Properly completed paperwork is necessary to successfully filing your small claims suit.
Small claims court is a special court in San Diego that allows an individual to sue another person or entity for any amount of money less than $7,500. However, there are certain rules that apply to filing a small claims suit in San Diego. For example, you must represent yourself in small claims court, but you can consult a lawyer before filing your suit if desired. Note that the information provided here is not intended to serve as legal advice and only serves as a general guideline for file a small claims suit in San Diego, California since each case is different.
Instructions
1. Obtain a copy of the "Plaintiff's Claim and Order to Go to Small Claims Court" form (SC-100) from the local courthouse or online at the Superior Court of California County of San Diego website. Fill in your full legal name and contact information, as well as the full legal name and contact information of the person or business you are suing.
2. Specify on form SC-100 the amount of money you are suing for (remember, this must be less than $7,500), and why you are suing. You will need to provide proof of these reasons in court, so be very accurate and detailed about the situation. Additionally, you are required to ask the person or business to pay you any monies owed before you can file a small claims suit, or you must provide the court with good reasons why you have not done so.
3. Determine the appropriate location for filing your small claims suit using the table located on the Superior Court website and identify this location on form SC-100. There are five locations within San Diego County where small claims suits can be filed, and your case must be filed in the court that serves the zipcode:
- Where you live or where the business involved is located. (If you are suing another individual, you cannot file where he or she lives.)
- Where the damage or accident happened, if applicable.
- Where the contract was signed or carried out, if applicable.
- Where the contract was broken (only if you are suing a corporation).
4. Ensure your form is filled out completely and signed. Make a copy of the form for yourself and each defendant listed on the form.
5. Take all of the forms to the appropriate small claims court location. You must pay a filing fee that will vary by location, it is recommended you call the appropriate location to determine the amount of the fee and what payment methods are accepted. The clerk will stamp your forms and give you a case number and a hearing date.
6. Keep your copy in a secure place, and formally serve a copy of the form to each of the defendants. There are several ways to do this, but the least expensive method is by having a friend or other uninterested party (a person not involved in your case) deliver the papers to the defendant pursuant to California statutes. They will then fill out a "Proof of Service" form (SC-104) which you must file with the court at least five days prior to your hearing date.
7. If you haven't already done so, use the time until your hearing date to gather all of the paperwork and proof you will need to support your claim when you go before the judge.
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