Small claims court is supposed to be simple — but people still lose winnable cases. Here are the 5 mistakes that lead to bad outcomes.
1. Not Bringing Enough Evidence
The mistake: Showing up with just your word against theirs. The fix: Bring everything — contracts, photos, texts, emails, receipts, bank statements, witness statements. The person with better documentation wins 90% of the time.
2. Suing the Wrong Person (or Entity)
The mistake: Suing “Joe’s Plumbing” when the legal entity is “Joseph Smith DBA Joe’s Plumbing” or “Joe’s Plumbing LLC.” The fix: Verify the defendant’s legal name before filing. For businesses, search the California Secretary of State database (bizfileonline.sos.ca.gov).
3. Missing the Statute of Limitations
The mistake: Waiting too long to file. The fix: Know your deadline: – Written contract: 4 years – Oral contract: 2 years – Property damage: 3 years – Personal injury: 2 years – Fraud: 3 years from discovery
4. Being Emotional Instead of Factual
The mistake: Ranting about how unfair the situation is instead of presenting facts. The fix: Be calm, chronological, and specific. “On June 3, we agreed to X. On June 15, defendant delivered Y. The difference cost me $Z.” Judges decide on facts, not feelings.
5. Not Sending a Demand Letter First
The mistake: Filing without first requesting payment in writing. The fix: Send a demand letter via certified mail before filing. This shows the judge you tried to resolve it and gives the other party a chance to pay without court involvement.
Bonus: Filing in the Wrong Court
File in the court for the defendant’s location (where they live or do business) or where the incident occurred. Filing in the wrong court gets your case dismissed.
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Related: Complete Small Claims Guide | Evidence Guide | How to File in LA
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