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Here are three basic steps in filing a claim: Step 1: Fill out and sign a "Claim of Plaintiff", form. You will need this information: The right place. You need to file your claim in the proper courthouse. Depending on the reason you are suing, this can be where the dispute took place, where the person you are suing lives, where the firm you are suing does business, where the contract you made was supposed to be fulfilled or where the accident that led to your dispute took place. Check with the small claims advisor, who you can contact through your county small claims court, to be sure you file in the right place. The defendant's proper name. This is very important. If you do not correctly state the name of the person or company in your claim, the case may be dismissed. Then, you may have to start over. An incorrect name also may cause problems when you try to collect money from the defendant. If you sue individuals, you will need each person's full name and address. For a business, you will need the names of the company and the owners. When a corporation is involved, be sure to get its full name and address. You also need the name and address of an officer or some other person that legally can be notified of a lawsuit. You can get this information about corporations that do business in California from the corporate Status Division, Secretary of State, 1230 J Street, Sacramento, California 95814. Or call the Division at 916/445-2900. The facts of the dispute. You must know exactly how much money you are claiming, the reason why you are claiming the money, and the date and place that the dispute got started. Step 2: Pay the filing fee. If you cannot afford this fee or any other costs involved, you may not have to pay. Ask the clerk for a "fee waiver form." Stop 3: Notify the defendant. You must arrange to have a copy of the Claim of Plaintiff "served" or delivered to each defendant you are suing. The law says that any person who is 18 or older and who is not involved in the case can deliver the notice. There are four ways in which you can notify the defendant. You can arrange to have someone from the sheriff's, marshal's or constable's office serve the notice. Although it costs more, you can hire a "process server" to make the delivery. The court clerk can send the notice for you by certified mail for a small fee for each defendant. Or, a friend can act as a process server for you. If you win the case, you may be able to get back the cost of serving the Claim of plaintiff. If you use a process server or a friend, be sure the person completes and signs the form saying that the notice was delivered to the defendant. This notice is called "Proof of Service." The person also must return the form to the small claims clerk's office. A friend also must understand that the Claim of Plaintiff must be served personally on the person being sued, it cannot be left on a doorstep or stuffed into a mailbox. Defendants must receive the Claim of Plaintiff at least 10 days before the hearing, if they live in the county where it will be held. If they live outside the county, they must receive it at least 1 5 days before the hearing. Otherwise, unless a defendant chooses to show up and say "let's go ahead anyway," the judge must delay the hearing for at least 15 days. In some cases, you may be able to use "substituted service." This means that someone other than the defendant can receive the notice that you are suing. See your small claims advisor to find out if you can, or should, use substituted service.
CAUTION! Please remember that no information found at this site can replace a face to face meeting or telephone consultation with a "real live" attorney about your particular case, problem or question. The information you find here or in the answers should just be a starting point in finding your answers. |
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