To file or defend a case in Small Claims Court in Santa Clara County California, a person must be at least 18 years of age or legally emancipated, and mentally competent. Individuals can file a Small Claims Action if their claim is for $7,500 or less. If an individual operates a partnership, a corporation or any other type of entity other than a sole proprietorship, the maximum claim amount can not exceed $5,000. In California, a person cannot file more than 2 claims exceeding $2,500 in Small Claims Court during any calendar year. In other words, if you file 2 claims of $4,000 in one year, all other claims filed the same year must not exceed $2,500.
Instructions
1. Prepare your case. A person is not allowed attorney representation in Small Claims Court. As such it will be up to you to prepare your own case. Gather all written documents pertaining to your case and bring them with you to court. Make extra copies of everything.
2. Get the correct forms either from a small claims court or the Judicial Council's website at courts.ca.gov. The form you will need is Plaintiff's Claim and Order to Defendant (SC - 100). If you are a business with a fictitious business name, file a Fictitious Name Declaration (SC - 103).
3. Fill out, sign and file the form. Santa Clara County has 3 courts where a claim can be filed. To avoid having the case dismissed file in the right court. The right court is the one where the defendant (the person you are suing) resides.
4. Serve the defendant with a copy of the Plaintiff's Claim and Order to Defendant (SC- 100). The defendant has to be served before a hearing date can be set. The court clerk can serve the Plaintiff's Claim and Order to Defendant by sending it certified mail and restricted delivery. Alternatively, someone other than you who is over 18 years old and not a party in the lawsuit can personally give the defendant a copy of the Plaintiff's Claim and Order to Defendant. Finally, a professional process server can serve their papers for a fee. File the Proof of Service (SC - 104) form with the court and you will receive a hearing date.
5. Attend your hearing to make your case before a judge.
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