How would I file a civil suit or small claims case in California? I keep trying various searches, but end up with hinky legal form sites. Do I just go to the local courthouse? Get a lawyer? Is such info available on the Web?
The search I used was filing small claims california.
Be sure to write a letter to the person you want to sue first asking them to pay you what is owed.
You can’t file in California until you do that.
My landlords are the devil. They know quite well what they have wrought.
Inkleberry SMASH!
If you don’t write the letter and mail it to the landlords, the judge will likely ask you, “So did you write a letter to them first?”
With small claims, you’re going to have serve the papers yourself and hire somebody to do it. The courts will do it, but they don’t try very hard in my experience.
The first time I took someone to small claims court I bought a book from Nolo Press. It explained everything in detail and I easily won my case. I have since gone to small claims court on 2 other occasions and won each time. I found dealing with legal issues and going to court very interesting and went to school and became a licensed paralegal. I have used other Nolo books for bankruptcy and property disputes and my clients have all been done very well. I’m only 2-2 in dealing with traffic tickets, that is an area I need to work on. BTW, none of the tickets were mine, I haven’t been pulled over since 1979. My local library carries many of the Nolo titles, one near you may have them too.
In New York, and other states’ rules may differ, there are people called Constables, who are not police, but merely folks with other jobs, retired, etc., who are appointed to the job by the courts and will “officially” serve papers, and certify and testify to that effect if needed, on payment of a small fee. They may be listed in the phone book, or your local court will have information on how to get in touch with them.
That page Otto linked to is fascinating. You can’t have a lawyer in small claims in CA? Only defendants are allowed to appeal? Wow.
By the way,here is a link to the Alameda County Court Clerk’s small claims page. It has similar info to the page above plus links to the forms you’ll need. Good luck. (this is assuming you’re in that county, which I chose based on your location)
I’ve seen Small Claims in action once when I was on jury duty. The judge was hearing some cases before our part of the trial started. He also did some traffic cases. He went through those very quickly. Faster than Judge Wapner would. He didn’t break for commercials.
I don’t know if any of the Small Claims cases were contested, so most of the people got default judgments. If you get one of those, good luck on getting it enforced.
The traffic cases were more interesting because often the police officer writing the ticket was there to testify. If that was the case, the defendant was usually toast.