California Small Claims Forms

California Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about California Small Claims Forms

  • How long does it take to file small claims in California?

    Filing small claims in California can be a straightforward process, generally taking just a few days once you have completed the necessary paperwork. You need to gather details, fill out the California Small Claims Forms, and then submit them to the appropriate court. After filing, the court will schedule a hearing date, typically within 30 to 70 days. Using a reliable platform like uslegalforms can help streamline your filing process and ensure you're prepared.

  • Is it worth going to small claims court for $500?

    Deciding whether to go to small claims court for $500 depends on your situation. If you believe the amount owed is justly yours and you can provide adequate proof, pursuing your claim may be worthwhile. Additionally, small claims court offers a quicker, more affordable avenue for resolution compared to traditional court. By using California Small Claims Forms, you can facilitate your claim and increase your chances of a favorable outcome.

  • What kind of damages can you sue for in small claims court in California?

    In California small claims court, you can sue for a variety of damages, including unpaid debts, property damage, and breach of contract. The law allows you to recover actual monetary losses, up to a limit of $10,000 for individuals. It's essential to prove your claim with relevant evidence, such as contracts or receipts. Utilizing California Small Claims Forms can simplify this process and help you navigate the court system effectively.

  • How to prepare for small claims court in California?

    Preparing for small claims court in California involves gathering all relevant evidence, including documents and witness statements. Familiarize yourself with the California Small Claims Forms applicable to your case, ensuring that all necessary forms are filled correctly. Lastly, practice your presentation to feel more confident on your court day.

  • How to start a declaration for court?

    Starting a declaration for court requires a clear introductory statement of your identity and your relationship to the case. Clearly outline your beliefs or claims, presenting them in a logical order. For guidance in structuring California Small Claims Forms, consider using templates that can help you present your declaration succinctly.

  • How to fill a customer declaration form?

    Filling out a customer declaration form typically starts with your personal details, such as your name and contact information. Next, articulate the purpose of your declaration and any information pertinent to the matter at hand. Using California Small Claims Forms can make this process easier by providing you with a structured format.

  • How to write a declaration in California family law?

    Writing a declaration in California family law involves stating your facts clearly and directly. Begin with an introduction to your relationship to the case, followed by chronological events or circumstances relevant to your claims. Utilizing the California Small Claims Forms can streamline the process, helping you to present your case effectively.

  • How to fill out a declaration of mailing?

    To complete a declaration of mailing, write your name, address, and the details of the documents you mailed. Indicate the date and the method used for mailing. This form is crucial in ensuring that the California Small Claims Forms were properly sent to all parties involved, safeguarding your interests in court.

  • How to fill out a joint declaration form?

    Filling out a joint declaration form requires both parties to provide their names and case number. Each party must detail their agreement or shared statements, ensuring clarity and consistency in information. Consider using the California Small Claims Forms as a resource to guide you through this process effectively.

  • How to fill out form mc 031?

    To fill out form MC 031, start by clearly writing your name and case number at the top. Next, provide the necessary details in the designated sections, such as your relationship to the case and any relevant information that supports your statement. Remember to review your entries for accuracy and completeness before submitting your California Small Claims Forms to the court.