Everybody's Guide to Small Claims Court in California

by Attorney Ralph Warner

Pages: 448

eBook: (PDF 2.0 MB)

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Summary

The only guide to California Small Claims Court that provides tips by former judges!

The definitive guide to California Small Claims Court for more than 25 years, this plain-English guide gives you step-by-step instructions to bring or defend your case -- from preparing evidence and lining up persuasive witnesses, to making a presentation in court and collecting the money you're awarded.

Everybody's Guide to Small Claims Court in California shows you how to:

decide if you have a winning case
mediate a settlement if possible
determine how much to sue for
write your demand letter
file and serve papers
prepare evidence and witnesses for court
plan a winning courtroom strategy
convince the judge that you are right
collect your money when you win

The 16th edition -- updated with the latest laws and procedures -- now features practical tips and insights by former judges of small claims courts. It also shows you how to handle disputes involving Internet transactions.

Go after the money that's owed you -- represent yourself in small claims court and win!

Press Reviews

"Warner’s book takes you by the hand through all the potential pitfalls of trying your own case."

Los Angeles Times

"Step-by-step advice on how to prepare your case, how to file it, and perhaps most importantly, how to collect if you win."

Associated Press

"Walks you through the halls of small justice and explains how to file a claim, figure damages and argue your case effectively."

Kiplinger's Personal Finance Magazine

"A step-by-step guide for making the legal system work for you."

Orange County Register

"High costs can be avoided and justice can still be had. This guide lays it all out.... It’s all written in lay person’s English.... Don’t pass this up."

Booklist

Introduction

1. In the Beginning

A. First Things
B. Checklist of Things to Think About Before Initiating or Defending Your Case
C. Legal Jargon Defined
D. How to Use This Book

2. Do You Have a Good Case?

A. Stating Your Claim on Your Court Papers
B. But Is My Case Really Any Good?
C. How to Approach a Breach of Contract Case
D. How to Approach a Property Damage Case
E. How to Approach a Personal Injury (and Mental Distress) Case
F. How to Approach a Case When You Are Injured by a Defective Product
G. How to Approach a Breach of Warranty Case
H. How to Approach a Professional Malpractice Case
I. How to Approach a Nuisance Case

3. Can You Collect Your Money If You Win?

4. How Much Can You Sue For?

A. Cutting Down a Claim to Fit Under the Limit
B. Splitting Small Claims Court Cases
C. How to Calculate the Exact Amount of Your Claim
D. Equitable Relief (or, Money Can't Always Solve the Problem)

5. When Can You Sue?

A. California Statute of Limitations Periods
B. Calculating the Statute of Limitations
C. Defendant Should Tell the Judge If the Statute of Limitations Has Run Out

6. How to Settle Your Dispute

A. Try to Talk Out Your Dispute
B. Mediate Your Dispute
C. Write a Formal Demand Letter
D. Write Down the Terms of Any Settlement
E. Agreement Just Before Court Hearing

7. Who Can Sue?

A. Married Couples
B. Sole Proprietorships
C. Business Partnerships
D. Corporations
E. Limited Liability Companies
F. Nonprofits and Unincorporated Associations
G. Motor Vehicle Claims
H. Government Agencies
I. Special Rules for Owners of Rental Property
J. Special Rules for Homeowners' Associations
K. Suits by Prisoners
L. Suits by Minors
M. Special Rules for Military Personnel Transferred Out of State
N. Class Actions (Group Lawsuits)
O. Participation by Attorneys and Bill Collectors

8. Who Can Be Sued?

A. How to Sue One Person
B. How to Sue Two or More People
C. How to Sue an Individually Owned Business
D. How to Sue a Partnership
E. How to Sue a Corporation or Limited Liability Company (LLC)
F. How to Sue on a Motor Vehicle Accident
G. How to Sue Minors
H. How to Sue Government Agencies
I. How to Sue Contractors and Their Bonding Companies
J. How to Sue the Estates of Deceased People

9. Where Can You Sue?

A. Where to Sue Out-of-State Defendants
B. Where to Sue California Defendants
C. What Happens if Suit Is Filed in the Wrong California Small Claims Court?

10. Plaintiff's and Defendant's Filing Fees, Court Papers, and Court Dates

A. How Much Does It Cost?
B. Filling Out Your Court Papers and Getting Your Court Date
C. The Defendant's Forms
D. Changing a Court Date

11. Serving Your Papers

A. Who Must Be Served
B. How to Serve an Individual
C. How to Serve an Out-of-State Motorist
D. How to Serve an Out-of-State Property Owner
E. How to Serve Papers on a Business
F. How to Serve a Contractor or Anyone Else With a Surety Bond
G. How to Serve a Public Agency
H. Time Limits in Which the Plaintiff's Claim Must Be Served
I. How to Notify the Court That Service Has Been Accomplished ("Proof of Service")
J. How and When to Serve a Defendant's Claim
K. How and When to Serve Subpoenas
L. Costs of Service

12. The Defendant's Options

A. Claim That You Weren't Properly Served With Court Papers
B. Claim You Were Sued in the Wrong Small Claims Court
C. Claim You Were Sued After the Statute of Limitations Expired
D. You Have a Partial Defense-Try to Compromise
E. You Want to Avoid Conflict-Try to Mediate
F. You Have Absolutely No Defense
G. You Want to Pay the Plaintiff in Installments
H. If You, Not the Plaintiff, Were Wronged-File a Defendant's Claim
I. Fight Back

13. Getting Ready for Court

A. Interpreter Services
B. Free Small Claims Advice
C. Getting Help From a Private Lawyer
D. Mediation
E. Practice, Practice, Practice
F. Getting to the Courthouse
G. Court Times
H. Understanding the Courtroom and Basic Procedure
I. Dealing With Your Opponent
J. Dealing With the Judge or Commissioner
K. Organizing Your Testimony and Evidence

14. Witnesses

A. Who Makes a Good Witness
B. Subpoenaing Witnesses
C. Subpoenaing Police Officers
D. Subpoenaing Documents
E. Witness Testimony by Letter
F. Judges as Witnesses
G. Testimony by Telephone

15. Your Day in Court

A. If Your Opponent Doesn't Show Up
B. Contested Cases
C. A Sample Contested Case
D. Don't Forget to Ask for Your Costs

16. Motor Vehicle Repair Cases

A. Have You Suffered a Loss?
B. Can You Prove the Defendant's Negligence Caused Your Loss?

17. Motor Vehicle Purchase Cases

A. New Vehicles
B. Used Vehicle Dealers
C. Used Vehicles from Private Parties

18. Bad Debts: Initiating and Defending Cases in Which Money Is Owed

A. Small Claims Court Is a Good Place to Sue on Bad Debts
B. Bad Debt Cases From the Plaintiff's Point of View
C. Debt Cases From the Debtor's Point of View

19. Vehicle Accident Cases

A. Who Can Sue Whom?
B. Was There a Witness to the Accident?
C. Police Accident Reports
D. Determining Fault
E. Diagrams
F. Photos
G. Estimates
H. Your Demand Letter
I. Appearing in Court

20. Landlord-Tenant Cases

A. Security Deposit Cases
B. Unpaid Rent, Rent Withholding, and Other Money Damage Cases
C. Drug Dealing and Other Crimes
D. The Obnoxious Landlord
E. The Landlord's Right of Entry and the Tenant's Right of Privacy
F. Discrimination
G. Evictions

21. Miscellaneous Cases

A. Clothing (Alteration and Cleaning)
B. Dog-Related Cases
C. Damage to Real Estate (Land, Buildings, etc.)
D. Police Brutality/False Arrest Cases
E. Defamation (Including Libel and Slander)
F. Internet Purchases

22. Disputes Between Small Businesses

A. Remember: You Didn't Always Hate Your Opponent
B. Organizing Your Case
C. The Drama of the Distraught Designer
D. Old Friends Fall Out

23. Judgment and Appeal

A. The Judgment
B. Installment Payments
C. Paying the Judgment Directly to the Court
D. File Satisfaction of Judgment After Payment
E. Who Can Appeal
F. Filing Your Request to Correct or Vacate Judgment
G. Filing and Presenting Your Appeal

24. Collecting Your Money

A. The Timing of Collecting Your Money
B. If Installment Payments Aren't Made
C. Collecting a Judgment Against a Government Agency
D. Finding the Debtor's Assets
E. Levying on Wages, Bank Accounts, Business Assets, Personal Property, Etc.
F. Judgments Stemming From Auto Accidents
G. Creating Property Liens
H. Recovering Collection Costs and Interest

25. Legal Research