After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
In California, small claims court is designed for resolving disputes involving amounts up to $12,500 for individuals, making it a suitable venue for your case involving $2,000 in damages.
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.
Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
A "Proof of Service" is a one-page document that must be attached at the back of every document filed in bankruptcy court, whether the document was filed on a docket in a bankruptcy case or in an adversary proceeding. The "Proof of Service" document is a mandatory form.
If proof of service of the summons has not been filed within 60 days of the complaint's filing, the court may dismiss the action without prejudice.
The proof of service must be signed by the process server under penalty of perjury, affirming the accuracy and truthfulness of the statements therein. And the affidavit is signed by the process server in front of a notary who puts them under oath that their statements therein are accurate and truthful.