Whether you're borrowing money or providing a loan to someone else, a Promissory Note is usually the best way to establish a record of the transaction and make sure that repayment terms, for example, are clear and fair.
However, an “IOU†is generally regarded as only an acknowledgment of a debt, not a promise to pay the debt. However, this form is a written promise to pay a debt.
If the defendant lives in the county where you filed, you will likely receive a hearing within forty (40) days of filing the complaint. If the defendant lives outside the county where you filed, you will likely receive a hearing within forty (40) to seventy (70) days of filing the complaint.
The County of San Diego Claims and Investigation Division accepts claims by email, U.S. mail, and in-person. Please complete and sign Claim Form CD-1 and email it with supporting documentation to: COSD.Claims@sdcounty.ca.
An individual, which includes a sole proprietorship, may file a claim up to a maximum of $12,500. Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
In California, small claims court is designed for resolving disputes involving amounts up to $12,500 for individuals, making it a suitable venue for your case involving $2,000 in damages.
1. Who can file a claim? An individual, which includes a sole proprietorship, may file a claim up to a maximum of $12,500. Only the actual party to the claim may file.
Small claims basics Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
What Methods Can Creditors Legally Use to Collect Debts? Wage Garnishments. The amount that a creditor may garnish from a consumer's wages is limited by state and federal law. Property Liens. Lien Priority. Levies and Assignments. Contempt Orders.
