The Los Angeles Superior Court website has a number of tools to assist you in filing a small claims lawsuit.
Small claims courts in Los Angeles are informal courts that hear legal disputes in which no more than $7,500 is being claimed by an individual plaintiff.
Small claims are subject to statutes of limitations, which means you must file your claim within a specific amount of time. In most cases, a claim must be filed within two to three years from the date of the financial injury.
Instructions
1. Write a letter to the defendant to attempt to resolve the problem without judicial assistance. Los Angeles Superior Court requires that a plaintiff contact the defendant before filing a lawsuit. While contacting the defendant in person or by telephone is permissible, written communication the preferred method because it can be used as evidence to demonstrate your efforts.
In a letter to the defendant, be specific about what you are asking the defendant to do. If you are demanding payment, include the specific amount requested. Make a copy of any communication you make with the defendant in case you need to present it in court as evidence.
If the issue cannot be resolved informally, and you are demanding $7,500 or less, proceed with filing a lawsuit in small claims court.
2. Choose the correct courthouse in which to file your small claim. Actions usually are filed in the courthouse located closest to where the defendant resides. The Los Angeles Superior Court website has a Filing Court Locator, which can assist you in determining the proper courthouse in which to file your claim. If you know the city the defendant lives in, or his zip code, the locator will tell you the courthouse in which you should file your claim.
3. Complete "Plaintiff's Claim and Order to Defendant" (Form SC-100). On the form, you must list the name, address and phone number of any plaintiff, including yourself, on whose behalf the lawsuit is being filed. You also must list the name, address and phone number of any defendant who the lawsuit is being filed against.
The third section of the form requires that you set forth how much money you are owed by the defendant, how you calculated the amount owed, and a description of why the defendant owes you the money.
Form SC-100 also requires you to indicate whether you have tried to resolve the dispute with the defendant on your own. If you have not, an explanation for failing to do so must be provided.
You also must indicate why you are filing your small claim at the courthouse you have chosen, whether or not the lawsuit involves a fee dispute with an attorney, if you are suing a public entity, and whether you have filed more than 12 separate small claims within the last year.
4. File Form SC-100 with the courthouse. You can file the form in-person at the clerk's office, online or by fax. The filing fee is not fixed and depends on the amount you are demanding from the defendant, the number of claims you have filed within the past 12 months and your filing method. The Los Angeles Superior Court website contains information that will help you calculate your filing fee. The maximum filing fee is $100.00.
If you are experiencing financial difficulties, contact the small claims clerk at the courthouse. The clerk might be able to waive the filing fee if you meet certain income requirements.
After receiving your filing, the court will assign a hearing date.
5. Notify the defendant, at least 20 days before the hearing date, that you have filed a lawsuit against him by serving him with a copy of the filed lawsuit.
Anyone over the age of 18, and who is not a party to the lawsuit, can serve the legal papers on the defendant. Many people utilize a process service or their county sheriff/marshal to serve the defendant in person.
Once the defendant has been notified of the lawsuit, the server must complete the Proof of Service (Form SC-104) informing the court of the details of how the defendant was served. Within five days of the hearing date, you must file the Proof of Service with the court.
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