Assets and to Appear Statement of Assets and to Appear for Examinationfor Examination

Record Real Property Lien Record Real Property Lien Garnish WagesGarnish Wages

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Collection MethodsCollection Methods

Levy Bank AccountLevy Bank Account Till TapTill Tap KeeperKeeper RepossessRepossess Third Party Levy/garnishmentThird Party Levy/garnishment

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Collection ResourcesCollection Resources

How To Collect When You Win a How To Collect When You Win a LawsuitLawsuit by Nolo Press by Nolo Press

Sheriff’s Procedural Manual Sheriff’s Procedural Manual by by California State Sheriff’s AssociationCalifornia State Sheriff’s Association

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FAQFAQ

How do I locate the defendant?How do I locate the defendant? What is the most I can bring an action for?What is the most I can bring an action for? How many times can I bring an action in a How many times can I bring an action in a

year?year? What is the proper venue for my case?What is the proper venue for my case? How do I serve the other party?How do I serve the other party? How do I add a spouse to a claim?How do I add a spouse to a claim?

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Small Claims ResourcesSmall Claims Resources

Everybody’s Guide to Small Claims CourtEverybody’s Guide to Small Claims Court

by Nolo Pressby Nolo Press How to Collect When You Win a LawsuitHow to Collect When You Win a Lawsuit

by Nolo Pressby Nolo Press CCP 116.110-116.960CCP 116.110-116.960 Access to Access to www.legalresolutions.com and and

www.occourts.org