8/14/20151 Preparing and Presenting A Small Claims Case Small Claims Court Advisory Program of The Legal Aid Society of Orange County

8/14/20152 Small Claims Overview Litigants represent themselves Litigants represent themselves Attorneys cannot represent litigants Attorneys cannot represent litigants Claims limited to $7,500 for natural persons and sole proprietors Claims limited to $7,500 for natural persons and sole proprietors Claims limited to $5,000 for corporations and LLC’s Claims limited to $5,000 for corporations and LLC’s Claims for $2,500 or more limited to 2 per calendar year Claims for $2,500 or more limited to 2 per calendar year Claims for less than $2,500 are unlimited Claims for less than $2,500 are unlimited Filing Fee ($30-$75) Filing Fee ($30-$75) - $100 after filing 12 claims in a calendar year - $100 after filing 12 claims in a calendar year Trials set for days Trials set for days

8/14/20153 Objective Help You In: Preparing Your Case Preparing Your Case Presenting Your Claim Presenting Your Claim

8/14/20154 Is Small Claims Court Appropriate For Your Case? Does the claim justify the cost? Does the claim justify the cost? Which court has jurisdiction? Which court has jurisdiction? Can I collect? Can I collect?

8/14/20155

6 Plaintiff’s Claim (SC-100) Your name and address Your name and address Defendant’s proper name and address Defendant’s proper name and address How much you are suing for How much you are suing for Why you are entitled to that amount Why you are entitled to that amount

8/14/20157 Naming an Individual Individual: “Hart, Betty M.” Individual: “Hart, Betty M.” Husband and Wife: Husband and Wife: - Defendant #1: “Dunn, Nick” - Defendant #2: “Dunn, Vicky” Obtain form SC-100A for Additional Plaintiffs and Defendants to name additional parties Obtain form SC-100A for Additional Plaintiffs and Defendants to name additional parties

8/14/20158 Naming a Business Owner doing business under a fictitious business name (sole proprietorship): Owner doing business under a fictitious business name (sole proprietorship): “Jones, John P. d.b.a. John’s Shoe Store” “Jones, John P. d.b.a. John’s Shoe Store” Partners on behalf of a partnership: Partners on behalf of a partnership: Defendant #1: “Hart, Betty M. individually and as a partner in Hart and Simons, a partnership” Defendant #1: “Hart, Betty M. individually and as a partner in Hart and Simons, a partnership” Defendant #2: “Simons, Susan individually and as a partner in Hart and Simons, a partnership” Defendant #2: “Simons, Susan individually and as a partner in Hart and Simons, a partnership” Obtaining a fictitious business name (d.b.a.) Obtaining a fictitious business name (d.b.a.) City Hall for the city in which the business is located City Hall for the city in which the business is located County Recorder’s Office for the county in which the business is located County Recorder’s Office for the county in which the business is located

8/14/20159 Naming a Corporation “Beacham & Beacham, Inc.” “Beacham & Beacham, Inc.” Or “Abacast Corporation d.b.a. Maritime Company” Or “Abacast Corporation d.b.a. Maritime Company” Verify the corporation’s information by visiting the Secretary of State’s website Verify the corporation’s information by visiting the Secretary of State’s website - Corporation Records Online:

8/14/ Naming a Corporation When you search for a corporation, you will find two addresses: When you search for a corporation, you will find two addresses: 1) “Entity Address” 2) “Agent for Service of Process” address - Write the “Entity Address” on your Plaintiff’s Claim - Once your claim is filed, you notify the defendant by serving the corporation’s “Agent for Service of Process” Entity Address 5457 Florence Ave Missoula, MT Agent for Service of Process Bruce Covington 6125 Pine St. Bell Gardens, CA 90201

8/14/ Explain Your Claim Money Judgments (provide dates and explain how you arrived at a particular dollar amount) Money Judgments (provide dates and explain how you arrived at a particular dollar amount) On 11/2/09 Maria Cortez stopped paying on contract dated 7/9/09. The remaining balance to be paid is $ On 11/2/09 Maria Cortez stopped paying on contract dated 7/9/09. The remaining balance to be paid is $ Conditional Judgments Conditional Judgments “Return of 1988 Toyota Corolla VIN# or $5,000” “Return of 1988 Toyota Corolla VIN# or $5,000” Rescission Rescission “The phone service I ordered with Pacific Bell never worked. I would like to have this contract rescinded.” “The phone service I ordered with Pacific Bell never worked. I would like to have this contract rescinded.” It is still a good idea to indicate a dollar amount on the claim. The judge may find that a monetary judgment is appropriate It is still a good idea to indicate a dollar amount on the claim. The judge may find that a monetary judgment is appropriate

8/14/ Determine Venue Where to sue: Where to sue: Where the defendant resides or does business Where the defendant resides or does business Where the defendant entered into the contract Where the defendant entered into the contract Where the contract was to be performed Where the contract was to be performed Where the Real Property is located Where the Real Property is located Where the Accident/Injury occurred Where the Accident/Injury occurred

8/14/ Determine Venue If there is more than one proper venue, you may choose the one most convenient for you. If there is more than one proper venue, you may choose the one most convenient for you.

8/14/ File the Plaintiff’s Claim (SC-100) Determine which venue or courthouse to file your claim Determine which venue or courthouse to file your claim Follow venue rules Follow venue rules File with clerk at the appropriate venue File with clerk at the appropriate venue Pay Filing Fee or Request Fee Waiver Packet Pay Filing Fee or Request Fee Waiver Packet Trial will be set days from filing Trial will be set days from filing

8/14/ Defendant’s Counterclaim Defendant may file a counterclaim (SC-120) Defendant may file a counterclaim (SC-120) Must be filed at same venue as Plaintiff’s claim Must be filed at same venue as Plaintiff’s claim Pay Filing Fee or Request Fee Waiver Packet Pay Filing Fee or Request Fee Waiver Packet Defendant’s claim will be heard on same day as Plaintiff’s Defendant’s claim will be heard on same day as Plaintiff’s All of the following procedures are the same for Defendant as for Plaintiff. All of the following procedures are the same for Defendant as for Plaintiff.

8/14/ Serving the Claim Certified Mail Certified Mail Sheriff Sheriff Personal Service Personal Service Substituted Service Substituted Service

8/14/ Certified Mail Certified Mail through the clerk Certified Mail through the clerk Only the clerk can send claim through certified mail Only the clerk can send claim through certified mail The fee is $10 The fee is $10 You should call before the hearing to make sure that the clerk has filed a Proof of Service at least 5 court days before the hearing You should call before the hearing to make sure that the clerk has filed a Proof of Service at least 5 court days before the hearing Generally the least effective method of service Generally the least effective method of service

8/14/ Sheriff Sheriff Sheriff In Orange County, contact the Sheriff’s Office that is nearest the defendant In Orange County, contact the Sheriff’s Office that is nearest the defendant Fill out a Sheriff’s Instruction Sheet Fill out a Sheriff’s Instruction Sheet The fee is $30 The fee is $30 Make sure the sheriff returns the Proof of Service to the clerk at least 5 court days before the hearing Make sure the sheriff returns the Proof of Service to the clerk at least 5 court days before the hearing

8/14/ Personal Service Personal Service Personal Service Disinterested party- any person who is 18 years or older and who is not named on the claim (e.g.., neighbor, friend, relative, legal process server) Disinterested party- any person who is 18 years or older and who is not named on the claim (e.g.., neighbor, friend, relative, legal process server) - Personal service must be completed at least 15 days before the hearing (20 days if the defendant is out of county) Make sure the Proof of Service is returned to the clerk at least 5 court days before the hearing Make sure the Proof of Service is returned to the clerk at least 5 court days before the hearing

8/14/ Substituted Service… Substituted Service Substituted Service If the defendant cannot be found at her home or workplace, your server can use this method If the defendant cannot be found at her home or workplace, your server can use this method Your server will leave a copy of the claim at the defendant’s workplace, with a person who appears to be in charge OR at defendant’s home with a person who is at least 18 years old Your server will leave a copy of the claim at the defendant’s workplace, with a person who appears to be in charge OR at defendant’s home with a person who is at least 18 years old

8/14/ Substituted Service Substituted Service Substituted Service A copy must also be mailed First Class to the address where the claim was delivered A copy must also be mailed First Class to the address where the claim was delivered Substituted service must be completed at least 25 days before the hearing (30 days if defendant lives outside of the county) Substituted service must be completed at least 25 days before the hearing (30 days if defendant lives outside of the county) - Make sure the Proof of Service is returned to the clerk at least 5 court days before the hearing

8/14/ Getting Witnesses and Documents to Trial Witness Witness Complete Small Claims Subpoena and Declaration (SC-107) Complete Small Claims Subpoena and Declaration (SC-107) After clerk issues subpoena, have copy served on witness (the plaintiff may serve the subpoena) After clerk issues subpoena, have copy served on witness (the plaintiff may serve the subpoena) Return proof of service Return proof of service Witness can ask for $35 dollars a day and 20 cents per mile Witness can ask for $35 dollars a day and 20 cents per mile

8/14/ Getting Witnesses and Documents to Trial Documents Documents Complete Small Claims Subpoena and Declaration (SC-107) and check the box requesting witness/custodian of records to produce documents Complete Small Claims Subpoena and Declaration (SC-107) and check the box requesting witness/custodian of records to produce documents Describe exactly which documents you need and the reason for your request (special rules apply for subpoenaing “consumer records”) Describe exactly which documents you need and the reason for your request (special rules apply for subpoenaing “consumer records”) After clerk issues subpoena, have copy served on the witness/custodian of records After clerk issues subpoena, have copy served on the witness/custodian of records Return proof of service Return proof of service

8/14/ Preparing for Hearing Attend Small Claims hearings to understand courtroom process and atmosphere Attend Small Claims hearings to understand courtroom process and atmosphere Keep your opening statement brief and straight to the point Keep your opening statement brief and straight to the point Make sure your evidence is easily understood and organized Make sure your evidence is easily understood and organized Make 3 copies of everything (1 for you, 1 for the other party, 1 for the judge) Make 3 copies of everything (1 for you, 1 for the other party, 1 for the judge)

8/14/ At the Hearing Check in early with the bailiff Check in early with the bailiff Before hearing, the bailiff will ask if you would like to try mediation. Both parties must agree. Before hearing, the bailiff will ask if you would like to try mediation. Both parties must agree. If you go to court, speak only to the judge If you go to court, speak only to the judge Address the Judge as “Your Honor” Address the Judge as “Your Honor”

8/14/ At the Hearing Plaintiff presents their case first Plaintiff presents their case first Defendant will present their case when plaintiff is done Defendant will present their case when plaintiff is done Judge will ask questions Judge will ask questions Do not interrupt the judge at anytime Do not interrupt the judge at anytime

8/14/ Judgment Judge can make a decision at the hearing or take it under submission Judge can make a decision at the hearing or take it under submission Judge can make the Judgment conditional Judge can make the Judgment conditional You will receive the Judges final decision in the Notice of Entry of Judgment You will receive the Judges final decision in the Notice of Entry of Judgment You must wait 30 days from the date of mailing on the Notice of Entry of Judgment to begin collecting You must wait 30 days from the date of mailing on the Notice of Entry of Judgment to begin collecting

8/14/ Appeal Only a losing defendant (or plaintiff who has lost a countersuit) may appeal Only a losing defendant (or plaintiff who has lost a countersuit) may appeal Must be filed no later than 30 days after the date of mailing on the Notice of Entry of Judgment Must be filed no later than 30 days after the date of mailing on the Notice of Entry of Judgment Results in a Trial de novo Results in a Trial de novo Filing fee is $75.00 Filing fee is $75.00 Attorneys may represent the parties Attorneys may represent the parties

8/14/ Collect Your Judgment You must take steps to collect your Judgment. The court will not do it for you You must take steps to collect your Judgment. The court will not do it for you You can only collect from the debtor’s assets. If the debtor has no assets, you will not be able to collect your Judgment You can only collect from the debtor’s assets. If the debtor has no assets, you will not be able to collect your Judgment

8/14/ Collection Methods Application and Order to Produce Statement of Assets and to Appear for Examination Application and Order to Produce Statement of Assets and to Appear for Examination Record Real Property Lien Record Real Property Lien Garnish Wages Garnish Wages

8/14/ Collection Methods Levy Bank Account Levy Bank Account Till Tap Till Tap Keeper Keeper Repossess Repossess Third Party Levy/garnishment Third Party Levy/garnishment

8/14/ Collection Resources How To Collect When You Win a Lawsuit by Nolo Press How To Collect When You Win a Lawsuit by Nolo Press Sheriff’s Procedural Manual by California State Sheriff’s Association Sheriff’s Procedural Manual by California State Sheriff’s Association

8/14/ FAQ How do I locate the defendant? How do I locate the defendant? What is the most I can bring an action for? What is the most I can bring an action for? How many times can I bring an action in a year? How many times can I bring an action in a year? What is the proper venue for my case? What is the proper venue for my case? How do I serve the other party? How do I serve the other party? How do I add a spouse to a claim? How do I add a spouse to a claim?

8/14/ Small Claims Resources Everybody’s Guide to Small Claims Court Everybody’s Guide to Small Claims Court by Nolo Press by Nolo Press How to Collect When You Win a Lawsuit How to Collect When You Win a Lawsuit by Nolo Press by Nolo Press CCP CCP Access to and Access to and