|
 Small Claims
 Alternatives
Plaintiff
Things to Consider Before
You File a Claim
How & Where to File a Claim
How Do I Serve my Claim?
Checklist
Defendant
I've Been Sued, What Do I Do Now?
Checklist
Plaintiff & Defendant
Getting Ready for your Day in Court
After
the Judge's Decision
Collection
Frequently Asked Questions
Small
Claims Fees
Resources & Referrals
Rules/Forms
Form
Tips
Self-Service
Center
Self-Service Home
Main
Court
Site
Case Info
Site
|
|
Self Service Home | Glossary |
Search |
Site Map | Feedback | Contact
Small Claims
Plaintiff: How and Where to File a Complaint
[Esta página está en español;
Trang này bằng tiếng Việt]
 This section tells you about:
- Where do I file my case?
- Court addresses and hours
- Court holidays
- How do I get there from here?
- Where do I get court forms?
- Small Claims fees
- Information you need to file a
claim
- What can I expect when I file
my claim
- Other papers you have to
attach to your claim
-
Where
do I file my case?
File your
case in a
court in the right county or district. In legal terms, this means you
have to file in the proper
venue (place).
In general, as the
plaintiff you have to file your case in the county or judicial district
where the
defendant lives. This makes it fair for the defendant. It's
usually easier for someone to defend themselves if the case is close to
where they live.
When you file your case, you have to say on your Plaintiff's Claim and Order
to Defendant form
(SC - 100) why it is the right court. If the
defendant lives outside the county or judicial district, the judge always
has to decide if you are filing in the right court. If the case wasn't
filed in the right court– it isn’t the right “venue”. The judge will
dismiss the case
without prejudice unless all defendants are there and
agree to have the hearing there.
There are exceptions to this rule. But they are complicated and hard to
understand.
If you want to file a claim in a county that is not where the defendant
lives, talk to your local small claims advisor to see if you can.
If you can file your claim in more than one place, choose the place that’s
best for your witnesses. If you file where the defendant doesn't live, you
have to give the defendant more time to answer your notice, and it will
take longer for your case to go to court.
Here are some exceptions:
Car Accidents:
You can file your claim in the county or judicial district where you had
the accident or where the defendant lives.
Contracts:
You have to file the claim in the county or judicial district where:
- You made the contract,
- Where the contract was supposed to be performed by the
defendant, or
- Where you are supposed to get paid.
top of page
↑ Consumer purchases (when the seller sues):
You can only file a claim to
enforce a buyer’s debt in the county or judicial district:
- Where the buyer signed the contract,
- Where the buyer lived when the contract was signed,
- Where the buyer lived when you filed the
action, or
- Where the things bought on credit are installed or kept.
Consumer purchases (when the buyer sues):
The buyer can file an action against the business that sold the items,
services, or credit in the county or judicial district:
- Where the buyer signed the contract,
- Where the buyer lived when the contract was signed, or
- Where the buyer lived when you filed the action.
The buyer can also sue in any of those places if the suit is based on
something you bought from a phone call that the buyer didn’t make. This
means when the seller calls the buyer or the buyer answers a phone call or
email.
Where to file when you sue state agencies?
You can file a claim against any state agency in any county where the
California Attorney General has an office: Sacramento, San Francisco, or
Los Angeles.
Also, if a state agency sues you, you can have the case moved to the
office of the Attorney General that is closest to where you live.
top of page
↑
- Court addresses and hours:
Santa Clara County has 3 courts where you can file small claims cases.
File your claim in the right court (venue). If you file in the wrong
court, the court can dismiss your claim. There are 15 cities in Santa
Clara County. They are divided into 3 areas.
Below is a list of the courts and the cities they serve. Click on a
courthouse name to go to the page with the hours, address, driving
directions and phone
numbers.
If you file at the Los Gatos court, you can ask to have your hearing on
Tuesday night. Let the clerk know when you file your case. Beginning
10/12/04, night court hearings will be held on the 2nd and 4th Tuesday of
each month at the
Family Court location, 170 Park Center Plaza in downtown San Jose. Ask
the clerk for more information when you file your case.
-
Court holidays:
See the Court
Holidays page on the court's main website.
- How do I get there from here?
To get directions to the small claims courts, click on the court links in
the table above. Or, go to a
list of all
courthouses in the Superior Court of Santa Clara County.
Other ways to get there:
Most of the courts have limited parking. If you can, use other forms of
transportation.
To find out about bus routes from the Santa Clara Valley Transit
Authority (VTA) call:
(408) 321-2300 or
(800) 894-9908
TTY: (408) 321-2330.
You can also get route information from the
VTA website.
Call TRAVINFO by dialing just 511 from any of the Bay
Area’s 9 counties, for information on:
- More than 25 public transportation agencies (like bus,
BART, ferry, train, light rail and Para transit services)
- Traffic conditions on the highways, bridges and major
roads
- Highway construction information
- Carpool services
- Parking and biking
- Directions to the San Francisco International Airport.
You don’t have to dial an area code. The service is free but you have
to pay for the local call. Or go to
www.511.org for information about transportation and links Web
sites. The Metropolitan Transportation Commission sponsors both services.
Also see
public transportation information on the court's main website.
For directions to each of the small claims facilities, click on the
courthouse links in the table, above. Also, you may visit the
list of all
courthouses in Santa Clara County on the court's main website. top of page
↑
- Where do I get court forms?
You can get the forms to file your case if you:
- Go to a small claims court (see locations),
- Write to a small claims court (see locations),
- Go to the Judicial Council's website at
www.courtinfo.ca.gov/forms,
or
- Download forms from the linked form names on the pages of this
website.
If you ask for forms by mail, send a self-addressed stamped 10" x 13"
envelope with the right stamps. Blank forms will be mailed to you.
If you pick up the forms at the court, the clerks will give you
instruction sheets called “Information for Plaintiff “ that tell you about
how the small claims court works. The court clerk will ask you to fill out
and sign a form called Plaintiff's Claim and Order to Defendant form.
Businesses that use fictitious business names, like "Joe Jones doing
business as Joe's Garage", also have to file a form called Fictitious
Business Name Declaration that says that the business followed
California's laws for registering a fictitious business name.
The Superior Court in San Mateo County and the Superior Court in Santa
Clara County, made an
interactive
“EZ Legal Form” program. You can use this program to fill out Small
Claims forms online. Answer some questions to fill out the forms, then
print them out and file them with the court. This service will help you
complete your forms, but you still need to file them with the Court.
This is not online filing!
You have to pay the filing fee
when you file your papers. To find out more about fees, see Small
Claims Fees page on court's main website. If you can't pay, you can
ask the court to
waive the fees. You can ask the court for a
waiver by filling out and filing a form called Application for Waiver
of Court Fees and Costs. To find out more about fee waivers, ask the clerk
for an Information Sheet called
Waiver of Court Fees and Costs.
- Small Claims fees:
See Small
Claims Fees page on court's main website. top of page
↑
- Information you need to file a claim:
All forms have to be readable:
Type forms or write them in ink.
Fill out the "Plaintiff's Claim and Order to Defendant":
(Form
#SC100) in 3 parts. If you print the forms from the internet, you will
need to have the original and two copies. .
If you use a fictitious business name:
You have to fill out, sign, and file a form called Fictitious Business
Name Declaration (Form
#SC103) every time you file a claim. You also have to write your
fictitious business statement number and expiration date in the space in
the "Plaintiff’s Claim and Order to Defendant" (Form
#SC100).
When you type the names of the plaintiff and the defendant:
Type or print their last name first. Follow the formats below:
*DBA stands for “Doing Business As”
For an individual:
Doe, John
111 Main Street
San Jose, CA. 95000 |
For a business owned by 1 person:
Doe, John
DBA: Doe's Auto Repair Shop
111 Main Street
San Jose, CA. 95000
DBA stands for "doing business as" |
| For partnerships: |
|
Doe, John-Partner
DBA: Doe & Smith Bakery
111 Main Street
San Jose, California 95100 |
Smith, Max- Partner
DBA: Doe & Smith Bakery
111 Main Street
San Jose, Ca. 95100 |
| For a corporation: |
Doe Corporation
Serve: Doe, John-President
111 Main Street
San Jose, Ca. 95100 |
Doe Corporation
DBA: Doe & Smith Bakery
Doe, John - President
111 Main Street
San Jose, Ca. 95100 |
Doe Corporation
DBA: Doe & Smith Bakery
Smith, Sue - Agent for Service
of Process
123 Oak St.
Los Angeles, CA 12345Address listed is agent's address,
not the corporation's address |
|
| For someone under 18 |
Doe, John -Minor
111 Main Street
San Jose, Ca. 95100 |
Doe, Jane-Guardian
111 Main Street
San Jose, Ca. 95100 |
Note: The form called "The Plaintiff’s Claim & Order" to defendant
leaves space for 2 plaintiffs and 2 defendants. If you need more space,
use
Form #SC-100a.
When you name your defendants:
You have to know their exact names. If you name a company, you need to
know what kind of ownership it is (For example, partnership, corporation,
sole proprietorship, etc).
If you get a judgment
against a defendant but you wrote the name wrong, you might not be able to
collect the money unless you have the judgment changed to say the right
name. This can take extra time, trouble and money.
Make sure you use the right name when you file your claim.
If your suit is about a car accident, name the driver and the owner of the
car that hit you. You don’t have to name both, but you’ll have a better
chance of collecting
damages.
top of page
↑
Sign your forms:
If you are the only plaintiff, you have to sign the Plaintiff’s Claim.
If there is more than one plaintiff, each plaintiff has to sign.
If the claim is filed by a business with one owner, the owner has to sign
the form.
If the plaintiff is a corporation, one of the corporate officers (like the
President, Vice-President, Secretary, Treasurer or Authorized Agent) has
to sign the Plaintiff’s Claim form.
You can’t give someone who is not a party in the case permission to sign
the Plaintiff’s Claim.
If the plaintiff is a
minor (Under 18 years old), a parent or
guardian has to sign the Plaintiff’s Claim. If the plaintiff is over
14, they should also sign the Plaintiff’s Claim. The plaintiff/guardian
has to fill out a form called Petition
for Appointment of
Guardian ad litem
and file that with the Plaintiff’s Claim.
- What can I expect when I file my claim?
- Set a hearing date:
When you file your claim and pay the fee, the clerk will give you a
court date. You’ll have your hearing:
- In 30-40 days if the defendant lives or works in the
county;
- In 30-70 days if the defendant lives or works
outside the county.
- The clerk will give you a copy to “serve”
The clerk will give you a copy of the Plaintiff’s Claim and Order to
Defendant. You have to get someone to serve this copy on the defendant
(this is called service of process).
You have to file proof that this was served before your hearing. File
your proof of service
form at least 2 days before the hearing. After you file your proof of
service, the case will go on the trial calendar for a hearing.
- Other papers you have to attach to the claim
top of page
↑
|
|
