Small claims is a court that resolves disputes quickly.Its own 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 need to 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 the paperwork.
Step 1: If you can use small claims court, 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 potentially be worth more than these amounts.There are limits on the number of suits you can file.You can't file more than 2 cases in small claims court for $2,500 each.You have to be 18 or older.The court will need to appoint a guardian ad litem if you are under 18.
Step 2: Make a demand.
To file a lawsuit in small claims court, you have 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 the small claims court.
You won't have the same rights and protections if you file a lawsuit in small claims court.A person can't appeal if the other person wins.The defendants may appeal.You can't have an attorney at the trial.If you need legal advice, you should meet with an attorney and take notes during your appearance in small claims court.
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 choose a court based on where you live.You have to pick the court based on where the person lives.The person lives in the zip code.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 in 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.There is a small claims court.The contract was signed or carried out in that location.
Step 5: The correct forms should be obtained.
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.If you have a question, you can call the small claims court adviser.The adviser is open from 1 to 4 P.M.
Step 6: You have to complete the forms.
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, check with the state or local licensing agency.For the defendants involved in your small claim lawsuit, make copies of the paperwork for yourself.
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 provided 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 in the list.
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.You will have to pay the process server.A friend or relative who is not part of the lawsuit may serve.The notice should be certified mail.It will cost a small amount.You can't give service on your own.
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 by the clerk if the sheriff or process server made service.At least 5 days before the trial, this form must be filed.