If you file a case, you are called the Plaintiff. The person you sue is the Defendant. You start your case by filling out an SC-100 Plaintiff's Claim form and filing it with the court clerk. Be sure you name the Defendant correctly or you may not be able to collect your judgment.
In many cases, filing in small claims court is the fastest and easiest way for people to legally settle their disputes. The person suing is the plaintiff, and the person being sued is the defendant. A person cannot sue for more than $12,500 in most cases. A business or public entity cannot sue for more than $6,250.
In many cases, filing in small claims court is the fastest and easiest way for people to legally settle their disputes. The person suing is the plaintiff, and the person being sued is the defendant. A person cannot sue for more than $12,500 in most cases. A business or public entity cannot sue for more than $6,250.
Steps to an Alameda County Small Claims Lawsuit Demand payment from the other party before suing. Prepare the lawsuit using Plaintiff's Claim and Order to Go to Small Claims Court. File the lawsuit with the court. Serve the lawsuit on the party you sued. File the Proof of Service. Prepare your evidence.
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.
You must execute the judgment. A document called a writ of execution must be prepared, attested to by the clerk of court, and delivered to the sheriff. This gives the sheriff the power to take possession of any non-exempt personal property and, if necessary, real property.
How to file a small claim in California Step 1: Filing the paperwork. Go to your county clerk's office and let them know you'd like to file a small claim. Step 2: Serving the papers. Step 3: Going to court. Step 4: The final judgment. Step 5: Collecting your judgment.
In South Carolina, a judgment lien can be attached to real estate only.
S.C. Code Ann. § 15-35-810. A judgment becomes a lien on real property for a period of 10 years.