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.
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.
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 California, you must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or causes “special damage;” and, The defendant's fault in publishing the statement amounted to at least negligence.
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.
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.
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.
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.
Attorneys licensed by the State Bar of California take an oath to abide by laws aimed at protecting consumers from unethical lawyers. But sometimes attorneys don't act in the best interests of their clients. Call the State Bar's multilingual Contact Center (800-843-9053) for help.