Dispute Claim Form Without Attorney In Santa Clara
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FAQ
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.
Fill out the Summons (form SUM-100) and a Complaint. Also, fill out a Civil Case Cover Sheet (form CM-010). Since you are the one filing a lawsuit, you're called the plaintiff. The person or company you're suing is the defendant.
The Small Claims Hearing You must submit copies of your evidence to the court and to each party in your case at least 10 days prior to the hearing. When submitting evidence, you must complete form LASC CIV 278 and use LASC CIV 279 mailing labels.
To file or defend a case in small claims court, you must be (a) at least 18 years old or legally emancipated, and (b) mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court.
As an individual you can use Small Claims Court if your claim is for $12,500 or less. If you are an individual who owns a business (i.e. sole proprietor) and do business under a fictitious business name, you are considered to be an "individual" in Small Claims Court.
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.
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.
As an individual you can use Small Claims Court if your claim is for $12,500 or less. If you are an individual who owns a business (i.e. sole proprietor) and do business under a fictitious business name, you are considered to be an "individual" in Small Claims Court.
If you don't appear, the court may issue a judgment against you in your absence (provided that plaintiff offers sufficient evidence of the amount owing). In that event, you would have to prepare and file a request to overturn this judgment, which may entail yet another hearing.
