Los Angeles County Small Claims Court, California (2023)

FAQs

How much does it cost to take someone to small claims court in Los Angeles? ›

In Los Angeles County, the places where the court hears small claims matters are the small claims hub courts located in the Chatsworth, Compton, Downey, Governor George Deukmejian (Long Beach), Inglewood, Michael D.

To file or defend a case in small claims court, you must be (a) at least 18 years old or legally emancipated, and (b) mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court.

Personal injury – two years from the date of injury or from the date you discovered you were injured; Property damage – three years from the date the damage happened; Fraud – three years from the date you discover you were defrauded.

Small Claims 101

We have assisted thousands of clients with California small claims and have learned the following: The majority of cases take 2-3 months from start to finish. The hearings are scheduled 30-75 days after the lawsuit is filed. Most judges decide cases within 7-14 days after the hearing.

Statutes of limitation

For example, in California, you have four years to make a claim on a written contract, and three years to file for property damage. The statute of limitations on oral contracts and personal injury is a little shorter. If you don't sue within two years, you can't.

To start a Small Claims suit, you need to file the Plaintiff's Claim and Order to Go to Small Claims Court (Form SC-100). You can get this form for free on the internet, at www.courts.ca.gov/forms. You can also fill out the form for free at TurboCourt: http://turbocourt.com.

To collect money, you must first get an EJ-130 Writ of Execution. A Writ of Execution is an order from the court to the Sheriff that allows the Sheriff to collect money owed to you. You get a Writ of Execution at the court clerk's office.

Small Claims: You must wait 30 days after the Judgment is entered or mailed to collect your small claims judgment1. This gives the defendant the opportunity to appeal. There is no longer a wait time after an appeal. If the defendant appears at the hearing and lost, he or she has 30 days to file for an appeal.

There are no California demand letter requirements for small claims. California small claims courts do not require anything specific to be in the demand for payment letter, just require that you demand payment before filing a small claims lawsuit.

What happens if defendant doesn t show up to small claims court California? ›

If the defendant doesn't appear, the key question is whether the defendant received proper notice of the hearing. If the Proof of Service (Small Claims) (Form SC-104) shows that service of process was properly made, the judge will consider the plaintiff's evidence and decide the case, even if the defendant is absent.

Small claims court allows you to sue a person, business, or government agency that you think owes you money. Generally, you can only sue for up to $10,000 in small claims court (or up to $5,000 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.

In California, you can sue for emotional distress, even in situations where individuals were not physically harmed. Victims are able to sue on one of two grounds: Negligent Infliction of Emotional Distress, or Intentional Infliction of Emotional Distress.

A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Request for Order, etc) must be filed first and then served on the other person(s). After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers.

You will have another court hearing and must present your case again. A small claims appeal is a "trial de novo" or "new trial." This means that the case is decided by a new judge from the beginning so you have to present your case all over again.

If you do not pay, the creditor can start collecting the judgment right away as long as: The judgment has been entered. You can go to the court clerk's office and check the court's records to confirm that the judgment has been entered; and.

Whatever the reason for being at court, you must convince the judge or magistrate that he or she should rule in your favor. This is done by providing sufficient documentary evidence and witness testimony. There are different standards of proof for various types of cases.

(b) Service of complaint

The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.

What is the difference between a demand letter and a complaint? ›

A demand letter is the layperson's version of a legal complaint. In it, you state what your dispute is and why you want to handle it in court. The demand letter must also contain the amount for which you are suing or the specific relief you seek. You submit this letter to the person with whom you have the dispute.

This letter of intent to sue shall hereby be considered formal notice that [PLAINTIFF NAME] intends to file a lawsuit against you if you do not comply with the settlement demands set out in this letter. The lawsuit that will be filed against you pertains to the following dispute: [DESCRIBE INCIDENT].

In short, a demand is a form of communication, whereas a claim exists whether it is communicated or not. Lawyers ask, "Is it a good claim," meaning are there liability, significant damages, and a means to collect.

Personal Service: The claim is given to the person(s) you are suing. This must be done at least 15 days before the court date. If the person lives outside of Los Angeles County, they must be served at least 20 days before the court date.

In small claims cases, just like other cases, you can ask for "punitive damages" (damages intended to punish the counterdefendant rather than compensate you for actual loss or injury). But you'll need to prove the counterdefendant was guilty of "oppression, fraud, or malice." (NRS 42.005(1).)

To prove emotional distress, you'll need to be able to prove: The defendant had a duty to behave reasonably and to not behave outrageously or in an extreme manner likely to cause distress. The defendant breached that duty by intentionally or recklessly behaving outrageously.

Emotional Distress Examples

Emotional distress refers to the victim's emotional response to the accident and/or injuries, such as fear, sadness, anxiety, depression or grief. Several emotional, mental and psychological damages can fall under the category of emotional distress during an injury claim.

Get Ready for Small Claims Court

If the other party doesn't respond or refuses to pay, you may need to go to small claims court. Usually, small claims courts handle cases valued at $10,000 or less, though this varies by state. In small claims court, you will need strong evidence that the other party owes you a debt.

How do I write a demand letter for money owed? ›

A routine service will typically cost $65.00 – $85.00, for which your provider will make one service attempt every three days. Any increase in the urgency of the service or serving a non-urban location will correlate to an increase in price, but these rate hikes are generally uniform as well.

Summary: A process server will try their best to serve you personally. However, if they can't find you, the court may grant an order for substituted service, and the lawsuit may proceed without you.

If you have an address for the restrained person, you can ask the sheriff or marshal to serve your papers, and they will do it for free. You believe the restrained person is avoiding (evading) personal service. Be ready to explain why you think the restrained person is avoiding service.

To collect money, you must first get an EJ-130 Writ of Execution. A Writ of Execution is an order from the court to the Sheriff that allows the Sheriff to collect money owed to you. You get a Writ of Execution at the court clerk's office.

Most civil cases have a CMC and it usually happens between 120 and 180 days from filing of the lawsuit. Some courts may not require the parties to come to court for the CMC if all sides in the case timely file the local court forms needed to schedule the trial date. ).

To countersue, file a SC-120 Defendant's Claim at the clerk's office where you are being sued. On a Defendant's Claim, you can only sue the same person(s) or entity that is suing you. Your countersuit will usually be heard at the same time as the Plaintiff's Claim. You can also file your own Plaintiff's Claim.

If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.

If you do not pay the judgment, the judgment creditor can garnish or "seize" your property. The judgment creditor can get an order that tells the Sheriff to take your personal property, like the money in your bank account or your car, to pay the judgment.

Some cases settle within days of a lawsuit being filed, or are even settled before the court paperwork is filed by a plaintiff to take civil action. In other situations, a settlement may be reached just before a jury reaches a verdict or even after a jury has made a decision and an appeal is pending.

How long can a civil case stay open in California? ›

Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong.

Failure to resolve your traffic/minor offense ticket by the due date (or appear-by-date) may result in the issuance of a warrant, new charges, or the imposition of a $100 civil assessment penalty added to the original bail pursuant to Penal Code §1214.1, and referral to a collection agency.

In law, a countersuit is sometimes called a counterclaim. It's what happens when one person sues another, who then responds by suing them. Imagine getting in a car accident that wasn't clearly the fault of either driver. If the other person is injured, she might sue you to pay her doctor bills.