This form is a Complaint For Declaratory Judgment for Return of Improperly Waived Insurance Premiums. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Declaratory Judgement Expenses In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000264
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Word;
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FAQ
Electronic filing (e-Filing) for unlimited, limited, complex civil, unlawful detainers and small claims cases will start as optional with the anticipation of e-Filing being mandated for attorneys and represented parties effective September 1, 2021, unless there is an exemption.
Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.
An individual, which includes a sole proprietorship, may file a claim up to a maximum of $12,500. Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court.
The purpose of a Memorandum of Costs After Judgment is to recover the costs associated with the lawsuit from the losing party. This can include the costs of filing fees, service of process fees, and expert witness fees, among others.
On your Memorandum of Costs After Judgment (MC-012), you must include the exact amount of all allowable costs, the payments credited toward the principal and interest, and the amount of accrued interest. This means you are responsible for calculating these amounts.
Some costs are easy to add, and you can use the form Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest. For costs not described on this form, you have to make a formal noticed motion. Sometimes, the court will allow you to add attorney's fees.
Once a case is filed in San Diego Small Claims Court, the hearing will be scheduled within 30- 70 days. You must notify the person you sued at least 15 days before the hearing if they live in San Diego County.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.