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.
Contra Costa County Clerk-Recorder's Office Interested individuals should visit the Clerk-Recorder's website. Choose a preferred method of request—online, in-person, or by mail—and follow the provided instructions. Inquirers can also contact the office at (925) 335-7900 to make further inquiries.
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.
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.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
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.
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.
SC-100 Plaintiff's Claim and ORDER to Go to Small Claims Court.