Sample Claim Statement With Debt Recovery In San Bernardino
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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.
A form called “SC-100” must be completed by you to start a Small Claims case. Once the SC-100 form is filled out, take it to the correct courthouse to file it with the court clerk.
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.
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.
In general, a natural person (an individual) cannot ask for more than $12,500 in a claim. Businesses and other entities (like government entities) cannot ask for more than $6,250.
