Legal Question in Business Law in California

small claims court

what are the three steps for filing a legal claim?


Asked on 2/12/08, 1:23 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: small claims court

Well, I didn't know that there were specifically three steps, but I can give you a short list of major steps that should be taken by a small-claims plaintiff:

1. Learn about small-claims procedures by studying a self-help paperback law book on the subject, or by consulting with the small-claims advisor at the court.

2. Gather and review your evidence, contact potential witnesses, plan and prepare your claim on the prescribed form.

3. File the claim under oath with the court clerk, pay the filing fees and get a court date and order to appear.

4. Serve the claim and order to appear on the defendant(s) in an authorized manner.

5. Appear with your evidence and witnesses on the appointed day.

6. If you win, be prepared to obtain and enforce your judgment.

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Answered on 2/12/08, 4:19 pm


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