This form, Other Plaintiffs or Defendants (Small Claims), is an attachment to form SC-100, to list additional plaintiffs and defendants to a claim and order. USLF control no. CA-SC-100A
This form, Other Plaintiffs or Defendants (Small Claims), is an attachment to form SC-100, to list additional plaintiffs and defendants to a claim and order. USLF control no. CA-SC-100A
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Your Property and Wages Might Be Seized Over Debt Here's how it might go: Backed by the judgment, the creditor can request an execution from the court. That gives an enforcement officer (like a Sheriff or City Marshal) the green light to go seize and sell your stuff.
The 28 days start from when they receive the details of your claim. If you used Money Claims, the defendant has 19 days from the day the claim is made. If they need longer, they must tell the court. The most they can have is 33 days.
(a) File a claim form and pay the filing fee (Form: Plaintiff's Claim and Order to Go to Small Claims Court, Form SC-100), and (b) if you are a business, file an Authorization to Appear form (SC-109) if appropriate.
Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed.
Statutes of Limitation For example, in California, you have four years to make a claim on a written contract, and three years to file for property damage. The statute of limitations on oral contracts and personal injury is a little shorter. If you don't sue within two years, you can't.
The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000.
If you have received notice that someone is taking you to court over a small claim and you ignore it, the claimant may be able to get the court to issue a judgment forcing you to pay. Therefore, doing nothing and ignoring the creditor can work against you.
Personal injury - Two years from the date of the injury. If the injury is not immediately discovered, it is two years from the date it is discovered or should have been discovered. A minor has two years from his or her 18th birthday to file a case. Oral contract - Two years from the date the contract is broken.
If you've won your case, but the person refuses to pay, one option is to have part of their salary seized to get your money. The funds seized will then be paid into to the court office, which will send you cheques until the debt is paid in full. You can hire a bailiff to take the necessary steps for this.