Best Small claims paralegal services in Irvine and nearby metros.
What is small claims and how do you file your small claims court lawsuit in Irvine, California?
First, what is small claims court?
Small claim is when a person (plaintiff) is suing another person (defendant) for money. Small claims court in California requires that the plaintiff who is suing another individual is seeking $10,000 or less in a claim. In California, small claims court disputes are usually handled quickly and inexpensively. In a small claims case the person does not hire an attorney and the case is heard by a judge who hears both the plaintiff and defendant’s version of the incident. A small claims court in California has some requirements. One such requirement is who can file.
A person who is 18 or older can file a small claim in court. If it is someone younger, then 18 you can appoint a guardian-ad-litem who will act on the minor’s behalf. The person that is suing can be an individual or a corporation. When a corporation is filing a claim it needs an employee or officer/director to act on its behalf. The small claims court in Irvine also requires certain actions by the plaintiff and the defendant.
In California, there are some requirements that need to be met.
Usually both the plaintiff and the defendant have similar requirements.
- The first requirement is for the plaintiff to contact the defendant in order to see if they can resolve the problem. The court usually will require both the defendant and the defendant to make an effort to resolve the issue.
- The second requirement is for both the plaintiff and the defendant to learn and familiarize themselves on how the small claims procedure works and the time limits.
- The third requirement is for the plaintiff to determine how much she/he is seeking in monetary damages. This amount is $10,000 or less in order to file in small claims court.
- The fourth requirement is to file a claim by submitting a claim form. This form is called the Plaintiff’s Claim and Order to Go to Small Claims Court Form SC-100. If the person suing is a business they would need to file an Authorization to Appear form (SC-109).
- The fifth requirement is for both the plaintiff and the defendant to prepare their documents that they want to show to the court. For example: photographs and witness statements. These documents are called evidence and is needed to prove one’s case.
- The sixth requirement is for both the plaintiff and the defendant to attend the hearing and present their case. Unlike an unlimited case or a criminal case, you cannot appeal from a ruling by the judge in a small claims case. This means it is very important that both parties gather all relevant evidence and present their case to the best of their abilities.
Smart LDA has your back with small claims court in Irvine
Usually you can file your claim in the county you live in. The court that you will chose to file your claim is where the defendant lives or does business or where the accident happened or where the contract was entered into. It is important to familiarize with your counties rules since every county and district has their own requirements. The small claims court in California has several locations such as Los Angeles County and Orange County. Smart LDA helps you with your small claims court lawsuit in Irvine.