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Start a case Form NameForm NumberGuidePlaintiff's Claim and Order to Go to Small Claims CourtSC-100Fill out forms to start a small claims caseOther Plaintiffs or Defendants (Attachment to Plaintiff's Claim and ORDER to Go to Small Claims Court)SC-100AFictitious Business Name (Small Claims)SC-1033 more rows
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.
An action shall be brought to trial within five years after the action is commenced against the defendant. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction.
Filing Your Lawsuit Prepare Your Court Forms. Complaint: To start a limited civil lawsuit, the plaintiff (the person who starts the case) files several forms. ... File Your Papers in Court. ... Serve the Defendant. ... If the Defendant Does Not Answer, File for a Default.
Tell the court and other side if you are suing on behalf of your business that has a Fictitious Business Name.
Personal injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered. Breach of a written contract: Four years from the date the contract was broken. Breach of an oral contract: Two years from the date the contract was broken.
In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.