California Small Claims Court

By: Kum Martin
Submitted: 2007-01-17 16:23:42
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Small claims court is a department that handles personal disputes, usually when someone owes you money but refuses to pay. Often however it is to collect remuneration for damages. The claims are generally for sums less than $2500 dollars.

In order to file a claim, you must fill out a Plaintiff’s Claim and pay between 30 and 75 dollars depending on the size of the claim. The clerk will provide a case number, and time and date of your trail. Don’t wait too long to file a claim. Your right to sue over an issue only lasts 2 to 4 years. The next step is to serve the lawsuit, or to present the defendant with the lawsuit. This must happen at least 15 days prior to trial. Anyone adult except the plaintiff may do so. Many people hire someone from the Sheriff’s Department.

Although you may consult with an attorney about the trial, an attorney is not allowed to represent you at the trial itself. You must make sure to prepare all evidence yourself, such as bill, receipts, contracts, photographs or witnesses to substantiate your case.

It is crucial to note that you must share all of your evidence with both the court and with the defendant before trial. If you have evidence that was not shared with the defendant, it will be inadmissible in court.

Remember to be polite, don’t interrupt, and speak only to the judge. If the judge finds in your favor, you will have many avenues to collect, but remember that the defendant has 30 days to appeal the decision.

Article source: Expert Articles

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