People who need to claim some money owed to them can seek judgment in a small claims court. The person initiating the case or wanting to claim money is also called the ‘plaintiff’. There are different laws in every state with regards to the maximum amount a plaintiff can pursue in a small claims case. It is important to check the prevailing laws in your particular state before filing a small claims lawsuit. Courts dealing in small claims can have different names in various jurisdictions such as magistrate’s court or county.

Steps for filing small claims case

Assess your Case: Of course, when you lend a person a certain amount of money, you know how much is owed to you. But there could also be situations when you are wanting to seek damages or some other form of financial compensation. The first step in the claims process requires you to the exact amount that you are owed and by whom. If your case is validated in the court, you become the Plaintiff and the person against whom the lawsuit is filed becomes the Defendant.

File your case in the right small claims court: There is a small claims court in every county in California. It is imperative to understand and assess in which small claims court to file your claim. Your case could be dismissed if you end up filing it in the wrong court. This will lengthen the entire claims procedure as you will be required to refile it in the correct court. It could also result in losing the case in case the time file your claim runs out. Generally, your case can be filed in a court in which the defendant resides or carries out his/her business.

Small claims form: You will need to fill out certain court forms including the ‘Plaintiff’s Claim’ to get your claim ready. These forms are a part of the documentation that inform the court and also the business or person you wish to sue about your claim. You could easily get help in filling out these forms from the court’s legal advisor for small claims.

Filing the claim: Once you finish filling the court forms, you hand them over to the courts clerk to file your case. There is a fee that you need to pay to file the court papers. The clerk usually puts a stamp of ‘Filed’ on your papers once he has gone through them and puts down the time, date as well location of your court hearing.

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Luis Castro is the President of Superior Court Docs . Visit today for a free consultation and preparation of your legal paperwork.

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