Santa Maria California Plaintiff's Claim and Order to go to Small Claims Court

State:
California
City:
Santa Maria
Control #:
CA-SC-100
Format:
PDF
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Description

Plaintiff's Claim and Order to Defendant: This form instructs a Defendant that he/she has been named in a small claims court lawsuit. In addition, the form supplies the Defendant with the claims made by the Plaintiff, and demands that he/she be present at the trial on the matter.

Santa Maria California Plaintiff's Claim is a legal document filed at the Small Claims Court to initiate a lawsuit by a plaintiff seeking compensation for damages or seeking resolution for a dispute. This claim allows individuals and businesses residing in Santa Maria, California, to pursue legal action in small claims court to resolve minor disputes quickly and affordably. There are various types of Santa Maria California Plaintiff's Claim and Order to go to Small Claims Court, depending on the nature of the dispute. Some common types include: 1. Personal Injury Claims: These claims can be filed by individuals who have suffered physical or emotional harm due to someone else's negligence or intentional actions. Examples include slip and fall accidents, dog bites, or injuries caused by defective products. 2. Property Damage Claims: These claims involve seeking compensation for damages caused to personal property, such as vehicles, homes, or belongings. Examples include car accidents, vandalism, or landlord-tenant disputes. 3. Breach of Contract Claims: These claims arise when one party fails to fulfill their obligations as stated in a legally binding contract. This could involve disputes related to services, employment agreements, or sales contracts. 4. Consumer Protection Claims: These claims involve disputes between consumers and businesses regarding unfair or deceptive business practices, such as false advertising, product defects, or fraudulent transactions. 5. Landlord-Tenant Claims: These claims typically involve disputes between landlords and tenants, such as unpaid rent, security deposit issues, or eviction disputes. To initiate a Santa Maria California Plaintiff's Claim and Order to go to Small Claims Court, the claimant must provide the court with pertinent information, including their name and contact details, the defendant's name and contact details, a detailed description of the claim and the amount being sought, supporting documents or evidence, and any relevant witnesses. It is crucial to accurately and thoroughly complete the required forms to ensure the court can properly process the claim. Overall, Santa Maria California Plaintiff's Claim and Order to go to Small Claims Court provides a simplified and cost-effective means for individuals and businesses in Santa Maria to seek legal recourse in minor civil disputes or pursue compensation for damages suffered.

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FAQ

You must arrange to have the subpoena served personally on the person named in the subpoena. The subpoena can be served by a constable, sheriff, private process server, or any person over eighteen years old who is not a party to the case. Along with the subpoena, you must also serve a check for a witness fee.

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.

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'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.

?A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the

Go to your county clerk's office and let them know you'd like to file a small claim. The clerk's office will give you paperwork to fill out with basic information for your case: your name (the plaintiff), the name of the person or business you're suing (the defendant) and the amount you're asking for.

If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.

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Purpose of Process, The small claims court acquires jurisdiction to hear the case when the Plaintiff's Claim and Order to Defendant is served on the defendant. Simply put, actions in San Luis Obispo County are filed in the Superior Court of California, County of San Luis Obispo.1353 NW 16th St Miami, FL 33125-1622.

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Santa Maria California Plaintiff's Claim and Order to go to Small Claims Court