File a lawsuit in California small claims court.
California small claims courts handle civil disputes where the amount of money in question does not exceed $7,500. Anyone over the age of 18 can file in small claims court. Common examples of small claims cases are landlord/tenant disputes, car accidents and non-payment of a debt. If you are not satisfied with the outcome of your small claims case, you have the right to appeal to a higher court.
Instructions
1. Determine which small claims court has jurisdiction in your case. Generally, you must file in the county where the defendant lives or does business. The California Courts website includes a list of the state's small claims courts (see Resources below).
2. Prepare your claim forms. Each county has its own process for filling out forms, but you must fill out Form SC-100, "Plaintiff's Claim And ORDER To Go To Small Claims Court/Information For The Defendant" (see the link in the Resource section below).
3. File your claim with the clerk of court and pay the required filing fee. As of 2010, the filing fee ranges from $30 to $75 depending on the amount of money you are asking for.
4. Serve the defendant with the paperwork. In California, this can be accomplished by personal service, substitute service or certified mail by the clerk of court. The rules for each type of service can be found on the California Courts website. If you use certified mail you must pay the clerk a fee.
5. File the proof of service form (SC-104) with the court after the server has signed it, verifying that service has been accomplished.
6. Appear on the date and time set by the court. Present your case along with any documentary or testamentary evidence. The judge will make a ruling that day or within a short time after the hearing.
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