Going to Small Claims Going to Small Claims CourtCourt

Barret BrownBarret BrownSmall Claims Advisor Small Claims Advisor

and and Civil Self-Help AttorneyCivil Self-Help Attorney

707-269-1283707-269-1283

DISCLOSUREDISCLOSURE The Civil Self-Help Attorney is a neutral person who is The Civil Self-Help Attorney is a neutral person who is

available to help all parties who have questions about available to help all parties who have questions about civil law issues. The Civil Self-Help Attorney can help civil law issues. The Civil Self-Help Attorney can help you in preparing your own forms and can give you you in preparing your own forms and can give you general information. The Civil Self-Help Attorney is not general information. The Civil Self-Help Attorney is not your lawyer and cannot go with you to court. your lawyer and cannot go with you to court.

The Civil Self-Help Attorney may provide information The Civil Self-Help Attorney may provide information and services to the other party in your case. and services to the other party in your case.

Communications between you and the Civil Self-Help Communications between you and the Civil Self-Help Attorney are NOT confidential. You should consult with Attorney are NOT confidential. You should consult with your own attorney if you want personalized advice or your own attorney if you want personalized advice or strategy or to have a confidential conversation. strategy or to have a confidential conversation.

The Civil Self-Help Attorney is not responsible for the The Civil Self-Help Attorney is not responsible for the outcome of your case. outcome of your case.

BEFORE YOU FILE YOUR CASEBEFORE YOU FILE YOUR CASE

WHO can sue or be suedWHO can sue or be sued WHEN to sueWHEN to sue WHERE to sueWHERE to sue WHAT you need to do WHAT you need to do

after you fileafter you file

WHO CAN SUE?WHO CAN SUE? The person suing is the PLAINTIFFThe person suing is the PLAINTIFF Individuals can sue: Individuals can sue:

Any person who is over 18 can sue. Any person who is over 18 can sue. If a person is under 18 or mentally If a person is under 18 or mentally

incompetent, they must have a guardian incompetent, they must have a guardian ad litem appointed to represent them.ad litem appointed to represent them.

Businesses can sue: Businesses can sue: Corporations, sole proprietorships, Corporations, sole proprietorships,

limited liability companies, partnerships. limited liability companies, partnerships.

WHO CAN BE SUED?WHO CAN BE SUED? The person being sued is the DEFENDANTThe person being sued is the DEFENDANT

A DEFENDANT can be: A DEFENDANT can be: An individualAn individual A business entity (e.g. partnership, A business entity (e.g. partnership,

corporation, sole proprietorship, etc.)corporation, sole proprietorship, etc.) A city, county or state government A city, county or state government

entity*entity*

* * NOTENOTE You must file a complaint with the government entity You must file a complaint with the government entity BEFORE you sue them in small claims court BEFORE you sue them in small claims court

WHEN SHOULD I SUE?WHEN SHOULD I SUE? You must file your claim within the You must file your claim within the

statute of limitations (“SOL”) that statute of limitations (“SOL”) that applies to your claim. applies to your claim.

If you don’t sue before the SOL is up, If you don’t sue before the SOL is up, you lose you lose even if you had a valid claimeven if you had a valid claim!!

Common SOLs: Common SOLs: Personal injury: 2 yrsPersonal injury: 2 yrs Property Damage: 3 yrsProperty Damage: 3 yrs Breach of Written Contract: 4 yrsBreach of Written Contract: 4 yrs

WHEN SHOULD I SUE, cont…WHEN SHOULD I SUE, cont… AFTER you ask the other party for AFTER you ask the other party for

what you’re suing for!what you’re suing for! You must first tell the other person what You must first tell the other person what

you want from them and give them an you want from them and give them an opportunity to respond. opportunity to respond.

You can do this in person, on the phone, You can do this in person, on the phone, by letter, email, etc.by letter, email, etc.

HOW MUCH CAN I SUE FOR?HOW MUCH CAN I SUE FOR?

If you are suing as a If you are suing as a natural personnatural person (e.g. Bob Smith), you can sue for up (e.g. Bob Smith), you can sue for up to $7500. to $7500.

If you are suing as a If you are suing as a businessbusiness (e.g. (e.g. Bob Smith Plumbing or Smith, Inc.) Bob Smith Plumbing or Smith, Inc.) you can only sue for up to $5000. you can only sue for up to $5000.

WHAT FORMS DO I NEED?WHAT FORMS DO I NEED?

SC-100: Plaintiff’s Claim and Order to SC-100: Plaintiff’s Claim and Order to go to Small Claims Courtgo to Small Claims Court

SC-104: Proof of ServiceSC-104: Proof of Service Unless you have the civil sheriff serve the Unless you have the civil sheriff serve the

defendant – they will file their own POSdefendant – they will file their own POS FW-001, 003, 005: Fee Waiver FormsFW-001, 003, 005: Fee Waiver Forms

If you are low-income, you may not have If you are low-income, you may not have to pay the filing or service fees. to pay the filing or service fees.

WHERE DO I SUE?WHERE DO I SUE? You must sue in the proper County: You must sue in the proper County:

You can always sue in the county where the You can always sue in the county where the Defendant lives. Defendant lives.

You can also sue in the county where whatever You can also sue in the county where whatever led to your lawsuit occurredled to your lawsuit occurred

Ex. If you’re suing for property damage, in the county Ex. If you’re suing for property damage, in the county where the property was damaged.where the property was damaged.

Ex. If you’re suing for breach of contract, in the Ex. If you’re suing for breach of contract, in the county where the contract was signed or performed.county where the contract was signed or performed.

Ex. If you’re suing for personal injury, in the county Ex. If you’re suing for personal injury, in the county where you were injured. where you were injured.

WHERE DO I FILE?WHERE DO I FILE?

You must file your small claims case at You must file your small claims case at the civil filing window located at the I the civil filing window located at the I Street entrance of the courthouse (at Street entrance of the courthouse (at 421 I Street – the old library entrance). 421 I Street – the old library entrance).

Filing hours are between 9AM and 4PMFiling hours are between 9AM and 4PM Be sure to file a copy for yourself and Be sure to file a copy for yourself and

one for each defendant. one for each defendant.

HOW DO I SERVE THE HOW DO I SERVE THE DEFENDANT?DEFENDANT?

By mailBy mail: : ONLY the court clerk can serve the defendant by mailONLY the court clerk can serve the defendant by mail BE CAREFUL!! If the defendant doesn’t sign, he is NOT BE CAREFUL!! If the defendant doesn’t sign, he is NOT

SERVED!!SERVED!! PersonallyPersonally: :

The civil sheriff can serve the defendant for you (for a $30 The civil sheriff can serve the defendant for you (for a $30 fee)fee)

Anyone who is over 18 and isn’t a party to the action can Anyone who is over 18 and isn’t a party to the action can serve the defendant – SC-104serve the defendant – SC-104

The defendant must be served at least 15 days before The defendant must be served at least 15 days before the hearing date (20 days if they live outside the hearing date (20 days if they live outside Humboldt County)Humboldt County)

The defendant must be served WITHIN CALIFORNIA!The defendant must be served WITHIN CALIFORNIA!

How to Find the DefendantHow to Find the Defendant If the defendant is an individual:If the defendant is an individual:

Check the phone book or a reverse Check the phone book or a reverse directory (e.g. 411.com) directory (e.g. 411.com)

Check with the county tax assessor’s Check with the county tax assessor’s office: office: 707-476-2450707-476-2450

Send a letter to their old address with Send a letter to their old address with “address correction requested”“address correction requested”

HOW DO I FIND THE HOW DO I FIND THE DEFENDANT, cont.DEFENDANT, cont.

If the Defendant is a business: If the Defendant is a business: If the Defendant is a corporation, check with If the Defendant is a corporation, check with

the CA Sect’y of State: 916-657-5448 or the CA Sect’y of State: 916-657-5448 or www.kepler.sos.ca.gov/list to find their to find their Agent Agent for Service of Processfor Service of Process

If the Defendant is a partnership or sole If the Defendant is a partnership or sole proprietorship in Humboldt County, you can proprietorship in Humboldt County, you can get an address from their business license: get an address from their business license: contact the Tax Collector’s Office: 707-476-contact the Tax Collector’s Office: 707-476-24502450

If they do business in Eureka, you can If they do business in Eureka, you can contact the City: 707-441-4120contact the City: 707-441-4120

OTHER THINGS TO CONSIDEROTHER THINGS TO CONSIDER

No lawyers allowed – you must No lawyers allowed – you must represent yourself!represent yourself!

The Plaintiff has no right to appeal if The Plaintiff has no right to appeal if they lose – but the Defendant does!they lose – but the Defendant does!

Collection can be (a lot) harder than Collection can be (a lot) harder than getting the judgment!!getting the judgment!!

ADDITIONAL RESOURCESADDITIONAL RESOURCES CA Small Claims Court GuideCA Small Claims Court Guide CA Tenants’ Guide – CA Tenants’ Guide – www.dca.ca.gov CA Self-Help Website: CA Self-Help Website:

www.courtinfo.ca.gov/selfhelp The Law Library (located on the The Law Library (located on the

ground floor of the courthouse, 4ground floor of the courthouse, 4thth Street side)Street side)

CONTACT INFOCONTACT INFO

Call if you have further Call if you have further questions: questions:

(707) 269-1283 (707) 269-1283