Pathways to Justice Small Claims Basics William T. Tanner Directing Attorney – Legal Aid Society of Orange County 06/10/2015.

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Presentation transcript:

Pathways to Justice Small Claims Basics William T. Tanner Directing Attorney – Legal Aid Society of Orange County 06/10/2015

Outline Preliminary questions: 1.Are you suing a person or business? 2.How will you name them? A.Person B.Corporation C.Doing business as, “DBA” 1.Catalyst Loans 3.How will you serve them?

SC-100: Plaintiff’s Claim and Order to Go to Small Claims Court

Naming: Plaintiff

Naming: Defendant

Damages

Serving 1. CCP a. Within the State i. Except car accident ii. Real property 2. Personal 3. Substituted 4. CCP B&P Code

Venue

SC-104: Proof of Service

Service

Service Issues: 1.Certified Mail 2. Friend 3. Sheriff 4. Process Server Service

EJ-130: Writ of Execution

Collection Collecting 1. Person a. Wages b. Bank account c. Real property lien 2. Business a. Bank account b. Cash register i. Till tap ii. Keeper

Collection

Questions

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