Someone other than you or anyone listed in your case will serve your claim to the defendant.
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Your claim has to be served before the court deadline, served in the proper legal way, and served to the right person. There has to be a proof of service filed with the court. There are instructions and guides on the California government website to help you with serving your claim and the other steps mentioned here. You should plan what you are going to say in court. You will be explaining to the judge why you are filing a claim and what it is that you want the judge to order.
Try to anticipate what the other side will say and be prepared to respond. Take your papers that support your claim and make at least two copies of them. These papers are considered evidence and should support the main points you are making.
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You should also have the Proof of Service showing how and when the other side was served. And if you have witnesses, they should be present as well. If the witnesses you want cannot or will not attend, you can fill out a Small Claims Subpoena to order them to go. Try to get to court at least 30 minutes early. When your case is called, go to the front of the room and when asked, tell your story and do it quickly.
These cases usually last about 10 to 15 minutes. Explain what happened and if the judge asks you any questions, answer them directly. Do not interrupt either the judge or the other side. We can help you get started — Call to speak with one of our friendly Attorney Referral Consultants, find an experienced attorney, and schedule a free consultation. That i really didnt have. Now she moved.
How do i go about getting my money. At this point, we recommend contacting a lawyer for assistance in the matter. I wanted to buy a vehicle that was nice but was treated rudely and lied to about the car, charged a fee to hold the car…. This sounds so frustrating! Did you sign any paperwork? You may want to consider seeking legal counsel regarding theft or file a claim in small claims court.
For help, give us a call at or complete an attorney request form here. So I was investing money into a co worker I work with currently. I have ALL OUR messages of what we talked about and what the investment amounts were, as well as him agreeing to pay me March 15th or before. I work with someone and I brought some tickets off of them for a event…the tickets were no good..
They never did.. Sounds like you might be able to recover your losses in small claims court. This person as moved and all I know is what city and state he lives in no physical address and only have a cell phone number.
Don't Sue Unless You Can Collect the Judgment
I have messages and texts stating he acknowledges owing me this much money what can I do to try to get this money back? We recommend finding an attorney sooner than later.
An attorney will be able to assess your legal matter and provide the guidance you need. My ex took out a personal loan in her name. This overview will give you an idea of what to expect when you file a suit in small claims court. Try to settle the dispute outside of court. Many states will ask you to sign an Affidavit stating that you have made a genuine effort to collect the claim. Contact the county clerk in the small claims court district closest to the residence or business of the person you are suing.
Ten Things to Think About Before You Sue
If the defendant has no contact with your state, you may be able to sue in the location in your state where the contract was signed, but you generally have to sue in the state where the person you're suing lives or does business. Out-of-state small claims lawsuits tend to be expensive and unwieldy. Fill out a complaint form, otherwise known as a "Statement of Claim" at the clerk's office, and pay the filing fee.
The form typically asks for the nature of your claim, the dollar amount you're suing for, and any documents you plan to submit as evidence. Send your "Statement of Claim" document to the defendant. You may use the sheriff or a private process server to serve the document at your expense.
The court clerk will give you more information about the service process. Generally, the person you're suing has twenty days to file an answer your claim thirty days if he or she resides out-of-state. A few things can happen during this period: The person you're suing may send you the money you are owed.
If this is the case, notify the court that you wish to have your case dismissed. The person you're suing may not respond.
The Small Claims Court, A Guide to Its Practical Use - California Department of Consumer Affairs
If this is the case, you may file a notice of default requesting that the court grant you default judgment, which means you automatically win and can collect money owed. The person you are suing may file a counter claim. You have twenty days to file a response. If you do not, your case will be dismissed. Many states require that both you and the person you're suing appear before the judge for a pretrial hearing to determine what happens next.
The defendant may settle the claim at this time.
If the defendant does not, the judge may order mediation, or the judge may agree to let the matter proceed to small claims court trial. If the case goes to small claims court trial, both you and the defendant will have a chance to tell your sides of the story. If you do so, you must provide the defendant with a copy of this written statement. It is better to do this, so that the Commissioner and the Plaintiff know why you say that you are not liable.
You will then have to appear in person at the hearing of the action. You must bring all the documents you wish to rely on to prove your defence or counterclaim, and make sure that any witnesses you wish to call to give evidence on your behalf are present at the hearing. Back to top Specific types of claim:. Provided that it was an express or implied term of the sale agreement that the item purchased would be in working order, the seller defendant has breached a material term of the agreement. As the purchaser you would be entitled to cancel the agreement, return the item and demand the return of your money.
If I agreed to pay the Defendant to make something for me eg: a table or a dress but it is not what I asked for, do I still have to pay for it? If the item made by the defendant is substantially what you requested and can still be used, you will be entitled to a reduction in the purchase price. This will be in the discretion of the court but is usually measured by the amount that it would cost to fix the defect in the item you ordered. If it was made clear to the defendant that you required the invitations by a certain date i. If I pay a builder to do a job and it turns out that the job was not done properly, can I claim the costs of getting someone else to fix the defects in the work done by the builder?
The builder would have breached a term of the agreement to do the work properly. You would be entitled to claim the fair and reasonable costs of fixing the defects. It would however be a good idea to allow the builder an opportunity of remedying the defects himself, as you have an obligation to limit your losses. Can I claim the costs of repairing my vehicle if I was involved in an accident that was caused by someone else? You will only be able to claim the fair and reasonable costs of repairing your vehicle.
What if the accident was caused partly by someone else and partly by me? The court will reduce the amount of damages you may claim from the defendant on a just and equitable basis by having regard to the degree to which the accident was caused by your fault. What will I need to prove in order to have a valid claim?
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You should try to contact any witnesses to the accident. Secondly, you will need to prove what the fair and reasonable costs of repairing the damage to your vehicle are. You should try to get at least two or preferably three different quotations for repairing the damage as proof that the amount you are claiming is the fair and reasonable cost of repairing the car. What are my rights if I have agreed to a lease via email but had a change of heart? If I paid a deposit at the beginning of the lease agreement and there was nothing wrong with the premises when I moved out, can I claim the deposit back from the landlord if he or she refuses to pay it?