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California What is Proof of Service - Small Claims

Bakersfield California What is Proof of Service - Small Claims

Name: Bakersfield California What is Proof of Service - Small Claims
Brand: US Legal Forms
Rating: 4.57 (226 reviews)

Category:

California Civil Procedure - Statewide - Small Claims

State:

California

City:

Bakersfield

Control #:

CA-SC-104B

Format:

Instant download

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Public form

Description

This form, What is Proof of Service (Small Claims), answers the what, how and who's about a "Proof of Service." USLF control no. CA-SC-140B

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How to fill out Bakersfield California What Is Proof Of Service - Small Claims?

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FAQ

No. Representation by attorneys and advocates is not allowed at the Small Claims Court. You may obtain advice on the merits of your claim from an attorney beforehand. The legal assistants and clerks of the Small Claims Court will be able to assist you free of charge.

Serve the Subpoena. It must be served within a ?reasonable time? in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

Certified mail by court clerk - The court clerk may serve the claim form on the defendant by certified mail and restricted delivery, and charge you a fee of $10 for each defendant. The court clerk receives a return receipt indicating that the person identified by you for service signed for the certified mail.

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.

If you want to defend yourself against the claims made by the other side, file a ?Notice of Your Intention to Defend? within 15 days of the date that you receive the Complaint. You have 60 days in certain circumstances (e.g., you are out of state or own a business with a resident agent).

Once your server fills out and signs the Proof of Service, you must file it with the court at least 5 days before your court date.

You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year.

You yourself can file your claim with the court even without a lawyer representing your case. The Revised Rules of Procedure for Small Claims Cases (Revised Rules), as amended, provides for a step-by-step procedure on how to do this.

You are not allowed to have a lawyer represent you at the hearing in small claims court. But you can talk to a lawyer before or after court. In general, an individual cannot ask for more than $10,000 in a claim. Businesses cannot ask for more than $5,000.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Bakersfield California What is Proof of Service - Small Claims

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