How to survive small claims court

1. S
HOW TO SURVIVE
SMALL CLAIMS
COURT
Franco Simone, Esq.
LandlordsLegalCenter.com
3702 4th Ave.
San Diego, CA 92103
Phone: (619) 235-6180

2. Advantages to going
to Small Claims Court
S Quick!
S All cases are heard within 90 days
S Inexpensive
S Low ($20-75) or no cost
S Simplified rules
S No attorneys allowed
S Informal hearing

3. S
Types of Claims
• Actions by Natural persons: Max $10,000
• Actions by Business entities: Max $5,000
• Actions by Natural persons for personal injuries
auto accident if Defendant has insurance policy
w/ duty to defend: Max $7,500
• Does not include costs

4. Other Limitations
SYou May Not File More
Than Two Claims for More
Than $2,500 Per Year.

5. Cases Not Covered
S Child support orders
S Workers’ Compensation claims
S Equitable relief without claim for money damages
S Defendants can’t be served in California except LL &
Motorists
S Prejudgment attachments
S Unlawful Detainers
S Claims against Dept of Correction/ Div. Juvenile Justice

6. The Litigants
Plaintiff/
Cross-
Def.:
The person
who files the
claim/CD in
cross-claim
Defendant/
Cross-
Plaintiff:
The person
whom the
claim is filed
against/CP in
cross-claim

7. Who can file a claim?
S Only the actual party to a claim
S 18+ years old OR appointed
guardian
S Corporations are represented by
a regular employee

8. Where can you file a
claim?
S Where the Defendant lives
S Where the person or property
was injured/damaged
S Where the Defendant signed
a contract OR where the
contract was broken
Use the zip code:

9. Small Claims Court Locations
S Central Division
330 West Broadway #241
San Diego, CA 92101
Small Claims Business Office
8:30 a.m.- 4:00 p.m. M-F
Telephone Hours
(858) 634-1919
8:30 a.m. - 11:30 a.m. M-F

10. Small Claims Advisor
S(858) 634-1777
8:30 a.m. - 12:30 p.m.
1:30 p.m. - 4:30 p.m.
Monday - Thursday

11. What do you need to know
about the Defendant?
S Use his/her exact legal name
S If a corporation -
see the California Secretary of State
S https://businesssearch.sos.ca.gov/
S If other business - see FBN Statement
S https://arcc-
acclaim.sdcounty.ca.gov/search/Disclaimer?st=/FBN/Search
TypeFbnByName
Otherwise, you may not be able to enforce the

12. Claims Against
Government Agencies
S 1st file a formal claim with the agency
S If claim is denied, you may file in Small
Claims Court
Claims must be filed with the
government agency within 6
months!

13. How do you notify the
Defendant that you have filed a
complaint?
S Ensure the Defendant
receives a copy of the
claim.
S Follow strict rules.
S The Plaintiff cannot
give the court papers
to the Defendant.
Methods:
S 1) Personal Service
S 2) Certified Mail
S 3) Substitute Service

14. Method #1
Personal Service
S A copy of the claim is delivered personally to
the Defendant by someone 18+ years old
S The Sheriff can “serve” the Defendant with
the court papers
Plaintiffs who qualify for a “fee waiver”
can use this service at no cost.

15. Method #2
Certified Mail
S The Clerk of the Court will send a copy of the
claim to the Defendant by certified mail.
S A small fee is charged, but can be “waived”
S NOTICE: If the Defendant does not sign the
receipt for certified mail, the process is
invalid.

16. Method #3
Substitute Service
S The court papers are personally given to
someone other than the Defendant.
S Two step process:
S 1) First copy must be delivered to
someone 18+ at the Defendant’s
residence
S 2) Second copy must be mailed to the
Defendant at the same place through
regular mail

17. “Proof of Service”
S The person who gives the Defendant
the court papers must complete a
“Proof of Service” form.
S This form must be filed with the court
clerk

18. Picking a Judge
S Judge
S Commissioner
S Temporary Judge

19. Speaking to the Judge
S Tell the judge your story as clearly and
concisely as possible.
S Tell what happened in chronological order.
S If you need a translator, bring a friend who
can speak for you.
S Example

20. How will the judge
decide my case?
Your evidence against the Defendant must be
51% more convincing
S Bring all documents, witnesses, and other
evidence including:
S Contracts
S Receipts of expenses
S Photographs
S Official records

21. What happens after trial?
S The Plaintiff has ONE chance to win
If you lose as the Plaintiff, you cannot appeal-
(Exception Cross-Claims)
S If you lose as a Defendant, you have 30 days
to appeal
S Once the judgment is final, you may collect
any amount owed to you

22. Appeal
SAttorneys are allowed
STrial De Novo - Start over

23. How Do I Collect on the
Judgment?
S Debtors Exam
S Wage Levy
S Bank Levy
S Keeper/Automobile
S Abstract of Judgment

24. Other information at:
www.sdcourt.ca.gov
Any
Questions?