Small Claims Court Filing Service

Frequently Asked Questions

SmallClaimsCourtService.com



Q. What courts in Southern California do you service?
   
A. Los Angeles, Orange, Ventura, Riverside, and San Bernardino counties.
   
   
Q. After a case is filed in Small Claims Court, how soon will I get a court date?
   
A. Usually a date is scheduled between 20 and 50 days from the filing date. It will never be less than 20 days and rarely over 50 days.
   
   
Q. If I sue for the maximum allowed amount by the court, can I later sue for more?
   
A. No, unless it is a totally different claim. Call us if you are uncertain about your claim.
   
Q. Can an attorney represent me in Small Claims Court?
   
A. No. However, you can consult with an attorney before you file your claim and the attorney can prepare a written brief for submission to the court. If you case is appealed, you may have an attorney represent you at the appeal.
   
   
Q. Can your firm prepare a written brief for me?
   
A. Absolutely. A brief is invaluable.
   
   
Q. Can I file a Small Claims case in the court closest to my home or business?
   
A. Possibly. There are court rules that determine the correct Small Claims Court. Part of our service includes determining the proper court to use.
   
   
Q. Can we pay your fee by credit card?
   
A. Yes. Please call our office when you are ready to pay.
   
   
Q. Can I bring an interpreter to Small Claims Court?
   
A. Absolutely.
   
   
Q. Am I required to be a U.S. citizen to use the Small Claims Court?
   
A. No. All adults may use the court regardless of citizenship.
   
   
Q. Can I file a claim against someone who is out of state?
   
A. Generally - no, but there are some exceptions. The two most common exceptions are that you can sue a non-resident if the dispute involves real property located in California or if a traffic accident occurred in California.
   
   
Q. Can I sue someone for fraud in a Small Claims Court?
   
A. Yes, as long as the amount of money damages can be determined.
   
   
Q. Can a Small Claims Court case be appealed?
   
A. Only a defendant may appeal a Small Claims Court case.
   
   
Q. If I am a plaintiff, can the defendant sue me?
   
A. Yes. Both claims would then be decided by the same judge.
   
   
Q. If the Small Claims Court sets a date that is not possible for me to attend, can I get a different date?
   
A. Yes. This is something we can arrange on your behalf.
   
   
Q. Do my witnesses have to be over 18 years of age?
   
A. No. As long as they understand the meaning of “the truth,” they may testify.
   
   
Q. Do you use process servers or certified mail to serve defendants?
   
A. We have found process servers to be the most effective way to serve parties to a lawsuit. We also find that cases are more likely to settle when a process server is used.
   
   
Q. Can you help us collect our judgment if the defendant doesn’t pay?
   
A. Absolutely. Call us to discuss your judgment if you do not receive payment within 30 days.
   
   
Q. Who can appear in Small Claims Court for an unincorporated business?
   
A. A regular employee if the claim can be proven by documentation and the employee has knowledge of the relevant facts.
   
   
Q. Who can appear in Small Claims Court for a business corporation?
   
A. An employee, officer, or director if they have not been hired exclusively to represent the corporation in court.
   
   
Q. Can the manager of our homeowner association appear in Small Claims Court for our condominium association?
   
A. Yes, as long as the manager has been authorized by the board of directors to do so, and has not been hired solely for the purpose of appearing in court.
   
   
Q. Can I call with questions?
   
A. Absolutely.
   










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