INFORMATION FOR THE SMALL CLAIMS PLAINTIFF SC-100-INFO This information sheet is written for the person who sues in the small claims court. It explains some of the rules of, and some general information about, the small claims court. It may also be helpful for the person who is sued. WHAT IS SMALL CLAIMS COURT? Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court. Your claim cannot be for more than $5,000 if you are a business or public entity or for more than $10,000 if you are a natural person (including a sole proprietor). (See below for reference to exceptions.*) If you have a claim for more than this amount, you may sue in the civil division of the trial court or you may sue in the small claims court and give up your right to the amount over the limit. You cannot, however, file more than two cases in small claims court for more than $2,500 each during a calendar year. WHO CAN FILE A CLAIM? 1. You must be at least 18 years old to file a claim. If you are not yet 18, tell the clerk. You may ask the court to appoint a guardian ad litem. This is a person who will act for you in the case. The guardian ad litem is usually a parent, a relative, or an adult friend. 2. A person who sues in small claims court must first make a demand, if possible. This means that you have asked the defendant to pay, and the defendant has refused. If your claim is for possession of property, you must ask the defendant to give you the property. 3. Unless you fall within two technical exceptions, you must be the original owner of the claim. This means that if the claim is assigned, the buyer cannot sue in the small claims court. You must also appear at the small claims hearing yourself unless you filed the claim for a corporation or other entity that is not a natural person. 4. If a corporation files a claim, an employee, an officer, or a director must act on its behalf. If the claim is filed on behalf of an association or another entity that is not a natural person, a regularly employed person of the entity must act on its behalf. A person who appears on behalf of a corporation or another entity must not be employed or associated solely for the purpose of representing the corporation or other entity in the small claims court. You must file a declaration with the court to appear in any of these instances. (See Authorization to Appear, form SC-109.) WHERE CAN YOU FILE YOUR CLAIM? You must sue in the right court and location. This rule is called venue. Check the court's local rules if there is more than one court location in the county handling small claims cases. If you file your claim in the wrong court, the court will dismiss the claim unless all defendants personally appear at the hearing and agree that the claim may be heard. The right location may be any of these: 1. Where the defendant lives or where the business involved is located; 2. Where the damage or accident happened; 3. Where the contract was signed or carried out; 4. If the defendant is a corporation, where the contract was broken; or 1. You must sue using the defendant's exact legal name. If the defendant is a business or a corporation and you do not know the exact legal name, check with the state or local licensing agency, the county clerk's office, or the Office of the Secretary of State, Corporate Status Unit, at www.ss.ca.gov/business. Ask the clerk for help if you do not know how to find this information. If you do not use the defendant's exact legal name, the court may be able to correct the name on your claim at the hearing or after the judgment. 5. For a retail installment account or sales contract or a motor vehicle finance sale: a. Where the buyer lives; b. Where the buyer lived when the contract was entered into; c. Where the buyer signed the contract; or d. Where the goods or vehicle are permanently kept. 2. If you want to sue a government agency, you must first file a claim with the agency before you can file a lawsuit in court. Strict time limits apply. If you are in a Department of Corrections or Youth Authority facility, you must prove that the agency denied your claim. Please attach a copy of the denial to your claim. 3. With very limited exceptions, the defendant must be served within the state of California. SOME RULES ABOUT THE DEFENDANT (including government agencies) HOW DOES THE DEFENDANT FIND OUT ABOUT THE CLAIM? You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules or your case may be dismissed or delayed. The correct way of telling the defendant about the lawsuit is called service of process. This means giving the defendant a copy of the claim. YOU CANNOT DO THIS YOURSELF. You should read form SC-104B, What is "Proof of Service"? Here are four ways to serve the defendant: 1. Service by a law officer--You may ask the marshal or sheriff 3. Certified mail--You may ask the clerk of the court to serve the defendant by certified mail. The clerk will charge a fee. to serve the defendant. A fee will be charged. You should check back with the court before the hearing to 2. Process server--You may ask anyone who is not a party in see if the receipt for certified mail was returned to the court. your case and who is at least 18 years old to serve the Service by certified mail must be done by the clerk's defendant. The person is called a process server and must office except in motor vehicle accident cases involving personally give a copy of your claim to the defendant. The out-of-state defendants. person must also sign a proof of service form showing when 4. Substituted service--This method lets you serve another the defendant was served. Registered process servers will person instead of the defendant. You must follow the serve papers for a fee. You may also ask a friend or relative to procedures carefully. You may also wish to use the marshal or do it. sheriff or a registered process server. * Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116.220(c).) Form Adopted for Mandatory Use Judicial Council of California SC-100-INFO [Revised January 1, 2017] Page 1 of 2 Code of Civil Procedure, §§ 116.110 et seq.,116.220(c), 116.340(g) www.courts.ca.