The small claims court resolves disputes quickly and cheaply.The rules are simple and informal.If you want to file your case in San Diego, California, you must first get the appropriate paperwork from either a small claims court location or the San DIEGO courts website.After you have filled out the paperwork, you must take it back to the small claims courthouse, file it with the county clerk, and pay the applicable filing fees.You can attend the hearing for your small claim lawsuit after you have served your paperwork.
Step 1: If you can use small claims court, you should check it out.
If you are a business or corporation, your claim can't be more than $5,000 if you're a natural person.You will give up your right to recover any amount over these limits if you have a claim that could be worth more than these amounts.There are limits on how many suits you can file.You can't file more than 2 small claims court cases for $2,500 each.You must be at least 18 years old.The court will need to appoint a guardian ad litem to represent you if you are under 18.
Step 2: Make a demand.
To file a lawsuit in small claims court, you need to demand money.This means that you asked the other person to pay you money, but they didn't.You may have made a demand for a specific piece of property.The claim needs to be owned by the original owner.Someone cannot give you the right to file a lawsuit.If John owns Mary $800, you can't sue him even if she makes a contract with you.
Step 3: Understand the limitations of small claims court.
You won't have the same rights and protections if you go to small claims court.A person cannot appeal if the other person wins.The defendants may appeal.You cannot have an attorney at the trial.You should meet with an attorney and take notes during your appearance in small claims court if you need legal advice.
Step 4: Go to the correct court.
You need to file your lawsuit in the right court.There are two small claims courts in San Diego.You don't pick a court based on where you live.You have to pick the court based on where the person lives.The zip code is where the defendants live.The case can be heard by the court in the zip code.The business that is involved in the suit is located there.The case can be heard by the court that serves the zip code.Where the accident happened.If you were involved in an accident in a specific zip code, you need to find the court that serves it.You can bring a case to that small claims court.The contract was signed or carried out in that location.
Step 5: Obtain the correct forms.
To file a lawsuit in small claims court, you have to fill out specific forms.Pick them up at one of the small claims courts or download them.Clicking on the button will take you to the San Diego Courts website.Click on the links that say "Plaintiff's Claim and Order to Go to Small Claims Court" and "Proof of Service"You can either download the forms or type them in the PDF.You can call the small claims court adviser between Monday and Friday if you have a question.The adviser is open from 1 to 4 P.M.
Step 6: The forms need to be completed.
You should enter the names and contact information for yourself and the defendants, as well as the amount of money you are owed, when you use blue or black ink.Additional information regarding the nature of the small claim you are filing will also be prompted.You need to fill in the legal name of the person.If you don't know the exact name of the corporation, you should check with the state or local licensing agency.For the defendants involved in your small claim lawsuit, make copies of the paperwork.
Step 7: You have to pay the filing fee.
Depending on the amount of money you are suing the person for, the court fees will vary.You can see the fee schedule.Fees for small claims court begin on page 3.If you can't pay the fees associated with filing and service of process, ask the court for a fee waiver.
Step 8: You should file your claim.
The date of your court hearing will be given to you after the clerk has filed your paperwork.You can request a hearing on Saturday or the night if you can't attend during the day.To find the correct court location or division to file your paperwork, look for your zip code.
Step 9: Copies of the paperwork can be served on the person.
Notices of your lawsuit must be received by the defendants.You must serve notice at least 20 days before the trial if the person lives outside of the county.Ask the sheriff to make personal service if you want to give notice.It will cost a small fee.A professional process server can deliver.The process server will have to be paid.A friend or relative who is not a party to the lawsuit may serve.The notice should be sent in certified mail.A small fee is what it will cost.You can't give service yourself.
Step 10: You should file your proof of service with the court.
The proof of service form must be filed with the court after the defendants are served.You have to make a copy of the signed form for yourself if you have a friend serve you the papers.The form will be filed with the clerk if the sheriff or process server made service.The form needs to be filed at least 5 days before the trial.