000 California How To Small Claims & Appeal

2014 2011
http://www.courts.ca.gov/selfhelp-smallclaims.htm
Small Claims
Getting Started Small Claims
asics
More Small Claims Resources
Suing Someone
Steps to Filing a Small Claims Case
Change Your Claim or Court Date
Plaintiff's Post-Trial Checklist
eing Sued
Options When You re Sue!
"o# to Sue the Person Suing You
Change Your Court Date
$acate a Default %u!gment
ppeal Your Small Claims %u!gment
Defen!ant&s Post-Trial Checklist
!esearch "our Case
#ediation
Going to Court
Your Trial
Su'poena a Witness
Plaintiff&s Post-Trial Checklist
Defen!ant&s Post-Trial Checklist
Collect "our $udgment
Tips for Collecting Your %u!gment
Special Rules for Small Claims %u!gments
Wa(s to Collect From the De'tor
Rene# Your %u!gment
Collection Pro'lems an! Special Situations
fter the %u!gment )s Pai!
%a& "our $udgment
Pa( the %u!gment $oluntaril(
Pa( in )nstallments
)f You Do *ot Pa( Your %u!gment
fter You Pa( the %u!gment
'ppeals
(orms
(')s
Quick Links
Small Claims 'dvisors
*ept. of Consumer 'ffairs /11+2,.htm - -in.ing/and/0hird
's. the -aw -i1rarian /11+2,.htm - -in.ing/and/0hird
-earn a1out going to small claims court2 using instructions and guides to help &ou with
&our case. 'lso learn a1out tr&ing to resolve &our dispute out of court2 and get answers to
fre3uentl& as.ed 3uestions.
Basics
!eview general information a1out small claims court and cases. 'nd figure out if small
claims is right for &our situation using helpful resources.
Small Claims Cases
Suing Someone
Being Sued
Mediation
Going to Court
Research Your Case
!esearch the t&pe of case &ou have so &ou can 1e 1etter prepared when &ou go to court.
Collect Your Judgment
-earn how to collect the 4udgment if &ou win2 using tools and instructions on how to
wor. with the other side to get paid.
Pay the Judgment
(ind wa&s to pa& &our 4udgment if &ou lost &our small claims case including wor.ing out
pa&ment arrangements and pa&ment plans.
Appeal the Small Claims Judgment
0his section gives &ou information on if and how to appeal the small claims 4udgment.
Getting elp!
Count&-Specific Court 5nformation
California *epartment of Consumer 'ffairs /11+2,.htm - -in.ing/and/0hird
Quick Links
*ept. of Consumer 'ffairs /11+2,.htm - -in.ing/and/0hird
http://www.courts.ca.gov/12+6.htm
Basics
"rror# yperlink re$erence not %alid& 7spa8ol
Small claims court is a special court where disputes are resolved 3uic.l& and
ine9pensivel&. 0he rules are simple and informal. 0he person who sues is called the
plaintiff. 0he person who is sued is called the defendant. "ou are not allowed to have a
law&er represent &ou at the hearing in small claims court. ut &ou can tal. to a law&er
1efore or after court.
"ou can sue in small claims court if &ou are:
't least 1: &ears old2 ;!
'n emancipated child.
5f &ou are not mentall& competent2 or &ou are under 1: &ears old <and not emancipated=2 a
4udge must appoint a >guardian ad litem> to represent &ou in small claims court. '
guardian ad litem is an adult appointed 1& the court to represent &ou ;?-" in the case in
3uestion.
"rror# yperlink re$erence not %alid& "rror# yperlink re$erence not %alid&
@ow #uch Can "ou Sue for in Small Claims CourtA
5n general2 a natural person <an individual= cannot as. for more than B102000 in a claim.
usinesses and other entities <li.e government entities= cannot as. for more than B+2000.
0his limit on 1usinesses does not appl& to sole proprietors2 who are treated as natural
persons. "ou can file as man& claims as &ou want for up to B22+00 each. ut &ou can onl&
file 2 claims in a calendar &ear that as. for more than B22+00.
0here are some e9ceptions to the B102000 limit for individuals:
5f &ou are filing a claim for 1odil& in4uries as a result of a car accident against a
person who has car insurance that includes a >dut& to defend2> &ou can onl& sue
that person for BC2+00.
'lso2 as a natural person2 &ou can onl& sue a guarantor for up to B62+00 <B22+00 if
the& do not charge for the guarantee=. ' >guarantor> is a person or compan& that
promises to 1e responsi1le for what another person owes. <5f &ou are an entit&
other than a natural person and the guarantor charges for its services2 &ou ma& file
a claim for up to B42000.=
ut2 &ou can sue the !egistrar of the Contractors <the e9ecutive officer of the
Contractors State -icense oard= as a guarantor for up to B102000.
Collections agencies cannot sue in small claims court to collect on de1ts that are assigned
to them.
0&pes of Small Claims Cases
0here are different .inds of cases &ou can file in small claims court.
Some common t&pes of small claims cases are disputes a1out:
%ropert& damage or personal in4ur& from a car accidentD
-andlord/tenant securit& depositsD
*amage to &our propert& 1& a neigh1orD
*isputes with contractors a1out repairs or home improvement 4o1sD
Collection of mone& owedD
@omeowner association disputesD and
#an& other issues.
*eadline to (ile "our Claim
0he deadline to file a lawsuit is called the statute of limitations. #ost lawsuits M'S( 1e
filed within a certain amount of time. 5n general2 once the statute of limitations on a case
>runs out2> the legal claim is not valid an& longer.
0he period of time &ou have to sue someone varies depending to the t&pe of legal claim.
@ere are the statutes of limitations for some common t&pes of legal disputes:
5f &ou are suing 1ecause &ou got hurt2 &ou can file a claim for up to 2 &ears after &ou
were hurt.
5f &ou are suing 1ecause a spoken agreement was 1ro.en2 &ou have 2 &ears to file
after the agreement was 1ro.en.
5f &ou are suing 1ecause a )ritten agreement was 1ro.en2 &ou have 4 &ears to file
after the agreement was 1ro.en.
5f &ou are suing 1ecause &our property )as damaged2 &ou have E &ears to file after
&our propert& was damaged.
5f &ou are suing 1ecause of $raud2 &ou have E &ears to file after &ou find out a1out the
fraud. (raud is when &ou lose mone& 1ecause someone lied to &ou or tric.ed &ou
on purpose.
5f &ou are suing a go%ernment or pu*lic agency2 &ou usuall& have 6 months to file a
claim with that agenc&. 0he& have 4+ da&s to ma.e a decision. 5f no decision is
made with 4+ da&s2 then the claim is considered denied. 5f the& re4ect &our claim2
&ou have 6 months to file a claim with a small claims court. 5f &ou do not receive
a re4ection or acceptance of &our claim in those 4+ da&s2 &ou ma& have more time
to file &our claim 1ut2 to 1e safe2 act within the 6 months or tal. to a law&er to
find out for sure how much time &ou have to file &our lawsuit. (ind out more
a1out suing a government agenc&.
5t is not eas& to figure out if it is too late to file <and even .nowing whether a contract is
written or oral can 1e ver& difficult=. 5f &ou are not sure2 get advice from the small claims
advisor or a law&er if &ou can2 and if not2 file &our case and let the 4udge decide.
(iling (ees in Small Claims Cases
0he filing fee is 1ased on the amount of &our claim and the num1er of claims &ou have
filed in the past 12 months:
Currentl&2 the filing fees2 if &ou have filed 12 or fewer claims in the past 12 months2 are:
Amount o$ Your Claim +iling +ee
B0 to B12+00 BE0
B12+00.01 to B+2000 B+0
B+2000.01 to B102000 BC+
5f &ou have filed more than 12 claims in the past 12 months2 the filing fee is B100 <for
an& claim amount=. (iling fees change2 so ma.e sure &ou chec. to see what the current
filing fees for small claims cases are at the time of &our filing.
Going to Small Claims Court
5f &ou are suing someone2 &ou must go to court. "ou will go to court 1etween 20 and C0
da&s after &ou file &our claim.
"ou cannot send an&one else <even a law&er= to represent &ou in small claims court. ut
there are some e9ceptions:
"ou ma& not have to go to court if: <1= &ou are serving on active dut& in the armed
forces2 <2= &ou were assigned to &our dut& station after &our claim arose2 and <E=
&our assignment is for more than 6 months.
(or more information a1out e9ceptions2 read California Code of Civil %rocedure section
116.+40 /11+2,.htm - -in.ing/and/0hird. 'lso2 chec. out: Authorization to Appear
(Small Claims) <(orm SC-10,=.
5f &ou are 1eing sued2 &ou must go to court if &ou want &our side of the case to 1e
considered. 5f &ou do not go to court2 a 4udgment ma& 1e entered against &ou. 0his would
1e a 4udgment 1ased on the evidence that the side suing &ou provided2 without &ou
having a chance to provide an& evidence.
,ho goes to court )hen a *usiness is sued-
5f &ou are the onl& owner of a 1usiness2 &ou must go to court unless the claim can 1e
proven 1& evidence of a 1usiness account that a regular emplo&ee with .nowledge
of that account can e9plain. 0he emplo&ee most .nowledgea1le a1out the account
can go to court for the 1usiness.
5f &our 1usiness is a partnership2 onl& 1 of the partners must go.
5f the 1usiness is a corporation2 an officer or director must go to court2 or if the claim
can 1e proved 1& evidence of 1usiness records2 the emplo&ee most .nowledgea1le
a1out the records can go. 0hat person cannot 1e hired 4ust to represent the
corporation. 'nd2 that person cannot 1e the law&er for the corporation.
Your small claims hearing
#an& cases are usuall& scheduled for the same time and the calendar can 1e ver&
crowded. 0his ma.es it impossi1le for an& one case to ta.e a lot of time 1ecause the court
has to get through all the cases on the calendar. 0his is wh& it is so important to 1e well
prepared so &ou can present &our case 3uic.l& and efficientl&. 0he 4udge will listen to
1oth sides of the stor&. 0o help tell &our side2 ta.e evidence to support &our claims2 li.e:
Fitness testimon& <in most cases this re3uires the witness to 1e present in court2 1ut
in limited circumstances2 the testimon& ma& 1e admissi1le through declaration=D
%hotosD
illsD
!eceiptsD
ContractsD and
;ther relevant documents that support &our side.
0he 4udge ma& ma.e a decision at &our hearing or mail it to &ou later. 0he 4udge ma&
need to ma.e additional in3uiries into the facts 1efore deciding the case2 or research a
legal point2 so if the 4udge sa&s that he or she is Gta.ing the matter under su1mission2H
&ou will get the decision in the mail.
5nstead of a 4udge2 &ou ma& have a commissioner or temporar& 4udge at &our hearing.
0he& 1oth serve in the same role as 4udges. ' commissioner is hired 1& the court to sit as
a 4udge and hear certain t&pes of cases that the law allows commissioners to hear2 such as
traffic infractions and small claims cases. ' temporar& 4udge <called a >4udge pro tem> or
>4udge pro tempore>= is someone who has 1een a law&er for at least 10 &ears and is
speciall& trained to hear and decide small claims cases. 5f &ou do not want a temporar&
4udge2 &ou can as. the court to have a 4udge hear &our case. "ou ma& have to come 1ac.
another da&. (ind out how to get read& for court.
5f the person 1eing sued does not show up for the hearing2 the plaintiff still needs to prove
his or her case. 5f the defendant can show a good reason for missing the court date2 such
as a medical emergenc&2 the defendant ma& 1e a1le to get the 4udgment canceled and a
new trial date set. !ead a1out vacating a 4udgment to learn how&
'ppealing a Small Claims Court *ecision
"ou cannot appeal if &ou were the person who filed the claim. 5f someone else files a
claim against &ou and &ou lose2 &ou can appeal. 0his means that if &ou are the plaintiff
suing a defendant and &ou lose2 &ou cannot appeal the courtIs decision. ut if the
defendant filed a defendantJs claim against &ou <sued &ou 1ac.= and wins against &ou on
the defendantJs claim2 then &ou C'? appeal. Fhen &ou appeal the part of the lawsuit
against &ou2 the entire courtIs decision <not 4ust the part against &ou= is reviewed all over
again. 0he superior court does not consider the decision of the small claims court in
deciding the appeal. 0he trial is called a Gtrial de novoH or trial from the start. 0his means
that &ou have to prove &our side all over again2 including 1ringing all the evidence &ou
want the court to consider. "ou C'?2 1ut do not have to2 have a law&er represent &ou on
an appeal.
(o $ile an appeal
5f &ou were at the hearing2 &ou must file a form with the superior court called Notice of
Appeal <(orm SC-140= "ou have E0 da&s to do this after the date the cler. mails the
Notice of Entry of Judgment <(orm SC-1E0 or (orm SC-200=. 0he current cost to file a
Notice of Appeal is BC+.
,hat happens i$ someone else appeals-
"ou will have a new trial and &ou cannot enforce &our 4udgment while the appeal is
pending. "ou will have to 1ring &our evidence and tell &our side of the stor& again. 0his
time2 &ou can 1ring a law&er to represent &ou. Clic. for help finding a law&er.
-earn more a1out appealing a small claims case.
http://www.courts.ca.gov/:4+4.htm
More Small Claims Resources
Court Locations
$ur& 5nfo2 Court 5nfo2 Court Fe1sites
+nter cit( or ,
.n$ormation and pamphlets a*out small claims court /11+2,.htm - -in.ing/and/0hird
0his we1 page created 1& the San #ateo Count& small claims legal advisor provides
information and pamphlets that can help &ou with &our small claims case.
Cali$ornia Bureau o$ Automoti%e Repair /11+2,.htm - -in.ing/and/0hird
Fe1site of the ureau of 'utomotive !epair <'!=2 a part of the California *epartment
of Consumer 'ffairs.
Cali$ornia /epartment o$ Consumer A$$airs 0/CA1 Small Claims Court
Guide /11+2,.htm - -in.ing/and/0hird
0his *C' guide gives &ou detailed information to help &ou understand the small claims
court process.
0he *C' we1site also has pu1lications to help &ou in these areas:
'ccounting /11+2,.htm - -in.ing/and/0hird
'utomo1iles /11+2,.htm - -in.ing/and/0hird
an.ruptc& /11+2,.htm - -in.ing/and/0hird
ar1ering and Cosmetolog& /11+2,.htm - -in.ing/and/0hird
Cemeter&/(uneral /11+2,.htm - -in.ing/and/0hird
Construction and @ome 5mprovement /11+2,.htm - -in.ing/and/0hird
Contracts /11+2,.htm - -in.ing/and/0hird
Credit /11+2,.htm - -in.ing/and/0hird
*ental /11+2,.htm - -in.ing/and/0hird
7lectronic and 'ppliance !epair /11+2,.htm - -in.ing/and/0hird
7ngineering/Geolog& /11+2,.htm - -in.ing/and/0hird
General /11+2,.htm - -in.ing/and/0hird
@ealth /11+2,.htm - -in.ing/and/0hird
@earing/Speech /11+2,.htm - -in.ing/and/0hird
@iring State--icensed 5ndividuals and usinesses /11+2,.htm -
-in.ing/and/0hird
@ome (urnishings /11+2,.htm - -in.ing/and/0hird
5dentit& 0heft /11+2,.htm - -in.ing/and/0hird
-andlord /11+2,.htm - -in.ing/and/0hird
#edical oard /11+2,.htm - -in.ing/and/0hird
?atural *isasters /11+2,.htm - -in.ing/and/0hird
%est Control /11+2,.htm - -in.ing/and/0hird
%harmac& /11+2,.htm - -in.ing/and/0hird
%h&sician 'ssistant /11+2,.htm - -in.ing/and/0hird
%odiatric #edicine /11+2,.htm - -in.ing/and/0hird
%rivac& /11+2,.htm - -in.ing/and/0hird
%s&chotherap& /11+2,.htm - -in.ing/and/0hird
!etail Sales and usiness 'dvertising /11+2,.htm - -in.ing/and/0hird
!ental %ropert& /11+2,.htm - -in.ing/and/0hird
!eturns2 !efunds2 and Farranties /11+2,.htm - -in.ing/and/0hird
Sales /11+2,.htm - -in.ing/and/0hird
Securit& /11+2,.htm - -in.ing/and/0hird
Small Claims Court /11+2,.htm - -in.ing/and/0hird
Smog /11+2,.htm - -in.ing/and/0hird
0elemar.eting-asic (acts a1out 0elemar.eting /11+2,.htm - -in.ing/and/0hird
0enants /11+2,.htm - -in.ing/and/0hird
Keterinar& #edical oard /11+2,.htm - -in.ing/and/0hird
Cali$ornia /epartment o$ .ndustrial Relations2 /i%ision o$ La*or Standards
"n$orcement /11+2,.htm - -in.ing/and/0hird
0his site offers help with wage disputes2 discrimination complaints2 enforcement of
CaliforniaJs la1or laws and 5ndustrial Felfare Commission orders2 and more.
Cali$ornia /epartment o$ .nsurance 0C/.1 /11+2,.htm - -in.ing/and/0hird
0he C*5 site is designed to help consumers2 aid in the licensing of insurance agents or
1ro.ers2 and provide information on the laws that regulate the insurance industr&.
Cali$ornia State Sheri$$3s Association /11+2,.htm - -in.ing/and/0hird
0his we1site can help &ou find &our count&Js sheriff.
Contractors State License Board 0CSLB1 4 +iling Construction
Complaints /11+2,.htm - -in.ing/and/0hird
0he CS- ma& 1e a1le to help &ou if &ou have a complaint against a licensed contractor.
/epartment o$ Motor 5ehicles 0/M51 /11+2,.htm - -in.ing/and/0hird
0he *#K can help &ou file a complaint against a car dealer.
/istrict Attorney /11+2,.htm - -in.ing/and/0hird
0he district attorne&Js office in &our count& ma& 1e a1le to help &ou with consumer
pro1lems. 0his statewide roster of district attorne&s is posed 1& the California *istrict
'ttorne&s 'ssociation.
o) /o . 'se the Small Claims Court- /11+2,.htm - -in.ing/and/0hird
' State ar of California pamphlet.
La)elpCali$ornia! Small Claims Court /11+2,.htm - -in.ing/and/0hird
-in.s to information on using small claims court2 fre3uentl& as.ed 3uestions2 small
claims forms and more. <Select &our count& or enter &our Lip code for information
specific to the area that &ou live in.=
Local legal ser%ices o$$ices $or seniors in Cali$ornia /11+2,.htm - -in.ing/and/0hird
*irector& of legal services offices for people 60 and over. %osted 1& the ?orthern
California Senior -egal @otline /11+2,.htm - -in.ing/and/0hird.
Small Claims Court! A Guide to .ts Practical 'se /11+2,.htm - -in.ing/and/0hird
Guide prepared 1& the California *epartment of Consumer 'ffairs.
See also on this 6nline Sel$4elp Center!
"%iction and ousing
0his section of the ;nline Self-@elp Center has information on: eviction2 rental deposits2
housing discrimination2 and free and low-cost legal help in landlord/tenant matters.
Resol%e Your /ispute 6ut o$ Court
0his section of this ;nline Self-@elp Center can teach &ou a1out mediators and other
wa&s to solve a pro1lem without having to go in front of a 4udge.
http://www.courts.ca.gov/100C.htm
Suing Someone
Checklist 7 .$ You Are Suing
8& 0al. to the person or 1usiness &ou are thin.ing a1out suing. 0r& to wor. things
out 1efore going to court. "ou can also write a Gdemand letterH that as.s the
person or 1usiness in writing what &ou are as.ing for. Get help with a demand
letter.
9& 0r& mediation or other alternatives to law&ers and courts. "ou can tr& mediation
throughout &our case2 even if it does not wor. now.
:& Consider if going to court can give &ou what &ou want. 5f &ou win in court2 the
court cannot collect the mone& for &ou. 5s the person &ou are suing a1le to pa&A 5f
&ou want to sue a neigh1or 1ecause the neigh1or 1ehaves 1adl&2 will suing ma.e
the neigh1or 1ehave 1etterA Courts cannot force good 1ehavior. Fill the time and
mone& it ta.es to go to court 1e worth the li.el& outcomeA 's. &ourself these
3uestions 1efore filing &our claim so &ou do not find &ourself worse off after
suing than if &ou did not sue at all.
;& -earn a1out how small claims court wor.s. Go to the courthouse and watch a
small claims hearing. 0hat wa& &ou will .now what to e9pect. !ead this we1site2
get help from &our courtJs small claims advisor and use the different resources this
we1site gives &ou.
<& 5f &ou decide to go to court2 follow these steps:
1. (igure ;ut @ow to ?ame the *efendant
2. 's. for %a&ment
E. (ind the !ight Court to (ile "our Claim
4. (ill ;ut "our Court (orms
+. (ile "our Claim
6. Serve "our Claim
C. Go to Court
=& 'fter &our hearing2 read what to do on the %laintiffJs %ost-@earing Chec.list.
http://www.courts.ca.gov/100:.htm
Steps to +iling a Small Claims Case
(ollow each one of these steps to ma.e sure &ou file &our claim correctl&. Clic. on each
step to get more information. "ou can get help with ever& step of the process from &our
courtJs small claims advisor.
1. (igure ;ut @ow to ?ame the *efendant
2. 's. for %a&ment
E. (ind the !ight Court to (ile "our Claim
4. (ill ;ut "our Court (orms
+. (ile "our Claim
6. Serve "our Claim
C. Go to Court
http://www.courts.ca.gov/1E:C.htm
Change Your Claim or Court /ate
o) to Change Your Claim
'fter &ou file &our Plaintiff's Claim <(orm SC-100= &ou ma& realiLe &ou need to change
something on the claim. "ou ma& need to:
>& Change the name o$ the de$endant?
@& Change )hat you are asking $or in the claim? or
A& Remo%e one or more o$ the de$endants $rom the claim&
Change the name o$ the de$endant
.$ your claim has not *een ser%ed2 go to the small claims court clerk
and ask to amend 0change1 your claim& (ake your original $orms
)ith you& A$ter you $ile your Bamended claim2B ser%e it on the
de$endant&
.$ your claim already has *een ser%ed on any o$ the de$endants2 $ill
out a Request to Amend Claim Before Hearing (Small Claims)
0+orm SC488;1 or )rite a letter to ask $or permission to change
your claim& +ile +orm SC488; or your letter )ith the court clerk&
A copy o$ your +orm SC488; or letter must also *e mailed or
personally deli%ered to all o$ the other parties in your case&
Another approach )ould *e simply to ask the Cudge to amend the
de$endant3s name at your hearing& 0Read Code o$ Ci%il Procedure
section 88=&<=D0*1 /11+2,.htm - -in.ing/and/0hird $or the la)&1
Change )hat you ask $or in the claim
.$ your claim has not *een ser%ed2 go to the small claims court clerk and
ask to ha%e an BamendmentB attached to your claim& (ake your original
$orms )ith you&
.$ your claim already has *een ser%ed on any o$ the de$endants and you
then make any changes2 you must re4ser%e the de$endant&
Remo%e 8 or more de$endants $rom the claim
You got something called a Bdismissal $ormB )hen you $iled your claim&
'se this $orm to say )hich de$endants you do not )ant to sue anymore&
(here are 9 types o$ dismissals!
B,ithout PreCudiceB E (his means that you keep the right to $ile the
claim against the dismissed de$endant in the $uture&
B,ith PreCudiceB E (his means that you cannot $ile the claim against
the dismissed de$endant in the $uture&
o) to Change Your Court /ate
.$ you )ant to change your court date2 you must ask $or a postponement
0also called a BcontinuanceB1&
(o ask $or a postponement at least 8D days *e$ore your trial!
+ile a Request to Postpone Trial (Small Claims) 0+orm SC48<D12 6R
,rite a letter to the court eFplaining )hy you need to change your
court date&
AG/
Mail or personally gi%e a copy o$ your +orm SC48<D or letter to the
other people named in the claim&
You may ha%e to pay a H8D $iling $ee to ask $or the postponement&
.$ your trial is in less than 8D days!
(ake your completed +orm SC48<D or letter to the clerk3s o$$ice& Ask
the clerk to attach it to your $ile& 6r go to your trial and ask the
Cudge $or a postponement 0or continuance1&
.n your +orm SC48<D or letter2 gi%e the Cudge a good reason )hy you
are $iling your reIuest late&
Also2 mail or personally gi%e a copy o$ your +orm SC48<D or letter to
the other people named in the claim&
Pay a H8D $iling $ee&
A$ter you reIuest to postpone the trial
(he court )ill mail you an Order on Request to Postpone Trial 0+orm
SC48<91 stating the courtJs decision on your reIuest or may use another
type o$ similar notice&
.$ the court postpones the trial2 it )ill gi%e you the ne) court date on
+orm SC48<9 or on a similar notice& (he court )ill send this notice to
you and all the de$endants&
.$ the court does not postpone the trial2 the trial )ill *e on the date )hen
it is currently scheduled& (he court )ill let you kno) that your reIuest
)as denied and )hy on +orm SC48<9 or other similar notice&
.$ you do not hear $rom the court2 go to the court on the scheduled trial
date&
http://www.courts.ca.gov/1111.htm
Plainti$$3s Post4(rial Checklist
8& !ead What to o After the Court ecides !our Small Claims Case <(orm SC-
200-5?(;=.
9& 5f &ou won the case and the other person <the defendant= owes &ou mone&2 tr& to
get him or her to pa& &ou. ;nce the defendant has paid2 file a form called
Ac"no#ledgment of Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=.
!ead Collect "our $udgment for more information a1out what &ou can do to
collect &our 4udgment.
:& 5f &ou lost and owe mone& pa& the court or the other person directl&. 'fter &ou
pa&2 ma.e sure the defendant files a form called Ac"no#ledgment of Satisfaction
of Judgment <(orm SC-2,0 or (orm 7$-100=. 5f the person &ou owe mone& to
does not file this form2 &ou can as. the court cler. to enter a >satisfaction of
4udgment> if &ou can prove &ou paid the full amount of the 4udgment with the
interest and costs.
'fter &ou re3uest in writing that the defendant file the Ac"no#ledgment of
Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=2 the defendant
has 14 da&s to compl&. 5f the defendant fails or refuses to2 &ou can sue him
or her for B+0 plus an& actual damages &ou incurred. 0o read the law2 see
Code of Civil %rocedure section 116.:+0 /11+2,.htm - -in.ing/and/0hird.
5f &ou do not pa&2 &ou must mail a Judgment e$tor's Statement of Assets
<(orm SC-1EE= to the person &ou owe mone& to within E0 da&s of the
courtJs 4udgment in &our case.
!ead %a& the $udgment and Payments in Small Claims Cases <(orm SC-220-
5?(;= for more information.
;& 's the plaintiff2 &ou C'??;0 appeal the 4udgeJs decision on &our claim. ;nl&
the person or 1usiness &ou sued can appeal the decision.
<& "ou C'? appeal if the other person or 1usiness sued &ou 1ac. <1& filing a
efendant's Claim= and &ou lost. -earn how to appeal &our small claims case.
=& !ead the *epartment of Consumer 'ffairsJ we1site /11+2,.htm -
-in.ing/and/0hird for more information.
Being Sued
Checklist 4 .$ You Are Being Sued
8D& 0al. to the person or 1usiness &ou are thin.ing a1out suing. 0r& to wor. things
out. 5f &ou owe the other person mone&2 pa& it or tr& to wor. out a pa&ment plan
1efore the court date.
88& 0r& mediation or other alternatives to law&ers and courts. "ou can tr& mediation
throughout &our case2 even if it does not wor. now.
89& -earn a1out how small claims court wor.s. Go to the courthouse and watch a
small claims hearing. 0hat wa& &ou will .now what to e9pect. !ead this we1site2
get help from &our courtIs small claims advisor2 and use the different resources
this we1site gives &ou.
8:& (igure out if &ou are 1eing sued in the wrong court.
8;& *ecide if &ou want to sue the person who is suing &ou. 5f &ou do2 learn how to file
a defendantJs claim.
8<& Get read& and go to &our trial.
8=& 'fter &our hearing2 read what to do on the *efendantJs %ost-0rial Chec.list.
http://www.courts.ca.gov/1112.htmM(iguring/;ut/if/&ou/@ave/een/Sued/in/the/Fr
ong/Court
6ptions ,hen You Are Sued
5f &ou have 1een sued in small claims court2 &ou have several options:
8>& You can settle your case *e$ore the trial&
"ou and the plaintiff <the other side= can wor. out an agreement to settle the case.
"our court ma& have a small claims mediation program that can help &ou. ;r &ou
can tal. to the small claims advisor for information. 5f &ou settle &our case2 &ou
have to let the court .now. -earn more a1out small claims mediation.
8@& You can pro%e you )ere sued in the )rong court&
5f &ou thin. &ou were sued in the wrong court2 &ou can let the court .now and as.
the 4udge to dismiss the claim. (ind out if &ou were sued in the wrong court and
get instructions for what to do.
8A& You can go to your trial and try to )in&
0a.e witnesses2 receipts2 and evidence that &ou need to prove &our case. !ead
Going to Court to get information a1out how to prepare for &our trial.
9D& You can sue the person suing you&
5f &ou 1elieve the plaintiff owes &ou mone&2 &ou can file a defendantJs claim.
!ead @ow to Sue the %erson Suing "ou for information and instructions. 0here is
a deadline for &ou to do this so act 3uic.l&.
98& You can agree )ith the plainti$$Js claim and pay the money&
"ou can 4ust agree that &ou owe the mone& and pa& the plaintiff. "ou can as. the
plaintiff to dismiss the case if &ou pa&. 5f &ou cannot pa& it all at once2 &ou can go
to &our trial to as. the 4udge to let &ou ma.e pa&ments.
99& You can do nothing&
5f &ou do nothing and do not go to &our trial2 &ou will GdefaultH and the 4udge will
pro1a1l& enter a default 4udgment against &ou. 0he plaintiff will pro1a1l& get
what he or she is as.ing for plus an& filing fees or other court costs related to the
small claims case. 5f this happens2 the plaintiff can legall& ta.e &our mone&2
wages2 and propert& to pa& the 4udgment.
+iguring 6ut .$ you a%e Been Sued in the ,rong
Court
7ver& count& in California has a small claims court. 0he person suing &ou <called >the
plaintiff>= has to sue &ou in the right court.
"ou can as. for &our case to 1e dismissed <or transferred to the proper court location in
&our count&= if &ou are sued in the wrong court. Frite to the court address shown on the
claim &ou received and e9plain wh& &ou want a dismissal. "ou must also send a cop& of
&our letter to the other side and file a proof of mailing with the court cler.. "ou can also
go to court on the hearing date and as. for &our case to 1e dismissed.
5f &ou need to figure out if &ou were sued in the wrong court2 tal. to the small claims
advisor. 0he advisor can help &ou do this and2 if &ou are sued in the wrong court2 can tell
&ou how to let the court .now.
,here should a claim *e $iled-
Nsuall&2 the plaintiff can sue &ou in the count& where &ou live or do 1usiness. ut there
are other possi1ilitis depending on the specifics of the claim:
.$ you are *eing sued *ecause o$ a contract
"ou can 1e sued in the count& where &ou signed the contract. "ou can also 1e
sued where &ou lived or wor.ed when &ou signed the contract. 'nd &ou can 1e
sued where the contract was performed <or was to 1e performed= or where it was
1ro.en.
.$ your corporation is *eing sued
0he corporation can 1e sued where the contract was 1ro.en. 5f the person suing
sa&s he or she was hurt2 or if his or her propert& was damaged2 the corporation can
1e sued where that happened. ' corporation can also 1e sued where its office or
1usiness is located. ut if &our corporation is not licensed to do 1usiness in
California2 it cannot appear in court to defend itself2 and the other side can as. the
court for a 4udgment in their favor.
.$ you are *eing sued *ecause o$ a car accident
0he plaintiff can sue &ou in the count& where the accident happened or in the
count& where &ou live now.
.$ the plainti$$ 0a seller1 says you o)e them money $or a consumer purchase
0he plaintiff can sue:
Fhere &ou <the 1u&er= liveD
Fhere &ou <the 1u&er= lived when &ou made the purchaseD
Fhere &ou <the 1u&er= made the purchaseD or
Fhere the item purchased is located.
.$ the plainti$$ is suing you *ecause you *ought something or . paid $or a ser%ice
0he plaintiff can sue in the count&:
Fhere &ou <the 1u&er= liveD
Fhere &ou <the 1u&er= lived when the item or service was purchasedD
Fhere &ou <the 1u&er= 1ought or paid for the item or service.
.$ you are not sure i$ you )ere sued in the right court2 talk to the small claims
ad%isor $or help&
http://www.courts.ca.gov/111E.htm
o) to Sue the Person Suing You
5f &ou thin. the person suing &ou <called >the plaintiff>= owes &ou mone& or hurt &ou2
&ou can as. the court to decide &our claim and the plaintiffIs claim at the same time. 5f
&ou want to do this2 &ou must normall& file and serve a defendantJs claim using form SC-
120 at least + da&s 1efore the hearing date. ut2 if &ou were served with the Plaintiff's
Claim <(orm SC-100= ten da&s or less 1efore the hearing date &ou must file and serve
&our defendantJs claim at least 1 da& 1efore the hearing date. 0he instructions 1elow will
give &ou more information a1out filing and serving &our claim and lin.s to the forms &ou
need.
Oeep in mind that2 if &ou want to sue the plaintiff as part of the claim he or she filed
against &ou2 &ou have to meet the re3uirements for small claims court. 0hat means that
&ou cannot as. for more than B102000 in &our claim. 5f &ou are a 1usiness or other entit&
<li.e a government entit&= &ou cannot as. for more than B+2000. 'nd &ou cannot have a
law&er represent &ou in court. ut &ou can tal. to a law&er 1efore or after &our court trial.
5f &ou want to as. for more than B102000 <for individuals= or B+2000 <1usinesses and
other entities=2 &ou need to sue in the civil division of the superior court and not in
small claims court. 5n the civil division2 law&ers can represent each side. Clic. for
information on lawsuits in the civil division.
Gote: "ou can onl& file a defendantJs claim against those who have sued &ou. (or
e9ample2 if &ou were onl& sued 1& the owner of a car for a car accident &ou were in <and
not 1& the driver of that car=2 then &ou cannot file a defendantJs claim against 1oth the
owner and the driver. '?*2 there is an e9ception to the B102000 limit &ou should .eep in
mind: 5f &ou are suing the plaintiff for 1odil& in4uries that were the result of a car
accident2 and the plaintiff has car insurance that includes a >dut& to defend2> &ou can onl&
file a claim for a ma9imum of BC2+00.
.$ you decide $ile a de$endant3s claim against the plainti$$
5f &ou decide to file a defendantIs claim2 there are E steps &ou must ta.e 1efore &our court
hearing.
efore &ou start with step 12 thin. a1out whether &ou want to as. the plaintiff to pa& &ou
the mone& &ou claim he or she owes &ou. 0his is a Gdemand for pa&ment2H and &ou can
do it in person2 1& phone2 or in writing. 5t is ?;0 re3uired for a defendantIs claim2 1ut
&ou can do it if &ou would li.e.
0hen2 &ou are read& to follow the steps 1elow. Clic. on each step for more information.
Step 1. (ill ;ut "our *efendantJs Claim
0o prepare &our defendantJs claim2 &ou need to fill out court forms that include a
efendant's Claim <(orm SC-120=. 0hese forms tell the court and the plaintiff <the person
or 1usiness &ou are suing 1ac.= a1out &our claim.
(o $ill out your papers!
9:& Read Information for the Plaintiff (Small Claims) 0+orm SC48DD4.G+61 and
the B.n$ormation $or the /e$endantB on page ; 0in "nglish1 and page < 0in
Spanish1 o$ +orm SC48DD
9;& Get help $rom your courtJs small claims legal ad%isor
"our courtIs small claims legal advisor ma& 1e a1le to help &ou figure out how
much to sue for as well as help &ou fill out &our court forms.
9<& +ill out your court $orms
(ill out:
efendant's Claim and %&E& to 'o to Small Claims Court <(orm SC-120=.
5f there are more than 2 plaintiffs or 2 defendants2 also fill out %ther Plaintiffs
or efendants (Attachment to efendant's Claim and %&E& to 'o to
Small Claims Court) <(orm SC-120'=.
5f &ou need more space to descri1e &our claim and what happened2 or &ou
need witness statements2 &ou can use a eclaration <(orm #C-0E0=.
5f &ou are a 1usiness2 &ou ma& also have to fill out a (ictitious )usiness Name
(Small Claims) <(orm SC-10E= declaration.
9=& +ill out your courtJs local $orms 0i$ any1
's. &our local court cler. if there are local forms &ou have to fill out. Some
courts also have forms on the courtJs we1site.
9>& a%e your $orms re%ie)ed
"ou can as. a small claims advisor to review &our paperwor. after &ou filled it
out. 0he& can help &ou ma.e sure &ou filled it out properl& 1efore &ou file it. "ou
can also go to a pu1lic law li1rar& /11+2,.htm - -in.ing/and/0hird and as. a
li1rarian for self-help 1oo.s to help &ou fill out &our forms.
9@& +ile your de$endant3s claim
'fter &ou fill out &our forms2 the ne9t step is to ta.e &our forms to the court
<called >filing &our claim>=.
Step 2. (ile "our *efendantJs Claim
'fter &ou finish &our court forms2 &ou must give &our forms to the cler. of the court to
file &our defendantJs claim.
(ollow these steps to file &our claim:
*+ +igure out ho) much you ha%e to pay to $ile
"ou will have to pa& a fee to file papers with the court. 0he amount of &our fee
depends on how much &ou are suing for.
5f &ou cannot afford the filing fee2 &ou can as. the court for a fee waiver. 5f
&ou get a fee waiver2 &ou will not have to pa& the filing fees.
,+ (ake your $orms to the clerk o$ the small claims di%ision at your superior
court
0a.e &our:
efendant-s Claim and %&E& to 'o to Small Claims Court <(orm SC-120=D
;ther forms &ou filled out <if an&=D and
%a&ment or fee waiver forms to the court cler..
Some courts also re3uire &ou to 1ring 2 or more copies of &our (orm SC-120
and other forms.
.+ +ile your $orms )ith the clerk
Fhen &ou ta.e &our forms to the court2 the cler. will loo. at &our forms and ma&
as. &ou a few 3uestions. 'fter loo.ing at &our forms2 the cler. will usuall& stamp
the forms >(iled> and fill in the date2 time2 and location of &our court trial <it
should 1e the same date as on the Plaintiff's Claim that &ou were served with=.
0he cler. will .eep the originals of theforms and give &ou a cop& for &ourself and
other copies for each plaintiff &ou are suing.
5f &ou do not spea. 7nglish well2 as. the cler. for an interpreter for &our
hearing date. 5f a court interpreter is not availa1le2 1ring someone to
interpret for &ou. *o not as. a child2 a protected person2 or a witness to
interpret for &ou. Get tips to help &ou wor. with a court interpreter.
5f &ou are deaf2 hard-of-hearing2 or have another disa1ilit&2 as. for an
interpreter or other accommodation. Clic. for more information for
persons with disa1ilities and a form to as. for an accommodation.
/+ Mark your calendar )ith the date o$ your court hearing
5t is ver& important &ou go to &our court hearing. 5f &ou do not go2 the 4udge will
pro1a1l& ma.e a decision without hearing &our side.
0+ Keep your court papers sa$e in a separate $older
e sure &ou .eep a clean cop& of all of &our court papers in this folder.
5f &ou realiLe2 after &ou file &our defendantIs claim2 that &ou want to change
something &ou as.ed for in &our claim or want to add more information2
&ou ma& 1e a1le to correct &our (orm SC-120. 0o change &our (orm SC-
1202 &ou can write a letter or fill out a eclaration <(orm #C-0E0= and
e9plain what &ou want to change or clarif& from &our (orm SC-120. (ile
the letter or form with the cler. and mail a cop& to the plaintiff. ring
e9tra copies to &our trial.
"ou ma& also 1e a1le to change &our court date if &ou need to postpone it for
a valid reason. Clic. to find out how to change &our court date.
1+ Ser%e your $orms
;nce &ou file &our claim2 the other side needs to find out a1out the case and the
court hearing. 0hat happens when &ou GserveH &our forms.
Step E. Serve "our *efendantJs Claim
test>Service> is when someoneP?;0 you or anyone else listed in this casePgives a
cop& of &our court papers to the person2 1usiness2 or pu1lic entit& &ou are filing a
defendantJs claim against. Service lets the other side .now:
Fhat &ou are as.ing forD
Fhen and where the trial will 1eD and
Fhat the& can do.
>Service> is K7!" important and can 1e confusing. !ead the Service of %rocess section
to learn more a1out serving court papers. "ou can also as. &our small claims advisor for
help with service.
0here are also 2 court forms that can help &ou understand service in &our small claims
case and ma.e sure &ou follow the right steps. !ead:
What is Proof of Ser2ice3 (Small Claims) <(orm SC-104=D and
4o# to Ser2e a )usiness or Pu$lic Entity (Small Claims) <(orm SC-104C=.
(o make sure you ser%e your papers properly!
Ser%e your papers *e$ore the deadline?
Ser%e your claim in the proper legal )ay?
Ser%e the right person? and
+ile a Proo$ o$ Ser%ice in court.
Ser%e Your Papers Be$ore the /eadline
0he deadline &ou have to serve &our efendant's Claim <(orm SC-120= depends on when
&ou were served with the Plaintiff's Claim <(orm SC-100=:
5f &ou received a cop& of the Plaintiff's Claim more than 8D days 1efore the trial
date2 &ou have to ser%e the plaintiff at least < days *e$ore the hearing.
5f &ou received a cop& of the Plaintiff's Claim 8D days or less 1efore the trial date2
&ou have to ser%e the plaintiff at least 8 day *e$ore the hearing.
Ser%e Your Claim in the Proper Legal ,ay
0he server must 1e at least 1: and not listed in the case. @e or she can 1e:
' friend2 relative or co-wor.er.
' >process server2> who is someone &ou pa& to deliver court forms. -oo. in the
"ellow %ages under >%rocess Serving.>
0he sheriff <or marshal if &our count& has one= can also deliver court forms. (ind the
sheriffJs office online /11+2,.htm - -in.ing/and/0hird or as. the court cler. how
to contact the sheriff. ;r loo. in the count& section of &our phone 1oo. under
>sheriff.> "ou must pa& the sheriff2 unless &ou 3ualif& for a fee waiver.
0here are E different wa&s to serve a efendant's Claim in a small claims case:
1. %ersonal Service
2. Su1stituted Service
E. Service 1& Certified #ail 1& the Court Cler.
Personal Ser%ice
's. &our server to personall& >serve> <give= a cop& of &our court papers to the plaintiff2
or to the agent legall& authoriLed to accept court papers for the plaintiff. 0ell the server
to:
Fal. up to the person to 1e served.
Sa&2 >0hese are court papers.>
Give the person copies of all the court papers. 5f the person will not ta.e the papers2
4ust leave them near the person. 5t does not matter if the person tears them up or
throws them awa&.
(ill out the Proof of Ser2ice (Small Claims) <(orm SC-104=2 sign it on page 22 and
return the completed form to &ou so that &ou can file it.
Su*stituted Ser%ice
5f the plaintiff is not at home or wor. when &our server goes there2 &our server can give
the court papers to:
' competent adult <at least 1:= living at the home with the person to 1e served <the
plaintiff=D
'n adult who seems to 1e in charge where the plaintiff usuall& wor.sD or
'n adult who seems to 1e in charge where the plaintiff receives mail.
"our server also has to:
0ell the person he or she is leaving the court papers with to give them to the plaintiff.
Frite down the name of the person he or she gave the court papers to. 5f the person
will not give his or her name2 &our server must write down a ph&sical description
of the person who too. the papers.
#ail another cop& of the court papers 1& first-class mail to the plaintiff at the same
address where &our server left the papers.
(ill out the Proof of Ser2ice (Small Claims) <(orm SC-104=2 and sign it on page 2.
0he server #NS0 also fill out and sign the Proof of 5ailing (Su$stituted Ser2ice)
<(orm SC-104'= for the second step of mailing a cop& of the efendant's Claim.
;nce the server fills out 1oth forms2 he or she must return the completed forms to
&ou so that &ou can file them with the cler..
Ser%ice *y Certi$ied Mail *y the Court Clerk
"ou can pa& the court cler. to mail &our claim to the plaintiff 1& certified mail. 0his can
1e ver& convenient and the fee is low.
ut this t&pe of service can also 1e ver& unrelia1le. 0he court will pro1a1l& not accept it
and will ma.e &ou serve again <with personal or su1stituted service= if:
0he plaintiff or the plaintiffJs agent for service does not sign the certified mail receipt
with his or her complete nameD
0he 4udge cannot read the signature on the certified mail receipt and cannot tell who
signed itD or
Someone else signed the receipt.
Ser%e the right person
5f &ou are filing a efendant's Claim against a person <or people= P not a 1usiness or
pu1lic entit& P serve each person &ou are suing. (or e9ample2 if &ou were in a car
accident and &ou are filing a efendant's Claim against the owner and the driver of the
car2 &ou must serve 1oth people.
5f &ou are filing a efendant's Claim against a 1usiness or pu1lic entit&2 clic. on a topic
1elow:
5f &ou are suing a partnership
5f &ou are suing a corporation or --C
5f &ou are suing &our landlord
5f &ou are suing the count&
5f &ou are suing the cit&
5f &ou are suing the state
.$ you are suing a partnership!
5f &ou are 4ust filing a efendant's Claim against the 1usiness2 serve 1 of the partners.
5f &ou are filing a efendant's Claim against a 1usiness and the partners2 serve each
partner.
5f &ou are filing a efendant's Claim against a limited partnership2 serve the general
partner or general manager.
5f the 1usiness has an agent for service2 &ou can serve the agent.
.$ you are suing a corporation or limited lia*ility company 0LLC1!
Serve an officer of the corporation or --C or their agent for service.
Oeep in mind that &ou can find information a1out the corporation or --C on the
Plaintiff's Claim <(orm SC-100=.
"ou can find out the name of the corporationJs or --CJs agent for service at the
we1site of the California Secretar& of State /11+2,.htm - -in.ing/and/0hird.
0he we1site can also tell &ou how to write to the Secretar& of State to get more
information a1out the corporation or --C2 such as a list of the compan&Js officers.
.$ you are suing your landlord!
Serve the owner of the propert& &ou are renting.
"our landlordJs name2 address2 and phone num1er should 1e on the landlordJs
Plaintiff's Claim <(orm SC-100=.
5f it is not2 the information should 1e on &our lease or posted on 2 conspicuous places
on the propert& &ou are renting.
.$ you are suing the county
Serve the count& cler. or agent authoriLed to accept service.
0he address and phone num1er for the agenc& should 1e on the Plaintiff's Claim
<(orm SC-100= that &ou were served with.
5f it is not2 chec. &our count&Js we1site /11+2,.htm - -in.ing/and/0hird
http://www.courtinfo.ca.gov/lin.pol.htmfor the cler.Js address and telephone
num1er.
;r find the address and phone num1er in the government pages of &our phone 1oo..
.$ you are suing the city
Serve the cit& cler. or agent authoriLed to accept service.
0he address and phone num1er for the agenc& should 1e on the Plaintiff's Claim
<(orm SC-100= that &ou were served with.
5f it is not2 find the address and phone num1er in the government pages of &our phone
1oo.. 0his information is usuall& listed in the cit& section2 under C-7!O.
.$ you are suing the state
0he address and phone num1er for the agenc& &ou need to serve should 1e on the
Plaintiff's Claim <(orm SC-100= that &ou were served with.
5f it is not2 &ou can serve the state 'ttorne& GeneralJs office if &ou are filing a
efendant's Claim against the California @ighwa& %atrol or most consumer
affairs 1oards.
5f &ou are filing a efendant-s Claim against Caltrans2 &ou must serve the California
*epartment of 0ransportation. Clic. for the head3uartersJ address /11+2,.htm -
-in.ing/and/0hird.
Clic. for the mailing address of the ;ffice of the 'ttorne& General /11+2,.htm -
-in.ing/and/0hird or call the office at 1-:00-,+2-+22+ for more information.
Oeep in mind &ou must serve the person authoriLed to receive service for each
individual state entit&. 0hat person is usuall& the head of the state entit&.
+ile a Proo$ o$ Ser%ice in court
;nce &our server has served the plaintiff with a cop& of &our efendant-s Claim2 &our
server has to fill out a Proof of Ser2ice (Small Claims) <(orm SC-104=2 for each person2
1usiness2 or pu1lic entit& served. 0he proof of service tells the court who was served and
when2 where2 and how the& were served. 5f an& of the plaintiffs were served 1&
su1stituted service2 &our server #NS0 also fill out and sign the Proof of 5ailing
(Su$stituted Ser2ice) <(orm SC-104'= for the second step of mailing a cop& of the
efendant's Claim.
Fhen the server fills out and signs the %roof of Service2 &ou must file it with the court
1efore &our court date <at least + da&s 1efore=2 or if &ou do not have time2 ta.e the proof
of service to &our trial.
5f &ou do not have a %roof of Service for each person served2 or if the %roof of Service is
not filled out correctl&2 the 4udge ma& not 1e a1le to hear &our defendantIs claim. @ave
the small claims advisor loo. over the proof of service to ma.e sure it was filled out
correctl&.
'fter &ou serve the plaintiff and file &our %roof of Service with the court2 &ou should get
read& to Go to Court.
Change Your Court /ate
5f &ou want to change &our court date2 &ou must as. for a postponement <also called a
>continuance>=.
(o ask $or a postponement
't least 10 da&s 1efore &our hearing:
(ill out &e6uest to Postpone 7rial (Small Claims) <(orm SC-1+0= ;! write a letter to
the court e9plaining wh& &ou need to change &our court dateD
#a.e a cop& of &our &e6uest or letter for &ourself and one for each other part& in the
case.
@ave a cop& of &our &e6uest <(orm SC-1+0= or letter served in person or 1& mail on
the other people named in the claim. 'n&one 1: or older2 not &ou or an&one
involved in the case2 can serve the papers and then fill out a Proof of Ser2ice using
(orm SC-104 <for service in person= or SC-112' <for service 1& mail= and return
to &ou.
(ile the original of &our &e6uest <(orm SC-1+0= or letter and &our Proof of Ser2ice
with the cler. at the court+ "ou ma& have to also pa& a B10 filing fee to as. for the
postponement if &ou were timel& served with the Plaintiff's Claim <meaning &ou
were served at least 1+ da&s 1efore &our court hearing2 if &ou live in the same
count& as the court2 or 20 da&s if &ou live in another count&D or 2+ da&s and E0
da&s respectivel& if &ou were served 1& su1stituted service=.
5f &our hearing is in less than 10 da&s:
0a.e &our completed &e6uest to Postpone 7rial (Small Claims) <(orm SC-1+0= or
letter to the cler.Js office. 's. the cler. to attach it to &our file. ;r go to &our
hearing and as. the 4udge for a postponement.
5n &our (orm SC-1+0 or letter2 give the 4udge a good reason wh& &ou are filing &our
re3uest late.
@ave a cop& of &our &e6uest <(orm SC-1+0= or letter served in person or 1& mail on
the other people named in the claim. 'n&one 1: or older2 not &ou or an&one
involved in the case2 can serve the papers and then fill out a Proof of Ser2ice2
using (orm SC-104 <for service in person= or SC-112'<for service 1& mail= and
return to &ou.
(ile &our Proof of Ser2ice and pa& a B10 filing fee if &ou were timel& served. "ou will
not have to pa& the B10 fee the first time &ou as. for a postponement to find an
interpreter.
A$ter you reIuest to postpone the trial
0he court will mail &ou an %rder on &e6uest to Postpone 7rial <(orm SC-1+2= stating the
courtIs decision on &our re3uest or ma& use another t&pe of similar notice.
5f the court postpones the trial2 it will give &ou the new court date on (orm SC-1+2 or on
a similar notice. 0he court will send this notice to &ou2 an& other defendants2 and the
plaintiffs.
5f the court does not postpone the trial2 the trial will 1e on the date when it is currentl&
scheduled. 0he court will let &ou .now that &our re3uest was denied and wh& on (orm
SC-1+2 or other similar notice.
5f &ou do not hear from the court2 go to the court on the scheduled trial date.
http://www.courts.ca.gov/12C26.htm
5acate a /e$ault Judgment
5f &ou are sued and &ou did not go to &our trial2 the court ma& enter a 4udgment against
&ou 1ased on the information the plaintiff provided2 without hearing &our side of the
stor&. 5f &ou then want a new trial2 &ou must as. the 4udge to vacate <cancel= the
4udgment against &ou. "ou must have a good reason for not going to &our trial2 li.e &ou
were not properl& served or &ou had a serious emergenc&.
Get help from &our courtIs small claims advisorQ
/eadline to ask the court to %acate the de$ault Cudgment
"ou must file a motion <petition= ?; -'07! 0@'? E0 *'"S from the date the
court cler. mailed &ou the Notice of Entry of Judgment <(orm SC-1E0 or (orm
SC-200=.
5f &ou were ?;0 %!;%7!-" S7!K7* with the Plaintiff's Claim <(orm SC-100=2
&ou have 1:0 *'"S from the date &ou *5SC;K7!7* there was a 4udgment
against &ou to file a motion to vacate.
o) to %acate your Cudgment
9A& (ill out a Notice of 5otion to 8acate Judgment and eclaration (Small Claims)
<(orm SC-1E+=.
:D& (ile it with the small claims court cler..
:8& %a& the filing fee. 5f &ou cannot afford the fee2 as. for a fee waiver.
:9& 0he cler. will give &ou a date for &our hearing. 't the hearing2 the 4udge will
decide whether to cancel the 4udgment or not.
Prepare $or your hearing
5f the 4udge vacates &our 4udgment2 1 of 2 things will happen:
1. "ou will have a new trial immediatel&D or
2. 0he 4udge will reschedule the trial for another date.
5n case &ou have a new trial right awa&2 &ou need to 1e prepared:
0a.e proof of wh& &ou could not go to &our first trial <for e9ample2 a letter from a
doctor or a hospital 1ill=.
0a.e an& evidence or witnesses &ou need to prove &our case. 5f &our witnesses cannot
go to court2 as. for a postponement <a new court date=. ut this is up to the 4udge.
"ou can ta.e written witness statements 4ust in case.
e prepared to tell &our side of the stor&.
A$ter the decision E Appealing the denial o$ motion to
%acate
5f the 4udge does not vacate <cancel= the 4udgment2 &ou can appeal the 4udgeJs decision to
den& &our Notice of 5otion to 8acate Judgment and eclaration <(orm SC-1E+=.
"ou have 10 da&s to file an appeal after the 4udge ma.es a decision.
Fhen &ou appeal the 4udgeJs denial of the motion to vacate:
(ile an appeal with the small claims court cler.. Nse the Notice of Appeal <(orm SC-
140= and ma.e sure &ou chec. the 1o9 for appealing the Gdenial of the motion to
vacate the small claims 4udgment.H
5f the court determines that &ou had a good reason for not showing up at &our small
claims trial2 &our appeal will 1e granted and 1 of 2 things #'" happen:
4. 0he 4udge ma& hear &our case right thenD or
+. 0he 4udge will send the case 1ac. to small claims court for a new trial.
0he cler. will mail &ou a notice with the date of &our new trial.
5f the 4udge denies &our appeal2 &ou must pa& the original 4udgment.
http://www.courts.ca.gov/111+.htm
Appeal Your Small Claims Judgment
Fhen &ou appeal a small claims 4udgment2 &ou as. the superior court to change the small
claims court 4udgeJs decision. "ou will have another court hearing and must present &our
case again.
' small claims appeal is a >trial de novo> or >new trial.> 0his means that the case is
decided 1& a new 4udge from the 1eginning so &ou have to present &our case all over
again. ecause this case is in the civil division of the superior court <and ?;0 in small
claims court=2 &ou <and the other side= are allowed to 1ring a law&er to represent &ou in
the new trial. Clic. for help finding a law&er.
.MP6R(AG(Q 0his is different from an appeal of a motion to vacate. 5f the defendant
did not show up at the original trial2 he or she has no right to as. for a new trial. 5nstead2
the defendant can onl& file a motion to vacate the 4udgment. 5f the 4udge denies that
motion2 then the defendant can appeal the 4udgeJs denial of the motion to vacate.
;nl& a defendant can file an appeal of a small claims 4udgment. N0 if &ou are the
plaintiff2 and the defendant counter-sued &ou 1& filing a efendant's Claim in response to
&our Plaintiff's Claim and &ou lose2 &ou C'? appeal. Since a small claims appeal is a
1rand-new trial2 the entire case is decided from scratch.
0o (ile an 'ppeal of a Small Claims $udgment
(o $ile an appeal o$ a small claims Cudgment
::& "ou must file &our appeal )ithin :D days of the date the small claims 4udgment
was mailed to &ou. 0his date will 1e on &our cop& of the small claims decision.
:;& (ile a Notice of Appeal (Small Claims) <(orm SC-140= with the small claims
court.
:<& 0he court will mail &ou the date and time of &our hearing on the appeal. 0he
hearing on &our appeal will 1e in the civil division of the superior court.
:=& Go to &our trial. "ou and the other side will have to present &our case all over
again.
:>& 5f &ou do not go to the trial2 the 4udge will not hear &our side of the stor&.
0he 0rial
5n a small claims appeal2 a new 4udge hears all the evidence again and ma.es a decision.
0hat 4udge does not .now what happened in the first trial2 so this new 4udge loo.s at
ever&thing as if the case was 1eing decided for the first time.
7ither side can have an attorne& represent him or her at the appeal. 5f &ou decide to hire a
law&er for the appeal2 it is possi1le that the 4udge ma& award &ou B1+0 in attorne& fees
and up to B1+0 for &our actual loss of earnings2 e9penses of transportation2 and lodging
incurred in connection with the appeal.
'lso2 if &ou or &our law&er <if &ou have one= can prove that the other side filed an appeal
in 1ad faith with the intent to harass or dela& &ou or to encourage to &ou drop &our claim2
it is possi1le that the 4udge ma& award reasona1le and actual attorne& fees of up to B12000
and B1000 in actual losses in earnings or transportation/lodging e9penses that &ou
incurred due to the appeal <and that are reasona1le costs=.
5f &ou want to as. for attorne& fees and/or lost earnings and transportation and lodging
costs2 1e sure to spea. up during the hearing. "ou ma& 1e as.ed to prove &our actual loss2
so &ou ma& need paperwor. <receipts2 1ills= showing the charges.
0he $udgeIs *ecision
.$ you )in the appeal
' 4udgment on appeal is final.
5f &ou are the plaintiff2 once the court sends &ou a notice that &ou won the appeal2 &ou
can go ahead with the collection of &our 4udgment. 0here is no E0-da& waiting
period2 li.e there is after the original small claims trial.
5f &ou are the defendant and &ou completel& win the appeal2 &ou do not have to pa&
an&thing.
.$ you lose the appeal
5f &ou lose2 &ou will have to pa& the original 4udgment. "ou ma& have to pa& more if the
4udge decides &ou owe a larger amount.
"ou ma& 1e ordered to pa& the plaintiffIs court costs such as service and filing fees.
5nterest will also accrue at 10 percent for each &ear the 4udgment is not paid.
"ou ma& 1e ordered to pa& up to B1+0 for attorne& fees and an additional B1+0 for travel
costs2 loss of earnings2 and lodging reasona1l& incurred in connection with the appeal.
'nd if the 4udge finds &ou filed &our appeal in 1ad faith2 the court ma& award up to
B12000 in attorne& fees and also B12000 for travel costs2 loss of earnings2 and lodging to
the other side. (iling an appeal in 1ad faith means that:
9+ "ou filed &our appeal without strong support for &our positionD
:+ "ou intended to harass or dela& the other part&D or
;+ "ou filed &our appeal to encourage the other part& to a1andon the case
/e$endantJs Post4(rial Checklist
:@& !ead What to o After the Court ecides !our Small Claims Case <(orm SC-
200-5?(;=.
:A& 5f &ou did not go to the trial for a good reason2 &ou can as. the court to vacate
<cancel= &our 4udgment <called a >default 4udgment>= and give &ou a new trial
date. "ou will need to file a form called Notice of 5otion to 8acate Judgment and
eclaration (Small Claims) <(orm SC-1E+=.
!ead more a1out vacating <canceling= &our default 4udgment.
;D& 5f &ou went to the trial and lost2 &ou ma& as. for a new trial. "ou will need to file
a Notice of Appeal (Small Claims) <(orm SC-140=.
-earn how to appeal &our small claims 4udgment.
;8& 5f &ou lost and owe mone&2 pa& the court or the other side <the plaintiff=. 5f &ou do
not pa&2 &ou must mail a form called Judgment e$tor's Statement of Assets
(Small Claims) <(orm SC-1EE= to the plaintiff within E0 da&s. 'fter &ou pa&2
ma.e sure the plaintiff files a form called Ac"no#ledgment of Satisfaction of
Judgment <(orm SC-2,0 or (orm 7$-100=. 5f the plaintiff does not file this form2
&ou can as. the court cler. to enter a >satisfaction of 4udgment> if &ou can prove
&ou paid the full amount of the 4udgment with the interest and costs.
'fter &ou as. the plaintiff in writing to file the Ac"no#ledgment of
Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=2 he or she has 14
da&s to compl&. 5f he or she fails or refuses to compl&2 &ou can sue the
plaintiff for B+0 plus an& actual damages &ou incurred. 0o read a1out the
law2 see California Code of Civil %rocedure section 116.:+0 /11+2,.htm -
-in.ing/and/0hird.
;9& 5f &ou won after filing a efendant's Claim and the other side owes &ou mone&2
tr& to get them to pa& &ou. ;nce the& have paid2 file an Ac"no#ledgment of
Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=.
!ead Collect "our $udgment for more information.
;:& !ead the *epartment of Consumer 'ffairsJ we1site /11+2,.htm -
-in.ing/and/0hird.
Research Your Case
0his section gives &ou information a1out some of the more common t&pes of cases and
the steps &ou should ta.e as &ou prepare for &our small claims case.
Clic. on the topic that relates to &our dispute:
Car !epair *isputes
California has a ureau of 'utomotive !epair <'!= /11+2,.htm - -in.ing/and/0hird to
.eep repair shops from ta.ing advantage of &ou. 5f &ou are unhapp& with wor. done on
&our car2 &ou can file a complaint with the '!.
Be$ore you $ile a complaint
0al. to the repair shop service manager.
Oeep these tips in mind:
e polite and sta& calm.
79plain &our pro1lem.
0ell the service manager what &ou thin. is a fair settlement.
0ell the service manager if &ou are willing to negotiate.
5f &ou cannot wor. it out2 tell the service manager &ou are going to file a complaint
with the '!.
+iling a complaint )ith the Bureau o$ Automoti%e Repair 0BAR=
>& (ile a complaint with '! /11+2,.htm - -in.ing/and/0hird. #a.e sure to save
all &our receipts. '! ma& as. for them.
@& 'fter &ou file &our complaint2 &ou will get a postcard telling &ou &our case
num1er and the name of &our '! representative.
A& 0he representative will tr& to wor. things out with the repair shop for &ou. "ou
will get phone calls and letters with information a1out &our case.
8D& 5f &ou cannot wor. things out and the shop 1ro.e an& laws2 the '! will get
proof. 0hen the& ma& give the shop a >?otice of Kiolation.>
88& "ou will 1e told when &our case is closed.
Remem*er! '! cannot represent &ou in court or collect mone& for &ou.
(ind the '! office /11+2,.htm - -in.ing/and/0hird near &ou.
(or most consumer complaints2 call the *epartment of Consumer 'ffairs /11+2,.htm
- -in.ing/and/0hird: 1-:00-,+2-+210.
Collect Nnpaid Fages
"ou can sue for unpaid wages if &ou were not paid for wor. &ou did. "ou ma& also 1e
entitled to statutor& damages under California -a1or Code section 20E /11+2,.htm -
-in.ing/and/0hird. Chec. with the small claims legal advisor.
5f &ou 3ualif& to use the services of the California *epartment of 5ndustrial !elations
<*5!= *ivision of -a1or Standards 7nforcement /11+2,.htm - -in.ing/and/0hird2 file a
claim with them 1efore filing with the small claims court. "ou will find a lot of helpful
information in several langauges on their we1site /11+2,.htm - -in.ing/and/0hird or &ou
can call them at: 1-41+-++C-C:C:.
See a list of *5! local offices in California /11+2,.htm - -in.ing/and/0hird.
"ou can also call the #inimum Fage @otline at: 1-:::-'SO-F'G7 <2C+-,24E=.
Suing a State or -ocal Government 'genc&
0o sue a government agenc&2 &ou need to prove that:
*+ "ou filed a claim with that agenc&D '?*
,+ 0he agenc& re4ected &our claim. 5f &ou heard nothing2 the claim is considered
re4ected after 4+ da&s.
5n most cases2 &ou onl& have = months to $ile &our small claims court claim once the
government agenc& re4ects &our claim. (ile a cop& of &our re4ection letter with &our small
claims court claim.
Gote! You cannot sue a $ederal go%ernment agency in small claims
court#
(o present your claim to the go%ernment agency
Get an official form from the agenc&:
5f &our claim is against &our county go%ernment2 get the forms from the count&
cler..
5f &our claim is against the city go%ernment2 get the forms from the cit& cler..
5f &our claim is against the State o$ Cali$ornia2 contact the Kictim Compensation and
Government Claims oard /11+2,.htm - -in.ing/and/0hird. (ind more
information a1out filing a claim against the State of California /11+2,.htm -
-in.ing/and/0hird.
5f &our claim is against another go%ernment agency2 get the forms from that agenc&.
/eadline to $ile your claim )ith the agency
5f &our propert& was damaged or &ou suffered an in4ur&2 &ou have 6 months to file.
5f &our claim is a1out a contract2 &ou have 1 &ear to file after the contract was 1ro.en.
5f &ou missed &our deadline2 &ou can as. for permission to file a late claim. 0al. to &our
small claims advisor for help with this.
0he agenc& will tell &ou if &our claim is approved or denied. 5f &ou hear nothing it is
considered denied after 4+ da&s.
.$ your claim is denied
5f the agenc& denies &our claim or if &ou have received no response after 4+ da&s2 &ou
can sue in small claims court.
5f &ou receive a written re4ection of &our claim 1& the governmental agenc&2 &ou have 6
months from the date the notice was personall& delivered or deposited in the mail to file
the claim. 5f &ou do not get a re4ection letter2 &ou have 2 &ears to file from the da& the
incident occurred. ut do not count on having 2 &ears to file &our claim. 0o 1e safe2 file
&our claim within the 6 months from when &ou should have received the re4ection later.
0al. to a law&er or &our courtJs small claims advisor if &ou are unsure of &our deadline.
;nce &ou file in small claims court2 the process is the same as with an& other case in
small claims court. 0he defendant will 1e the pu1lic agenc& &ou filed &our claim against.
!ead Suing Someone for information and instructions to file &our small claims case.
Securit& *eposits
' securit& deposit is an& mone& a landlord ta.es from a tenant in case the propert& is
damaged. 5t is separate from the Glast monthIs rentH which a landlord ma& re3uire in
addition to the securit& deposit.
0here are limits on the amount of the securit& deposit:
5f securit& deposit is for a residential propert& without furniture2 the securit& deposit
ma& e3ual 2 times the rent.
5f the residence is furnished2 the landlord ma& charge up to E times the rent.
0here is no restriction on the amount of the securit& deposit for the rental of a
commercial propert&.
Securit& deposit cases are usuall& handled in small claims court. 0he& cannot 1e dealt
with in an unlawful detainer <eviction= case.
Return o$ security deposit
'fter a tenant moves out2 a landlord has 21 da&s to:
!eturn the tenantJs deposit in fullD or
#ail or personall& give &ou <the tenant=:
' written letter e9plaining wh& he or she is .eeping all or part of the depositD
' list of how much each of the deductions isD
'n& remaining refund of &our depositD and
Copies of receipts for the charges/deductions2 unless repairs cost less than
B126 or &ou waived <gave up= his or her right to get the receipts. 5f the
repairs are not finished within the 21-da& period for a good reason2 the
landlord can send &ou a good faith estimate of the cost of repairs. 0hen2
within 14 da&s of the repairs 1eing done2 the landlord must send &ou the
receipts.
' landlord can deduct from the tenantIs securit& deposit:
0he cost of fi9ing an& damages to the propert& caused 1& &ou <the tenant= or &our
guests. 0his does not inclde ordinar& wear and tear.
0he cost of cleaning the unit when &ou move out2 1ut onl& to ma.e the unit as clean
as it was when &ou first moved in <less Greasona1le wear and tearH=.
Nnpaid rent <including rent owed if &ou do not give the landlord the proper notice
that &ou are moving out=.
0he landlord can withhold from the securit& deposit ;?-" those amounts that are
necessar& and reasona1le and ?;0 a result of Gordinar& and reasona1le wear and tear.H
(or e9ample2 a landlord ma& not ma.e &ou pa& for painting2 new carpets2 or curtains
unless there were serious damages that were 1e&ond ordinar& and reasona1le wear and
tear. 'nd the landlord cannot use &our securit& deposit to repair pro1lems that e9isted in
the unit 1efore &ou moved in.
Security deposit disputes
5f &our landlord does not return the entire amount of &our securit& deposit within the 21
da&s re3uired 1& law2 and &ou dispute the deductions from the deposit:
"ou can write a letter to the landlord and e9plain wh& &ou 1elieve &ou are entitled to
a larger refund. Oeep a cop& of the letter for &our records. Get help writing a letter
as.ing a landlord to return a securit& deposit.
5f &ou and the landlord cannot reach an agreement on the amount of the securit& deposit
returned2 &ou can file a lawsuit against the landlord for return of the securit& deposit. "ou
can sue for:
0he amount of the deposit2 %-NS
0wo times the amount of the securit& deposit in damages. 0he 4udge ma& give &ou
these additional damages if the landlord retained the deposit in 1ad faith.
"ou can sue the landlord in small claims as long as the total amount sued for is B102000
or less.
Clic. if &ou are the tenant and want to file a small claims case against &our landlord for
return of &our securit& deposit.
%ro1lems Fith @ome 5mprovement Contractors
5n general2 contractors that fi9 &our home must have a license from the State of
California. 0o find out if &our contractor is licensed2 call the Contractors State -icense
oard /11+2,.htm - -in.ing/and/0hird at 1-:00-E21-2C+2.
A contractor must *e licensed
"ou can onl& sue a contractor that does not have a license if he or she does an& wor.
for &ou.
"ou can sue an unlicensed contractor for an& mone& &ou paid him or her to do wor.
for &ou.
5f &ou are sued 1& an unlicensed contractor2 &ou ma& use the fact that the contractor
was not licensed as a full defense. 'nd &ou can recover the full amount &ou paid
to an unlicensed contractor.
+iguring out ho) much money to sue $or
5n small claims court2 an person can sue for up to B102000 for damages that someone else
caused him or her.
5f an unlicensed contractor did wor. that re3uires a license to do and causes damage2
&ou ma& file a claim for the damage the contractor caused and also as. for E times
the amount of the damages.
Oeep in mind that if the damage the contractor caused forces &ou to tear all
the wor. down and start over again2 &ou ma& 1e a1le to sue for all the
mone& &ou paid the contractor plus the cost of tearing out the 1ad wor.
and starting over. 'nd E times the amount of the damages too.
5f the total amount &ou can sue for is over B1020002 &ou have to decide whether to give up
the rest of the mone& and 4ust sue for B102000 or file &our case in the civil division of the
superior court2 as either a limited civil case <for B2+2000 or less= or an unlimited civil case
<for over B2+2000=.
.$ you )in and your licensed contractor cannot pay
' contractor has to pa& a B122+00 1ond to 1e a1le to get a license. 5f there is a violation of
the licensing law2 &ou can sue the compan& that holds the 1ond. ?ame that compan& as a
defendant. !ead the licensing law at usiness and %rofessions Code2 chapter , <starting at
section C000= /11+2,.htm - -in.ing/and/0hird .
Contact the Contractors State -icense oard /11+2,.htm - -in.ing/and/0hird online or
1& telephone at 1-:00-E21-2C+2 to get the name of the 1onding compan&.
Gote! 0he 1onding compan& is a guarantor. "ou can onl& sue a guarantor for up to
B62+00 <B42000 if &ou are not a natural personD B22+00 if the& do not charge for the
guarantee=. ut &ou can sue a guarantor for up to B102000 if &ou are a natural person and
the guarantor is the !egistrar of Contractors <the e9ecutive officer of the ContractorsJ
State -icense oard=.
Suing for a ad Chec.
5f someone writes &ou a 1ad chec.2 &ou can sue for the original amount of the chec.2 plus
E times the amount of the chec. up to an additional B12+00.
o) to sue $or a *ad check!
1. Send a *ad check demand letter to the person who wrote the chec. 1& certified
mail with return receipt re3uested. 5n &our letter2 demand to 1e paid the following
amounts within E0 da&s 1& cash or mone& order: the amount of the chec.2 the cost
of certified mail2 and the service fee charged 1& &our 1an. <up to B2+ and up to
BE+ for each su1se3uent 1ad chec.=.
See a sample >ad Chec.> demand letter&
2. ,ait :D days& 5f &ou are not paid in E0 da&s <the full amount of the chec. plus the
cost of certified mail and &our 1an. fees=2 then file a claim in small claims court
for the amount of the chec. and &our 1an. fees2 plus the statutor& damages of E
times the amount of the chec.2 up to an additional B12+00. !ead the law in Civil
Code section 1C1, /11+2,.htm - -in.ing/and/0hird.
E. +ile a claim in small claims court.
+or your small claims trial!
0a.e a cop& of the demand letter &ou sent.
0a.e proof from the post office that &ou sent the letter 1& certified mail and got 1ac.
a return receipt.
0a.e an& other papers &ou need to prove &our case. (or e9ample2 1an. statements2
notes a1out &our conversations2 or an& other letters to or from the person who
wrote the 1ad chec..
Suing for a >Stop %a&ment> Chec.
5f someone stops pa&ment on a chec. without a good faith dispute2 &ou can sue for the
amount of the chec. plus E times the amount of the chec.2 with a minimum of B100 and a
ma9imum of B12+00.
o) to sue $or a stop payment check!
8& Send a demand letter to the person )ho )rote the check *y certi$ied mail
)ith return receipt reIuested&
See a sample >Stop %a&ment> demand letter.
9& ,ait :D days& 5f &ou are not paid inE0 da&s <the full amount of the chec.2 plus the
cost of certified mail2 plus &our 1an. fees=2 then file a claim in small claims court
for the amount of the chec. and &our 1an. fees2 plus the statutor& damages of E
times the amount of the chec.2 up to an additional B12+00. !ead the law in Civil
Code section 1C1, /11+2,.htm - -in.ing/and/0hird.
:& +ile a claim in small claims&
+or your small claims trial!
0a.e a cop& of the demand letter &ou sent and the proof from the post office that &ou
sent the letter 1& certified mail.
0a.e an& notices from the 1an. a1out the stopped pa&ment.
5f &ou have it2 ta.e a cop& of the stopped chec..
0a.e copies of an& 1an. statements or proof of charges &ou suffered 1ecause of the
stopped chec.2 and an& letters to or from the person who stopped pa&ment on the
chec..
Car 'ccidents Fith ;ut-of-State *rivers
8& +ile your case like any other
ut ma.e sure to as. for a hearing that is at least C0 da&s awa&. 'lso2 under the
defendantJs name and address write:
Serve: *ept. of #otor Kehicles
-egal 'ffairs *ivision
-egal ;ffice2 0hird (loor
241+ (irst 'venue
Sacramento2 California ,+:1:
9& (he clerk )ill gi%e you copies o$ the claim
Send 1 cop& to the *epartment of #otor Kehicles <*#K= /11+2,.htm -
-in.ing/and/0hird 1& registered mail with a B2 chec.. "ou can also hire a
process server to serve the *#K. Send the cop& to:
*epartment of #otor Kehicles
-egal 'ffairs *ivision
-egal ;ffice2 0hird (loor
241+ (irst 'venue
Sacramento2 California ,+:1:
Ser%e the out4o$4state dri%er with the other cop& after &ou get an
>ac.nowledgment of receipt> form from the *#K. Call the sheriffJs
department where the driver lives or hire a process server in that state to
serve the driver.
:& (hen $ile the ac.nowledgment of receipt from the *#K and the Proof of Ser2ice
(Small Claims) <(orm SC-104= with the small claims court.
Mediation
Small claims court is often a great resource. ut a dispute in small claims court is still a
court case2 in a courthouse2 1efore a 4udge2 and the court process can 1e long2 time
consuming2 and frustrating. ecause of this2 it is a good idea for &ou to thin. a1out other
wa&s to resolve &our dispute.
' great option is mediation2 where &ou and the other side meet with a neutral person R
called a mediator R who is speciall& trained to help people resolve their disputes without
having to go in front of a 4udge. 5n mediation2 ever&one wor.s together to find a solution2
instead of having the 4udge ma.e a decision.
0he mediator will not force &ou to reach an agreement. Fhether &ou decide to resolve
&our dispute2 and how &ou resolve it2 is up to the 2 of &ou. 'nd if &ou cannot settle2 &ou
can still go in front of a 4udge to decide. 0here is nothing to lose 1& tr&ing mediation2 and
there is a lot to gain.
0he ';C has produced a video series2 &esol2ing !our Small Claims Case in the
California Courts <also availa1le in Spanish and !ussian=2 which provides more
information a1out wh& mediation ma.es sense in small claims cases.
Fh& *oes #ediation #a.e SenseA
0here are a lot of reasons wh& it is a good idea to mediate &our small claims dispute2
whether &ou are the plaintiff or the defendant.
"ou should consider mediating &our case 1ecause:
;;& *uring &our court hearing2 &ou onl& have a1out + or 10 minutes to present &our
case. 5n mediation2 &ou have as long as &ou and the other side need to tal. a1out
&our situation2 even as long as 2 hours.
;<& Court hearings are open to the pu1lic and ever&thing &ou sa& to the 4udge will 1e
heard 1& ever&one who is sitting in the courtroom. #ediation is confidential and
private2 so what &ou sa& in mediation cannot 1e used against &ou in court later.
;=& 5f &ou go in front of a 4udge2 the 4udge has to appl& the law to the facts of the case
and ta.e into account onl& those facts that the law considers relevant. 5n
mediation2 &ou can tal. a1out other issues that ma& not 1e directl& related to the
law 1ut are ver& important to &ou and how &ou feel a1out the dispute.
;>& ' 4udge usuall& has to ma.e a decision a1out mone&2 and whether 1 side owes the
other mone&. 5n mediation2 the parties can reach an agreement that goes 1e&ond
the mone& issues and can include2 for e9ample2 giving 1 side a chance to fi9 a
pro1lem2 return propert&2 or apologiLe. 5n mediation2 &ou have more room to
create an agreement that suits the 2 of &ou and &our particular situation.
;@& *ifferent t&pes of cases have different deadlines for filing. 5f &ou file a claim in
court after the deadline for &our t&pe of case has passed2 the 4udge will have to
appl& the law and &ou will lose &our case. ut2 &ou can still resolve &our case in
mediation2 since &ou2 the other side2 and the mediator have more fle9i1ilit& than
the 4udge and can ma.e an agreement 1e&ond what the law re3uires.
;A& #ediation can 1e ver& helpful in disputes 1etween neigh1ors and famil& mem1ers
1ecause of the importance of the relationships 1etween the parties.
<D& Fhen the 4udge ma.es a decision2 at least 1 side usuall& does not li.e the 4udgeJs
order2 and often neither side is happ&. 5n mediation2 1oth sides usuall& agree on
the outcome so the& all accept it. #ediated agreements are often more li.el& to 1e
followed than a court order that is imposed 1& the 4udge.
<8& 5f &ou are the plaintiff and win in court2 getting paid can 1e ver& difficult and &ou
ma& have to spend more mone& and time. 5f &ou reach an agreement through
mediation2 &ou will not need more court hearings2 and the other side is more
li.el& to pa& &ou 1ecause the& were part of reaching that agreement and had a
chance to reall& 1e involved in the resolution of the dispute.
<9& 5f &ou are the defendant and &ou lose in court2 the court will enter a 4udgment
against &ou2 which will show on &our credit report and could hurt &our credit. 5n
mediation2 &ou can reach an agreement with the plaintiff and there will not 1e a
court 4udgment entered against &ou2 so &our credit will not 1e affected.
Fhen Can "ou Go to #ediationA
'n& time &ou are having difficult& resolving a dispute with a person or 1usiness2 &ou
can suggest mediation to the other part&:
5t ma& help to give the other part& information a1out mediation. Consider
giving him or her a lin. to this information or a printout of this page.
Consider as.ing the other person to suggest a mediator to help resolve the
dispute.
5f &ou are sending or responding to a demand for pa&ment or for a pro1lem to 1e
fi9ed 1efore filing a lawsuit2 consider as.ing the other side to mediate the dispute.
Some mediators will call the other side for &ou2 e9plain mediation to them2 and
encourage them to mediate &our dispute.
"ou can as. the other side to mediate &our dispute $efore or after a small claims case
is filed.
@ow *oes #ediation For.A
"ou can go to mediation 1efore or after &ou start &our small claims case.
"ou and the other person meet with a mediator. 0he mediator will facilitate a discussion
1etween &ou and the other person in an attempt to resolve &our dispute.
Nsuall&2 mediation of a small claims dispute lasts an&where 1etween E0 minutes and 2
hours.
#ediation ma& 1e free2 or &ou ma& have to pa& a small fee.
Preparing $or mediation
%reparing for mediation is a lot li.e preparing to go to a court hearing. 5t is important to
identif& and organiLe the facts that are relevant to &our dispute. 'nd &ou should ma.e
sure &ou .now a1out the facts that support the other side2 not 4ust those that support &ou.
5t is also important to understand the law that applies to &our dispute. !ead the different
sections in this we1site and tal. to &our small claims advisor so &ou can learn a1out the
law in &our case and get help with &our small claims case.
5f &ou are going to mediation 1efore or instead of a hearing2 there are some other things
&ou should do to prepare:
0hin. realistically a1out how the 4udge will decide the case if &ou do not settle in
mediation.
0hin. a1out whether &ou or the other side has angr& or hurt feelings2 and wh&.
0hin. a1out what &ou and the other side would reall& li.e to accomplish through the
lawsuit.
0hin. a1out whether something 1esides2 or in addition to2 mone& might help to
satisf& &ou or the other side.
0hin. a1out what &ou would 1e willing to settle for to avoid going to a hearing2 to
avoid the possi1ilit& of losing2 or to avoid the possi1ilit& of not collecting if &ou
win.
Oeep in mind that the court cannot provide &ou with an interpreter so2 if &ou do not
spea. and understand 7nglish well2 &ou should 1ring &our own interpreter to &our
mediation. *o not 1ring a child to interpret for &ou.
o) you should *eha%e at the mediation
%resent &our side of the dispute clearl&2 1ut listen carefull& to the other sideIs point of
view.
%resent &our suggestion for settlement2 1ut also listen to the other sideIs proposal and
1e open to other ideas.
!emem1er that mediation is a1out a give and ta.e. 0here are 2 sides to ever& stor&2
and although &ou ma& feel li.e &ou are 100 percent right2 &ou ma& learn things
from the other side during the mediation that ma.e &ou realiLe that the 1lame is
not entirel& theirs.
5f &our mediation is successful and &ou are a1le to reach an agreement2 &ou will 1e much
more satisfied with the process. "ou will find that &ou are less frustrated a1out what
happened2 and more empowered2 1ecause &ou were a1le to resolve &our dispute to &our
satisfaction without needing to have a 4udge decide what is 1est for &ou.
(inding a #ediator
#an& counties have non-profit dispute resolution programs that provide free or low-
cost mediation 1efore or after a lawsuit is filed. 0o find a program near &ou2 visit
the California Coalition for Communit& #ediationJs we1site /11+2,.htm -
-in.ing/and/0hird. ;r as. &our court for a list of mediation programs in &our
area.
#an& small claims courts offer free or low-cost mediation either 1efore the hearing or
on the da& of the hearing. 0al. to &our small claims advisor or court cler. to find
out more.
"ou can also contact &our local 1ar association. 0o find a 1ar association in &our area2
contact the State arJs -aw&er !eferral Services program /11+2,.htm -
-in.ing/and/0hird. <0&pe &our count& or region in the search 1o9=.
%rivate mediators are availa1le in man& communities2 and the& often advertise in the
"ellow %ages or legal newspapers or on the 5nternet. -oo. up >'r1itrators> or
>#ediators> to find listings. 0heir 1ac.grounds and fees var& considera1l&2 so 1e
sure to as.Q
Small Claims -egal 'dvisor and !esources
7ver& count& in California has a small claims advisor that can help &ou with &our case.
0he small claims advisor can help &ou research and understand the law in &our case2 fill
out &our forms2 understand service and how to do it correctl&2 and prepare for &our
hearing. 0he advisor can also help &ou e9plore whether mediation ma& 1e a good option
for &ou and help &ou find a mediator.
'nd this we1site gives &ou man& lin.s and resources to find a lot more resources for &our
small claims case.
http://www.courts.ca.gov/101E.htm
Going to Court
Be Prepared $or Your (rial
<:& Plan )hat you are going to say
"ou willhave to e9plain to the 4udge wh& &ou are filing a claim and what &ou
want him or her to order. *ecide what &our main points are and ta.e proof. 0r& to
thin. of what the other person might sa& and how &ou will answer. "ou can also
tal. to a small claims advisor or a law&er 1efore court.
<;& Prepare the proo$ to take to court
0a.e an& papers that support &our stor& and ta.e 2 more copies of ever&thing.
0his is called >evidence.> 7vidence can 1e:
Contracts
7stimates <ta.e at least 2=
ills
%hotographs
*iagrams that show how an accident happened
%olice reports
5f &ou need papers that someone else has2 fill out a Small Claims Su$poena for
Personal Appearance and Production of ocuments at 7rial or 4earing and
eclaration <(orm SC-10C= and re3uest these documents. -earn more a1out
su1poenas.
<<& (ake copies o$ all your court papers and your Proo$ o$ Ser%ice
<=& (ake people to support your story 0)itnesses1
0a.e witnesses who saw what happened or who are e9perts on that su14ect. (or
e9ample2 a neigh1or who saw the accident or a mechanic who loo.ed at &our car.
*o not 1ring people unless &ou .now the& will support &ou. Fitnesses who
are not friends or relatives ma& 1e more effective in proving &our case.
ut sometimes the onl& witnesses are &our friends and relatives. 0he&
should testif& and present themselves in a professional manner and 1e
o14ective and not emotional.
5f &ou need a witness to go to &our hearing that cannot or will not go
voluntaril&2 fill out a Small Claims Su$poena <(orm SC-10C= to order
them to go. -earn more a1out su1poenas.
<>& .$ you do not speak "nglish )ell2 take an interpreter to help you
's. &our court cler. at least 1 wee. 1efore &our hearing to see if the court can
provide an interpreter for &ou. 5n some courts2 the& can provide interpreters for
free if &ou 3ualif& for a fee waiver. 5f not2 &ou have to ta.e &our own interpreter.
*o not as. a child or a witness to interpret for &ou. Get tips to help &ou wor. with
a court interpreter.
"ou have the right to get &our hearing dela&ed so &ou can get an interpreter.
<@& .$ you are dea$2 hard4o$4hearing2 or ha%e another disa*ility reIuest an
accommodation
's. &our courtJs '*' coordinator or court cler. at least 1 wee. 1efore &our
hearing. Get more information a1out the rights of persons with disa1ilities and a
form to re3uest an accommodation.
You are no) ready to go to your trial#
http://www.courts.ca.gov/111,.htm
Your (rial
+or the trial
Get there E0 minutes earl&.
Fhen the 4udge calls &our name2 go to the front of the room. 0he 4udge ma& as. &ou
to tr& to settle &our case 1efore the hearing ta.es place.
0he plaintiff will present his or her case first. 0hen the defendant will have his or her
turn.
Small claims cases var& 1ut usuall& onl& last 10 to 1+ minutes. So 1e prepared to tell
&our stor& 3uic.l&.
(ell your story
e 3uic. and to the point and sta& calm. 5t is &our 4o1 to %!;K7 &our case. *o not wait
for the 4udge to as. &ou 3uestions. ut if the 4udge as.s &ou 3uestions2 answer each
3uestion directl& and do not interrupt the 4udge or the other side.
@ere are some tips:
0he first thing &ou need to sa& is wh& &ou are there.
0ell the 4udge how &ou were affected 1& what the other person did2 and
Fh& it is their fault.
'lso e9plain wh& it is not &our fault.
Sa& what happened2 in the order it happened.
Group facts together. (or e9ample: >(rom 'pril to 'ugust2 5 too. the car in 10 times
and he didnJt fi9 the 1ra.es.>
A$ter the trial
5f &ou are the plaintiff2 get a chec.list for what to do after &our trial.
5f &ou are the defendant2 get a chec.list for what to do after &our trial.
Su*poena a ,itness
' su1poena is a court order that sa&s that &our witness has to come to court. 5t can also
sa& that someone has to 1ring certain papers to court at &our trial.
"ou ma& need to su1poena a witness if:
"our witness will not come to courtD or
Someone will not give &ou the documents &ou need to prove &our case.
(o prepare a su*poena
<A& +ill out your Subpoena
(ill out a Small Claims Su$poena <(orm SC-10C=. "ou will need to .now the
name of the witness that &ou want to come to court. ;r e9actl& what papers &ou
want the person to 1ring to &our trial.
5f &ou are su1poenaing a person to come to court2 fill out page 1 onl&.
5f &ou are re3uesting documents2 complete pages 1 and 2 of (orm SC-10C.
<*o not fill out page E &etQ=
=D& (ake the Subpoena to the clerk to ha%e it issued
0he cler. will loo. at the Su$poena and ma& as. &ou a few 3uestions. 0he cler.
will the sign and stamp &our Su$poena >(iled.>.
=8& Make copies o$ your Subpoena
#a.e at least 2 copies of the Su$poena. ;ne for &ou and another for the person
&ou need to su1poena.
=9& Ser%e the Subpoena
>Serve> <give= the Su$poena to the person or 1usiness &ou are su1poenaing.
'n&one2 even &ou2 can serve &our Su$poena2 1ut this must 1e done in person and
?;0 1& mail.
Serve a cop& of the Su$poena - not the original oneQ
=:& +ill out Page : o$ the original Small Claims Subpoena 0+orm SC48D>1
@ave the person who served the Su$poena sign at the 1ottom of page E.
=;& Return the Subpoena to the clerk *e$ore your trial
Paying the )itness $ees
"ou ma& have to pa& a witness &ou su1poena. Fitnesses can as. for BE+ a da& and 20
cents a mile each wa& at the time &ou serve the Su$poena. e prepared to pa& the witness
fees. 5f the witness as.s for the mone& 1efore &our court date and &ou do not pa& it2 then
the witness does not have to show up at &our hearing.
Gote! "ou do not have to pa& an&thing if &our witness does not as. for mone&. ut &ou
should have the mone& with &ou at court in case the witness as.s for the fees. (orm SC-
10C lets the witness .now that the& have a right to these fees2 so the witness ma& as. for
the mone& in front of the 4udge.
Plainti$$Js Post4(rial Checklist
89& !ead What to o After the Court ecides !our Small Claims Case <(orm SC-
200-5?(;=.
8:& 5f &ou won the case and the other person <the defendant= owes &ou mone&2 tr& to
get him or her to pa& &ou. ;nce the defendant has paid2 file a form called
Ac"no#ledgment of Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=.
!ead Collect "our $udgment for more information a1out what &ou can do to
collect &our 4udgment.
8;& 5f &ou lost and owe mone& pa& the court or the other person directl&. 'fter &ou
pa&2 ma.e sure the defendant files a form called Ac"no#ledgment of Satisfaction
of Judgment <(orm SC-2,0 or (orm 7$-100=. 5f the person &ou owe mone& to
does not file this form2 &ou can as. the court cler. to enter a >satisfaction of
4udgment> if &ou can prove &ou paid the full amount of the 4udgment with the
interest and costs.
'fter &ou re3uest in writing that the defendant file the Ac"no#ledgment of
Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=2 the defendant
has 14 da&s to compl&. 5f the defendant fails or refuses to2 &ou can sue him
or her for B+0 plus an& actual damages &ou incurred. 0o read the law2 see
Code of Civil %rocedure section 116.:+0 /11+2,.htm - -in.ing/and/0hird.
5f &ou do not pa&2 &ou must mail a Judgment e$tor's Statement of Assets
<(orm SC-1EE= to the person &ou owe mone& to within E0 da&s of the
courtJs 4udgment in &our case.
!ead %a& the $udgment and Payments in Small Claims Cases <(orm SC-220-
5?(;= for more information.
8<& 's the plaintiff2 &ou C'??;0 appeal the 4udgeJs decision on &our claim. ;nl&
the person or 1usiness &ou sued can appeal the decision.
8=& "ou C'? appeal if the other person or 1usiness sued &ou 1ac. <1& filing a
efendant's Claim= and &ou lost. -earn how to appeal &our small claims case.
8>& !ead the *epartment of Consumer 'ffairsJ we1site /11+2,.htm -
-in.ing/and/0hird for more information.
http://www.courts.ca.gov/:42E.htm
/e$endantJs Post4(rial Checklist
=<& !ead What to o After the Court ecides !our Small Claims Case <(orm SC-
200-5?(;=.
==& 5f &ou did not go to the trial for a good reason2 &ou can as. the court to vacate
<cancel= &our 4udgment <called a >default 4udgment>= and give &ou a new trial
date. "ou will need to file a form called Notice of 5otion to 8acate Judgment and
eclaration (Small Claims) <(orm SC-1E+=.
!ead more a1out vacating <canceling= &our default 4udgment.
=>& 5f &ou went to the trial and lost2 &ou ma& as. for a new trial. "ou will need to file
a Notice of Appeal (Small Claims) <(orm SC-140=.
-earn how to appeal &our small claims 4udgment.
=@& 5f &ou lost and owe mone&2 pa& the court or the other side <the plaintiff=. 5f &ou do
not pa&2 &ou must mail a form called Judgment e$tor's Statement of Assets
(Small Claims) <(orm SC-1EE= to the plaintiff within E0 da&s. 'fter &ou pa&2
ma.e sure the plaintiff files a form called Ac"no#ledgment of Satisfaction of
Judgment <(orm SC-2,0 or (orm 7$-100=. 5f the plaintiff does not file this form2
&ou can as. the court cler. to enter a >satisfaction of 4udgment> if &ou can prove
&ou paid the full amount of the 4udgment with the interest and costs.
'fter &ou as. the plaintiff in writing to file the Ac"no#ledgment of
Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=2 he or she has 14
da&s to compl&. 5f he or she fails or refuses to compl&2 &ou can sue the
plaintiff for B+0 plus an& actual damages &ou incurred. 0o read a1out the
law2 see California Code of Civil %rocedure section 116.:+0 /11+2,.htm -
-in.ing/and/0hird.
=A& 5f &ou won after filing a efendant's Claim and the other side owes &ou mone&2
tr& to get them to pa& &ou. ;nce the& have paid2 file an Ac"no#ledgment of
Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=.
!ead Collect "our $udgment for more information.
>D& !ead the *epartment of Consumer 'ffairsJ we1site /11+2,.htm -
-in.ing/and/0hird.
Collect Your Judgment
5f &ou win the case and the 4udge issues a 4udgment in &our favor2 &ou can collect &our
4udgment. "ou cannot start collecting until:
>8& 0he time to appeal runs out <E0 da&s after entr& of the 4udgment=D or
>9& 5f there was an appeal and &ou won2 after the appeal decision <4udgment= is sent
1ac. to the small claims court2 usuall& a1out 10 da&s after the appeal decision.
0he court will not collect the mone& for &ou. ut the court will issue the orders and other
documents &ou ma& need to collect &our 4udgment from the de1tor <the part& that owes
&ou mone&=. Oeep in mind that not all 4udgments are collecta1le 1ecause the de1tor ma&
not have an& income or propert& of value.
+or more in$ormation2 read!
hat to !o After the Court !e"ides #our Small Claims Case 0+orm SC49DD4
.G+61? and
Pa$ments in Small Claims Cases 0+orm SC499D4.G+61&
0here are some initial steps &ou can ta.e:
*<+ Give the de1tor an address where he or she can mail the mone& &ou are owed.
"ou can offer to accept less than the whole 4udgment if the de1tor pa&s right
awa&. ut if &ou agree to accept less than the whole 4udgment2 &ou will give up
&our right to the rest of the mone&.
**+ 5f the de1tor does not pa& &ou 1& the date the court ordered2 write him or her a
letter and include a cop& of the court order. !emind the de1tor that he or she owes
&ou mone& and that &ou ma& have to follow more serious steps if he or she does
not pa& &ou voluntaril&.
*,+ 0al. to a law&er. 5f the de1tor will not pa&2 it can 1e complicated2 e9pensive2 and
ta.e a lot of time to collect &our mone&.
!ead 0ips for Collecting "our $udgment for more information on how to start the process
of collecting the 4udgment. 'nd for specific wa&s &ou can collect &our 4udgment2 read
Fa&s to Collect (rom the *e1tor.
http://www.courts.ca.gov/11C:.htm
(ips $or Collecting Your Judgment
Collecting a 4udgment can 1e one of the more difficult and frustrating parts of &our small
claims case. !emem1er2 if the 4udgment was in &our favor and &ou are owed mone&2 &ou
are now referred to as the 4udgment creditor. 0he person who owes &ou the mone& is the
4udgment de1tor.
@ere are some tips to help &ou collect &our 4udgment:
*o not use illegal wa&s to collect &our mone&.
7ncourage the de1tor to pa& &ou voluntaril&.
e organiLed.
's. a law&er or collection agenc& for help.
#a.e sure &ou renew &our 4udgment.
's. the court for help.
/o not use illegal )ays to collect your money
0he de1tor ma& 1e protected from a1usive or unfair wa&s to collect the de1t. 'nd
generall&2 it is not a good idea for &ou to use unfair or deceitful tactics to get the mone&
the de1tor owes &ou.
5n &our efforts to collect the de1t:
*o not lie or ma.e misleading statements to collect a de1tD
*o not harass the de1torD
*o not as. another person for more than 1asic information a1out where the de1tor isD
*o not tell the de1torJs emplo&er or other people that the de1tor owes &ou mone&
<e9cept when &ou get an earnings withholding order from the court=D
*o not call the de1tor 1efore ::00 a.m. or after ,:00 p.m. or at an& time or place that
is not convenient for the de1torD
*o not threaten to hurt the de1tor or the de1torJs famil&2 propert& 2or reputationD or
*o not suggest the de1tor will face criminal charges <if no crime was committed= or
that the de1torJs propert& will 1e ta.en <unless the law allows it and &ou intend to
do it=.
"ncourage the de*tor to pay you %oluntarily
5f &ou are too aggressive in collecting &our 4udgment2 the de1tor ma& file for 1an.ruptc&.
0his means &ou would have to file a claim in federal 1an.ruptc& court. ecause small
claims are BC2+00 or less2 most small claims de1tors can ma.e pa&ments over time. 0r& to
wor. out a pa&ment plan with the de1tor.
Get tips to help &ou get the de1tor to pa& voluntaril&&
Be organiLed
Oeep records of ever&thing &ou do to collect the 4udgment.
#a.e a cop& of the 4udgment.
Frite down the de1torJs contact information and list of assets2 unless the de1tor sent
&ou a Judgment e$tor's Statement of Assets <(orm SC-1EE= in which case &ou
should find the assets listed there.
Oeep trac. of &our e9penses. #an& collection e9penses can 1e reim1ursed <added to
the 4udgment so &ou can collect them=.
0o calculate interest on &our 4udgment2 .eep a record of the date &our 4udgment was
entered. Nsuall& this is the same date the court cler. mailed the Notice of Entry of
Judgment (Small Claims) <(orm SC-1E0 or (orm SC-200=. 'lso .eep trac. of the
dates of an& partial pa&ments made 1& the de1tor. 5f the de1tor does ma.e a
partial pa&ment 1& chec.2 ma.e sure to ma.e a note of the location of the 1an.
1ranch and the account num1er.
Ask a la)yer or collection agency $or help
"ou can as. a law&er or collection agenc& to help &ou collect &our 4udgment. ut &ou
ma& have to pa& a percentage of the 4udgment in fees <some agencies charge onl& 1+
percent or 20 percent=. 0he& ma& also as. &ou to assign the right to &our 4udgment to
them. Nsuall&2 a law&er or collection agenc& will write letters to the de1tor. 0he& can also
help locate the de1torJs assets. "ou can also do these things &ourself.
Make sure you rene) your Cudgment
$udgments are enforcea1le for 10 &ears and are renewa1le for another 10 &ears and then
renewa1le after that. "ou must renew &our 4udgment 1efore it e9pires <runs out=. (or
more information2 read !enew "our $udgment.
Ask the court $or help
5f the de1tor does not pa& &ou2 the court can also issue documents and ma.e other orders
allowing &ou to:
Get information a1out the de1torJs assetsD
Collect from the de1torJs propert& <including wages2 1an. accounts2 and real
propert&=D
Collect from a retail 1usinessD and
Suspend the de1torJs real estate2 contractorJs2 or driverJs license.
!ead Fa&s to Collect (rom the *e1tor for all the things &ou can tr& to collect &our
4udgment. 'nd .eep in mind that &our courtJs small claims advisor ma& 1e a1le to help
&ou fill out these forms and understand the court and collection process.
http://www.courts.ca.gov/111CC.htm
Special Rules $or Small Claims
Judgments
0here are special rules &ou should .now a1out for small claims 4udgments.
0he de1tor has E0 da&s after entr& of the original 4udgment 1efore the& have to pa&
&ou
0he de1tor can pa& the 4udgment directl& to the court
0he de1tor is re3uired to send &ou a Judgment e$tor's Statement of Assets ((orm
SC=*..)
0he de1tor can as. the court to let them pa& the 4udgment in installments
(he de*tor has :D days a$ter entry o$ the original Cudgment *e$ore they
ha%e to pay you
0he de1tor has E0 da&s after the court mails or delivers the Notice of Entry of Judgment
<(orm SC-1E0 or (orm SC-200= 1efore he or she has to pa& &ou.
*uring this time2 the de1tor can:
Koluntaril& pa& the 4udgmentD
's. the court to order an installment pa&ment planD
(ile an appealD or
(ill out and send &ou a Judgment e$tor's Statement of Assets <(orm SC-1EE=.
(he de*tor can pay the Cudgment directly to the court
' de1tor in a small claims case can pa& the 4udgment directl& to the court2 if he or she
prefers. ;ften this is done so that the de1tor can immediatel& get proof of pa&ment from
the court in order to clear their credit record.
0o pa& the 4udgment to the court2 the de1tor must pa&:
0he principal amount of the 4udgmentD
Costs after 4udgmentD
5nterest accrued on the 4udgmentD and
0he courtJs processing fee <usuall& B2+=.
0he court <not the de1tor= will let &ou .now that that the 4udgment has 1een paid and tell
&ou to:
Complete the >$udgment CreditorJs !e3uest for (unds> <a portion of (orm SC-14+2
the &e6uest to Pay Judgment to Court=D and
Claim the mone& 1& either mailing &our completed re3uest to the court or giving the
form in person to the court cler..
5t is ver& important that the court has &our current mailing address at all times. 5f within E
&ears the court is una1le to reach &ou to tell &ou that it is holding pa&ment of &our
4udgment2 the mone& 1ecomes the propert& of the court. 5f &ou have 3uestions a1out this
pa&ment2 1e sure to tell the court the case name2 case num1er2 and date of entr& of
4udgment.
(he de*tor is reIuired to send you a %udgment !ebtor&s Statement of
Assets 0+orm SC48::1
' de1tor does not appeal or file a motion to vacate <cancel= the 4udgment <and that does
not voluntaril& pa& the 4udgment= must fill out a Judgment e$tor's Statement of Assets
<(orm SC-1EE= and send it to &ou. 5n man& counties the court cler. will mail a (orm SC-
1EE to the de1tor with the original 4udgment.
Nnfortunatel&2 man& de1tors do not fill out and deliver the (orm SC-1EE. 5f the de1tor
does not complete and send &ou this form <and he or she has not paid or appealed the
4udgment or as.ed for a pa&ment plan=2 &ou can as. the court for sanctions against the
de1tor.
5f &ou do not receive a (orm SC-1EE and need information a1out the de1torJs assets to
collect &our 4udgment2 &ou will have to do a de1torJs e9amination. !ead Get 5nformation
'1out the *e1torJs 'ssets to learn more a1out de1torJs e9aminations.
(he de*tor can ask the court to let them pay the Cudgment in
installments
0he de1tor will ma.e the re3uest using a &e6uest to 5a"e Payments <(orm SC-220=
<which must include a (inancial Statement <(orm 7$-16+=. 0he court cler. will mail a
cop& of the re3uest to &ou.
"ou then have 10 da&s to tell the court that:
"ou will accept the proposed pa&ment scheduleD
"ou will accept pa&ments in a different amountD ;!
"ou do not want to accept installment pa&ments.
"ou can give the court this information and &our reasons for &our response using a
&esponse to &e6uest to 5a"e Payments <(orm SC-221= or in a letter or eclaration
<(orm #C-0E0=. 5f &ou do not respond within 10 da&s2 the court ma& assume that &ou
accept the proposed pa&ment schedule and will grant the de1torJs re3uest. 5f &ou do not
accept the proposed pa&ment schedule2 the court will pro1a1l& hold a hearing to discuss
the re3uest and &our opposition.
0his pa&ment plan option affects the interest on the 4udgment as it ma& stop all interest
from accruing until the 4udgment is paid off or the de1tor fails to .eep up with the
pa&ments. So if &ou have 3uestions a1out how a pa&ment plan can affect &ou2 tal. to a
law&er or the small claims advisor. Clic. for help finding a law&er.
Gote! 5f the de1tor alread& got the courtJs permission to pa& &ou in installments
<through a pa&ment plan= and he or she has stopped pa&ing &ou <or never paid
&ou=2 &ou can as. the court to cancel the pa&ment plan and ma.e the full 1alance
due right awa&. Clic. to find out how to as. to cancel the pa&ment plan so &ou
can collect the full 1alance.
http://www.courts.ca.gov/11C,.htm
,ays to Collect +rom the /e*tor
Collecting &our 4udgment can 1e one of the most difficult parts of &our small claims case.
!emem1er2 the court cannot collect the mone& for &ou. ut the court can help &ou get the
tools &ou need to collect &our mone&. 0he different topics in this section give &ou
information and instructions a1out what &ou can do to tr& to collect &our mone&.
efore &ou start an& of the collection methods2 ma.e sure the 4udgment is final. !ead
through the tips for collecting &our 4udgment and a1out special rules for small claims
cases. 'lso2 .eep in mind the small claims advisor can help &ou.
;nce &ou are read&2 clic. on each topic 1elow for more information.
Get the /e*tor to Pay You 5oluntarily
0he 1est possi1le situation is that the de1tor pa&s &ou voluntaril& so &ou avoid having to
spend time and mone& tr&ing to collect from the de1tor. 0his section gives &ou tools and
suggestions to help &ou encourage the de1tor to pa& &ou voluntaril&.
Get .n$ormation A*out the /e*tor3s Assets
5f the de1tor will not pa& &ou on his or her own2 this section helps &ou find out what
t&pes of assets <propert&= the de1tor has that ma& 1e used to pa& the 4udgment.
Collect +rom the /e*tor3s Property
;nce &ou .now where the de1tor wor.s2 where he or she has 1an. accounts2 whether he
or she owns a house or other propert&2 &ou can get help from the court to collect from
these sources. 0his section gives &ou information and instructions to garnish the de1torJs
wages2 put a lien on the de1torJs 1an. account or house2 and other things &ou can do to
collect the mone& &ou are owed.
More ,ays to Collect
0his section helps &ou find more wa&s to collect &our 4udgment2 li.e getting mone& from
the de1torJs 1usiness or having the de1torJs professional license or driverJs license
suspended.
http://www.courts.ca.gov/11:0.htm
Rene) Your Judgment
#one& 4udgments automaticall& e9pire <run out= after 10 &ears. 0o prevent this from
happening2 &ou <as the 4udgment creditor= must file a re3uest for renewal of the 4udgment
with the court 7(;!7 the 10 &ears run out. 5f the 4udgment is not renewed2 it will not
1e enforcea1le an& longer and &ou will not 1e a1le to get &our mone&.
;nce a 4udgment has 1een renewed2 it cannot 1e renewed again until + &ears later. ut
ma.e sure it is renewed at least ever& 10 &ears or it will e9pire.
Fhen the 4udgment is renewed2 the interest that has accrued will 1e added to the principal
amount owing. (rom that point on2 &ou are entitled to interest on the principal and the
accrued interest.
(or e9ample2 let us sa& &ou have a 4udgment for B62000 and after nearl& 10
&ears the de1tor has not paid &ou an&thing. 0he 4udgment accrues dail&
interest of B1.64 <B62000 9 10S T B600D B600U E6+ da&s gives &ou the
dail& interest=. "ou see. to renew the 4udgment after a1out , &ears and 10
months2 or e9actl& E260+ da&s. 0he accrued interest is B+2,12.20 <E260+
da&s 9 B1.64=.
;nce that is added to the original 4udgment2 a renewed 4udgment of
B112,12.20 can 1e entered. 0he interest will now accrue at a rate of
BE.26/da& <B112,12.20 9 10S T B121,1.22 U E6+ da&s=.
(or the law that provides for the renewal of 4udgment2 chec. out Code of Civil %rocedure
sections 6:E.110 through 6:E.220 /11+2,.htm - -in.ing/and/0hird.
(o rene) a Cudgment!
>:& !eview Code of Civil %rocedure sections 6:E.010 /11+2,.htm -
-in.ing/and/0hird through 6:E.220 /11+2,.htm - -in.ing/and/0hird.
>;& "ou must use an Application for and &ene#al of Judgment <(orm 7$-1,0= and the
Notice of &ene#al of Judgment <(orm 7$-1,+=. 0he Notice of &ene#al of
Judgment must 1e personall& served on the de1tor or served 1& first-class mail.
><& -iens created at the time of the original 4udgment also must 1e renewed. 0his is
1ecause when &ou renew &our 4udgment2 the liens are no longer enforcea1le since
the 4udgment the liens were 1ased on is no longer enforcea1le.
>=& 5n order to e9tend a real propert& lien2 &ou must record a certified cop& of the
Application for and &ene#al of Judgment <(orm 7$-1,0= with the count& recorder
in the count& where the propert& su14ect to the lien is located. Chec. out Code of
Civil %rocedure section 6:E.1:0 /11+2,.htm - -in.ing/and/0hird.
Collection Pro*lems and Special
Situations
Fhen &ou tr& to collect &our 4udgment2 &ou ma& run into pro1lems. Clic. on the topic
1elow that relates to &our pro1lem for more information:
0he de1tor is supposed to pa& &ou in installments 1ut has stopped pa&ing <or never
paid= the installments
"our 4udgment does not state the de1torJs correct name
"ou cannot find the de1tor or his or her assets or emplo&er
Someone else owes the de1tor mone& or has the de1torJs propert&
(he de*tor is supposed to pay you in installments *ut has stopped
paying 0or ne%er paid1 the installments
5f the court gave the de1tor permission to pa& &ou in installments <a pa&ment plan= and
the de1tor stopped pa&ing &ou2 is pa&ing &ou late2 or never paid &ou2 &ou can as. the
court that the pa&ment plan 1e canceled and that the entire 1alance 1ecome due.
asicall&2 &ou are telling the court that the de1tor is in default and the pa&ment plan
should 1e canceled so &ou can collect on the entire 1alance right awa&.
(o do this!
8@& (ill out a eclaration of efault in Payment of Judgment <(orm SC-22E=.
#a.e sure &ou read page 2 of (orm SC-22E 1efore &ou fill out the first page. 5t
gives &ou <and the de1tor= information on the process. 'nd it tells &ou how to
calculate the interest on the pa&ments the de1tor owes &ou.
5f there is more than one de1tor in this case2 fill out a (orm SC-22E for each
de1tor that has failed to ma.e an installment pa&ment.
8A& (ile &our form with the court cler..
9D& 0he court will mail an& other parties in the case a cop& of &our eclaration of
efault in Payment of Judgment <(orm SC-22E= plus a 1lan. &esponse to
eclaration of efault in Payment of Judgment <(orm SC-224= for the de1tor to
use if he or she wants to respond to &our eclaration.
98& 0he de1tor has 10 da&s to file the &esponse to eclaration of efault in Payment
of Judgment <(orm SC-224=.
99& 0he court will then mail all the parties in the case <including &ou= an %rder on
eclaration of efault in Payments <(orm SC-22+= which will have:
' decision on whether or not to end the pa&ment plan and have the full
1alance 1ecome due right awa&2 or
' notice to go to a court hearing to hear 1oth sides in person and ma.e a
decision then.
9:& 5f the courtJs decision is that the full 1alance is due now2 &ou can start collecting
on the full amount. Clic. to find out how &ou can collect the 4udgment.
9;& 5f the court sends &ou a notice for a court hearing2 ma.e sure &ou go to the court
hearing. 5f &ou have an& proof of late or missed pa&ments2 1ring that with &ou.
Your Cudgment does not state the de*tor3s correct name
Nsuall&2 &our small claims 4udgment must use the correct name of the person or 1usiness
that owes &ou mone&. 5f not2 &ou ma& not 1e a1le to collect &our 4udgment.
0he law sa&s that &ou <the plaintiff= ma& re3uest the court to amend <change= the
4udgment to include 1oth the correct legal name and an& names actuall& used 1& the
defendant. Chec. out Code of Civil %rocedure section 116.+60<1= /11+2,.htm -
-in.ing/and/0hird.
5f the defendantJs correct name is different from what is written on the 4udgment2 &ou can
as. the court for a new 4udgment with the correct name.
"ou ma& need to as. the court to >correct> a 4udgment if:
0he name on the 4udgment is not spelled correctl&D
0he name on the 4udgment is a maiden name2 and the de1tor has a new married name
<or the 4udgment has a married name when the de1tor has gone 1ac. to using a
maiden name=D
0he first name is listed as the last name 1ecause of a clerical errorD
0here has 1een a legal change of name <other than through marriage=D
0he de1tor routinel& uses a different name <an alias or pen name= and has assets in
that nameD or
"our 4udgment lists the 1usiness name 1ut not the de1torJs personal name2 and the
1usiness is owned 1& the de1tor as a sole proprietor. "ou will ?;0 1e a1le to
have the 4udgment changed to name an officer or emplo&ee of the 1usiness.
' 4udge will pro1a1l& den& a re3uest to >correct> a 4udgment that as.s to:
?ame a spouse or domestic partner that was not a named defendant in the original
claimD or
?ame a different entit& or person than the one originall& sued <for e9ample2 a
1usiness partner &ou did not .now a1out=.
0hese cases are more complicated. 0he 4udge will pro1a1l& onl& correct or >amend> the
4udgment if the interests of 4ustice are served and the 1usiness partner2 spouse2 or
domestic partner was in court on the da& of the hearing and defended the case.
Changing the name on the Cudgment )hen there is G6 clerical error
0o change the name on &our 4udgment for an& reason other than to correct a clerical error2
first chec. with &our local court to see if the& have a local form that &ou must use to
ma.e &our re3uest. 5f not2 &ou should use the &e6uest for Court %rder and Ans#er
(Small Claims) <(orm SC-10+=.
@ere is how:
*.+ (ill out a &e6uest for Court %rder and Ans#er <(orm SC-10+=.
*/+ 5ndicate that &ou are as.ing for an order to change the 4udgment to reflect the
de1torJs true name.
*0+ Fhen &ou fill in the re3uest part of the form:
Sa& whether &ou are the plaintiff or the defendant that won a defendantJs
claim.
79plain wh& &ou want to change the name on the 4udgment2 that &ou have a
good reason for the proposed change2 and that the change will support the
interests of 4ustice. 5f there is not enough room on the form2 attach a longer
e9planation on a sheet of paper <or use (orm #C-0E12 Attached
eclaration=.
5f &ou have documents that support &our re3uest2 sa& that >e9hi1its are
attached> and attach those papers to &our form. #a.e sure to e9plain wh&
&our attachments prove that the name should 1e changed.
*1+ (ile (orm SC-10+ <and an& attachments= with the small claims court cler.. 0he
cler. will put a hearing date on the form. Oeep an e9tra cop& of the filed re3uest
for &our records. "ou will have to pa& a fee for filing the motion unless &ou
3ualif& for a fee waiver.
*9+ 'fter &ou file &our re3uest2 the court cler. will mail a cop& of it to the other side
and the 4udge will mail a decision to &ou or will hold a hearing on the date the
cler. put on &our (orm SC-10+.
Changing the name on the Cudgment to correct a clerical error
0o change the name on &our 4udgment to correct a clerical error2 follow these steps:
2. (ill out a &e6uest to Correct or Cancel Judgment and Ans#er <(orm SC-10:=.
E. 5ndicate that &ou are as.ing for an order to correct <?;0 cancel= the 4udgment.
4. Fhen &ou fill in the re3est part of the form:
Sa& whether &ou are the plaintiff or the defendant that won a defendantJs
claim.
5dentif& the clerical error and e9plain wh& &ou want to correct it. 5f there is
not enough room on the form2 attach a longer e9planation on a sheet of
paper <or use (orm #C-0E12 Attached eclaration=.
5f &ou have documents that support &our re3uest2 sa& that >e9hi1its are
attached> and attach those papers to &our form.
+. (ile (orm SC-10: <and an& attachments= with the small claims cler. within E0
da&s after the cler. mails (orm SC-1E02 Notice of Entry of Judgment. Oeep an
e9tra cop& of the filed re3uest for &our records. "ou will pro1a1l& have to pa& a
fee for filing the motion unless &ou 3ualif& for a fee waiver.
6. 'fter &ou file &our re3uest2 the court cler. will mail a cop& of it to the other side.
0he de1tor will then have 1+ da&s to file and serve an answer. 5f the de1tor files
an answer2 it will sa& wh& the 4udge should den& &our re3uest. 5n the answer2 the
de1tor can also as. the court to hold a hearing on &our re3uest. 0he de1tor can
serve his or her answer on &ou 1& mail.
C. 5f the de1tor files an answer:
0he court ma& schedule a hearing so the parties can tell their stories to the
4udge. 5f a hearing is scheduled2 the court will send 1oth parties a notice of
the hearing.
5f a wee. goes 1& <after &ou have 1een served with the de1torJs answer= and
&ou still do not have a notice of hearing from the court2 contact the court
cler. and as. what is happening with &our case2 giving the cler. &our case
name and num1er.
5f the de1tor does not file an answer within 1+ da&s2 the 4udge will pro1a1l&
grant &our re3uest.
You cannot $ind the de*tor or his or her assets or employer
5f &ou do not .now where the de1tor lives or wor.s2 &ou can:
Nse the 5nternet and its search tools: white pages2 reverse loo.up2 etc.
Chec. with the count& assessor to see if the de1tor2 de1torJs spouse2 or the de1torJs
domestic partner owns real propert&. Some count& assessors will confirm if a
de1tor owns real propert& over the phone. Clic. to find &our local ta9
assessor /11+2,.htm - -in.ing/and/0hird.
Search the count& cler.Js records to find if the person has a fictitious 1usiness name
statement on file with an address.
Chec. with the court to see if there are an& other lawsuits filed against the de1tor2 the
de1torJs spouse2 or the de1torJs domestic partner2 and see if an address is listed in
that file.
'nd .eep in mind that it ma& not matter if &ou do not .now where the de1tor is if &ou
.now the 1an. 1ranch where the de1tor has his or her accounts.
5f &ou do not .now where the de1tor wor.s or where their propert& is located2 &ou can:
Contact a credit reporting agenc& and pa& a fee to get a cop& of the de1torJs credit
report. Some credit reporting agencies ma& re3uire that &ou provide them with the
de1torJs social securit& num1er and a certified cop& of &our 4udgmentD others ma&
not re3uire that information. "ou cannot get this fee 1ac. later from the de1tor.
!emem1er2 &ou can alwa&s do a de1torJs e9amination to get information a1out the de1tor
and his or her assets. !ead Get 5nformation on the *e1torJs 'ssets to learn more a1out
de1torJs e9aminations.
Someone else o)es the de*tor money or has the de*tor3s property
5f &ou .now that someone else owes the de1tor mone& or is holding propert& owned 1&
the de1tor2 &ou ma& 1e a1le to collect.
5t is possi1le to collect from items li.e:
$udgments in favor of the de1tor against someone elseD
-oans made 1& the de1tor to someone elseD
'ccounts receiva1le pa&a1le to the de1torD
!ent pa&a1le to the de1torD or
!o&alt& pa&ments to the de1tor.
5t is possi1le to collect from the de1torJs mone& or propert& held 1& someone else if:
"ou want a one-time immediate collection <called >lev&>= from this source and not a
lev& that will continue over an e9tended period of time.
0he propert& &ou see. to collect from is accessi1le to the pu1lic <li.e an art galler& or
consignment shop=.
0he collection procedure is not complicated. Chec. out Code of Civil %rocedure sections
C00.040 /11+2,.htm - -in.ing/and/0hird and C01.010 through C01.0C0 /11+2,.htm -
-in.ing/and/0hird.
0o collect &our 4udgment from these assets2 follow these steps:
;& 's. the court to issue a Writ of E>ecution <(orm 7$-1E0= to the sheriff/marshal in
the count& where the propert& or other person is located. Clic. to learn how to as.
for a Frit of 79ecution.
<& Give instructions to the sheriff/marshal. Chec. with &our lev&ing officer to see if
his or her office has a local form or &ou must prepare &our own.
=& ' Notice of ?e2y (Enforcement of Judgment) <(orm 7$-1+0= is then prepared and
served on the person who is holding the propert&2 instructing that person to turn
the mone& or propert& over to the lev&ing officer.
>& 5f the third part& does not deliver the propert& to the sheriff/marshal2 &ou ma& 1e
a1le to file a lawsuit against them. Chec. out Code of Civil %rocedure section
C01.020 /11+2,.htm - -in.ing/and/0hird.
0al. to &our count&Js small claims advisor for more information.
A$ter the Judgment .s Paid
'fter the de1tor pa&s the 4udgment2 &ou must:
+ile an A"'no(ledgment of Satisfa"tion of %udgment? and
Remo%e any liens you ha%e placed on de*tor3s property&
+iling the Ackno)ledgement o$ Satis$action
"ou must file an Ac"no#ledgment of Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-
100= with the court after the de1tor pa&s the 4udgment. !ead (orm SC-2,0 tp find out
which of the 2 forms to use.
5f the de1tor ma.es a written re3uest and &ou do not file the ac.nowledgment within 14
da&s2 &ou can 1e held lia1le for all damages sustained2 plus B+0. (or more information2
chec. out Code of Civil %rocedure section 116.:+0 /11+2,.htm - -in.ing/and/0hird.
5f there are no liens related to the 4udgment2 &ou can sign the Ac"no#ledgment of
Satisfaction of Judgment on the 1ac. of &our cop& of the small claims 4udgment. 5f a lien
e9ists2 &ou will have to use (orm 7$-100 and have it notariLed 1efore filing it with the
court and recording a certified cop& with the count& recorderJs office.
Remo%ing liens you ha%e placed on the de*tor3s property
"ou #NS0 remove liens that &ou have placed on the de1torJs real and personal propert&.
0o remove a real propert& lien2 use an Ac"no#ledgment of Satisfaction of Judgment
<(orm 7$-100= and have it notariLed 1efore filing it with the court. 0hen record a certified
cop& with the count& recorderJs office /11+2,.htm - -in.ing/and/0hird.
0o remove a personal propert& lien2 follow the instructions on the $udgment -ien Change
(orm <$--E /11+2,.htm - -in.ing/and/0hird= and send it to California Secretar& of
State /11+2,.htm - -in.ing/and/0hird at the address showin on the $-E form.
http://www.courts.ca.gov/101+.htm
Pay Your Judgment
5f &ou lose a small claims case and are ordered to pa& mone& to the winning side2 &ou
1ecome a 4udgment de1tor. 0he court will not collect the mone& for &our creditor <the
person &ou owe mone& to=2 1ut if &ou do not pa& voluntaril&2 the creditor can use
different enforcement tools to get &ou to pa& the 4udgment.
!ead Payments in Small Claims Cases <(orm SC-220-5?(;=
You ha%e :D days a$ter entry o$ the original Cudgment *e$ore you ha%e to pay the
creditor&
*uring this time2 &ou can :
%a& the 4udgment voluntaril&D
's. the creditor or the court to set up an installment pa&ment planD
(ile an appealD or
(ill out and send the creditor a Judgment e$tor's Statement of Assets <(orm SC-
1EE=.
;nce the E0 da&s have passed and there is no appeal or sta& <suspension or
postponement= for some other reason2 the creditor can start collecting the 4udgment
against &ou. !ead Fa&s to Collect (rom the *e1tor to see what collection tools the
creditor can use. Clic. if &ou do not pa& the 4udgment to see what &ou can do if the
creditor tries to collect.
Oeep in mind that if &ou do not pa& the 4udgment:
0he amount &ou owe will increase dail&2 since the 4udgment accumulates interest at
the rate of 10 percent per &ear.
0he creditor can get an order telling &ou to reim1urse him or her for an& reasona1le
and necessar& costs of collection.
"our credit ma& 1e damaged 1ecause credit reporting agencies will .now &ou have
not paid the 4udgment when &our name appears on the courtJs >$udgment !oll.>
0his can ma.e it difficult for &ou to get a loan2 get a credit card2 or even rent an
apartment.
http://www.courts.ca.gov/11:E.htm
Pay the Judgment 5oluntarily
5f &ou lose &our small claims case <or &our appeal= and the 4udgment against &ou is final2
&ou can choose to pa& the 4udgment voluntaril&. "ou can pa& the creditor directl&. 5f &ou
do2 ma.e sure &ou get proof of pa&ment li.e a receipt2 a cancelled chec. or some other
proof. 0he creditor will have to fill out a form to let the court .now that &ou paid the
4udgment2 and if he or she does not do this2 &ou will have to prove to the court that &ou
paid it. Clic. for information on what to do once &ou pa& &our 4udgment.
You can also pay the Cudgment directly to the court2 instead o$ to the creditor
' de1tor in a small claims case can pa& the 4udgment directl& to the court. ;ften this is
done so that the de1tor can immediatel& get proof of pa&ment from the court in order to
clear their credit record.
0o pa& the 4udgment to the court2 fill out and file a &e6uest to Pay Judgment to Court
<(orm SC-14+=.
5f &ou pa& the 4udgment to the court2 &ou must pa&:
0he principal amount of the 4udgmentD
Costs after 4udgmentD
5nterest accrued on the 4udgmentD and
0he courtJs processing fee <usuall& B2+=.
0he court will let the creditor .now that that the 4udgment has 1een paid so &ou do not
have to.
http://www.courts.ca.gov/11E,:.htm
Pay in .nstallments
"ou #'" 1e a1le to pa& &our 4udgment in installments 1& setting up a pa&ment plan with
the court or the 4udgment creditor.
(irst2 &ou can tr& tal.ing to the creditor to see if he or she is willing to wor. out a
pa&ment plan with &ou. !emind the creditor that &ou want to pa& 1ut that &ou 4ust do not
have the mone& to pa& it all at once. 0he creditor ma& decide he or she would rather have
some mone& a little at a time than nothing at all.
5f &ou wor. something out2 ma.e sure all the details are in writing. 0he agreement should
include due dates2 grace periods <if an&=2 if and how interest will accrue2 where &ou
should send the pa&ments2 what form of pa&ment will 1e accepted2 and who &ou should
ma.e the pa&ments to. #a.e sure &ou .eep detailed records and proof of &our pa&ments.
5f the other side does not agree to a pa&ment plan2 &ou can tr& as.ing the court for one.
(o ask the court to let you pay in installments!
>>& (ill out and file a &e6uest to 5a"e Payments <(orm SC-220=. 'lso fill out a
(inancial Statement <(orm 7$-16+=.
>@& 0he court cler. will mail a cop& of the re3uest and financial statement to the
creditor2 along with a 1lan. &esponse to &e6uest to 5a"e Payments <(orm SC-
221=.
>A& 0he creditor has 10 da&s to tell the court that:
@e or she will accept the proposed pa&ment scheduleD
@e or she will accept pa&ments in a different amountD ;!
@e or she does ?;0 want to accept installment pa&ments.
@D& 5f the creditor does not respond within 10 da&s2 the court will assume that he or
she accepted &our proposed pa&ment schedule and will grant &our re3uest to pa&
in installments.
@8& 5f the creditor does not accept &our proposed pa&ment schedule2 the court will
pro1a1l& hold a hearing to discuss &our re3uest and ma.e a decision.
?ote: 0his option affects the interest 1ecause it ma& stop all interest from accumulating
until the entire 4udgment is paid off. So if &ou have 3uestions a1out how a pa&ment plan
can affect &ou2 tal. to a law&er or the small claims advisor. Clic. for help finding a
law&er.
.$ you ha%e a court order to pay in installments and the Cudgment
creditor has asked to cancel that installment plan
5f the court gave &ou permission to pa& the 4udgment in installments <a pa&ment plan=
and &ou stop pa&ing or never made an& pa&ments2 the creditor can as. the court that the
pa&ment plan 1e canceled and that the entire 1alance 1ecome due. 5f this happens2 &ou
have the right to respond to the creditorJs re3uest and e9plain &our side of the stor&. You
M'S( do this )ithin 8D days o$ getting notice in the mail that the creditor has made
the reIuest.
(his is )hat )ill happen!
.+ 0he creditor will fill out and file a eclaration of efault in Payment of
Judgment <(orm SC-22E= sa&ing that &ou are in default on the pa&ment plan2 and
giving details a1out the pa&ments he or she claims &ou made and failed to ma.e.
/+ 0he court will mail &ou a cop& of the creditorJs eclaration <(orm SC-22E= and
also mail &ou a 1lan. &esponse to eclaration of efault in Payment of
Judgment <(orm SC-224= to use if &ou want to respond to the creditorJs
eclaration+
#a.e sure &ou read page 2 of (orm SC-224. 5t gives &ou important
information on the process and what &ou must do.
0+ 5f &ou disagree with the creditorJs eclaration and/or &ou do not want the
pa&ment plan canceled2 fill out the &esponse to eclaration of efault in
Payment of Judgment <(orm SC-224=. #a.e copies of the &esponse. ;ne for &ou
and one for each part& in the case.
1+ @ave copies of &our &esponse <(orm SC-224= served on all other parties in &our
case. 0his means someone 1: or older2 not &ou2 must mail a cop& of &our
&esponse. "our server must fill out a proof of service for each part& he or she
serves. 0hen2 &our server must return that proof of service to &ou. "our server can
use Proof of Ser2ice $y 5ail <(orm SC-112'=.
9+ (ile the original of &our &esponse to eclaration of efault in Payment of
Judgment <(orm SC-224= and the %roof of Service with the court cler.. You
M'S( do this )ithin 8D days o$ recei%ing the !e"laration 0+orm SC499:=.
:+ 0he court will then mail all the parties in the case <including &ou= an %rder on
eclaration of efault in Payments <(orm SC-22+= which will have:
' decision on whether or not to end the pa&ment plan and have the full
1alance 1ecome due right awa&2 ;!
' notice to go to a court hearing to hear 1oth sides in person and ma.e a
decision then.
;+ 5f the courtJs decision is that the full 1alance is due now the creditor can start
collecting on the full amount right awa&.
*<+ 5f the court sends &ou a notice for a court hearing2 ma.e sure &ou go to the court
hearing. 5f &ou have proof that &ou made the pa&ments the creditor claims &ou
missed2 1ring that with &ou.
http://www.courts.ca.gov/1141:.htm
.$ You /o Got Pay Your Judgment
5f the court decides against &ou and issues a 4udgment and &ou do not intend to appeal2 it
is 1etter to pa& the 4udgment as soon as possi1le. 5f &ou do2 &ou will not have to pa&
interest on the unpaid 4udgment2 and &ou will not 1e responsi1le for whatever costs the
4udgment creditor <the side that wins= incurs tr&ing to collect the 4udgment from &ou.
+ill out and send the creditor a %udgment !ebtor&s Statement of Assets 0+orm SC4
8::1
;nce the 4udgment against &ou is final and &ou do not pa& voluntaril& within E0 da&s2
&ou are legall& re3uired to fill out a Judgment e$tor's Statement of Assets <(orm SC-
1EE= and send it to the creditor. 5n man& local courts2 the court cler. will mail a 1lan.
(orm SC-1EE to &ou with the original 4udgment.
5f &ou do not send (orm SC-1EE to the creditor2 he or she ma& do a de1torJs e9amination
to get information a1out &our propert&2 wor.2 1an. accounts2 and other assets that the
creditor can go after to get paid. !ead Fa&s to Collect (rom the *e1tor to learn a1out
what the creditor can do to collect the 4udgment if &ou do not pa& voluntaril&.
5f the creditor ta.es steps to collect the 4udgment2 there ma& 1e something &ou can do.
Get help from the small claims advisor. 'nd get more information 1& clic.ing on the
topic 1elow that applies to &our situation:
.$ the Creditor as Your ,ages Garnished
.$ the Creditor Puts a Le%y or 6ther Gon4,age Garnishment on Your Property
.$ the Creditor as Your ,ages Garnished
;ne of the main tools that the creditor can use to collect from &ou is a wage garnishment.
5f the creditor has received a 4udgment from a court that &ou own mone&2 the creditor can
file papers to have a portion of &our pa&chec. garnished <ta.en or withheld= to pa& off
&our de1t. 5f this has 1een done2 &ou will 1e given a cop& of an Earnings Withholding
%rder <(orm FG-002= . ut the creditor will 1e limited in the amount he or she can ta.e.
Generall&2 a1out 2+S of &our ta.e home pa& will 1e withheld2 1ut the creditor cannot
ta.e the part of &our pa&chec. that &ou need to support &ourself and &our dependents.
See the Employee @nstructions <(orm FG-00E= &ou were given 1& &our emplo&er for
more information.
5f the creditor tries to garnish &our wages2 &ou have several options:
9<& 0al. to a law&er or2 if this is a small claims case2 &our small claims advisor. '
law&er or the advisor can help &ou decide what is 1est for &ou. 0a.e the Earnings
Withholding %rder to the law&er or advisor so the& can tell e9actl& what is going
on.
9=& 0r& to wor. out an agreement &ourself with the creditor <the person &ou owe
mone& to=. 0he creditor or his or her law&er will 1e listed on the Earnings
Withholding %rder. 5f &ou ma.e an agreement2 &ou ma& 1e a1le to have the
withholding stop or changed to a lower amount &ou can agree on.
9>& 's. for a claim of e9emption. ' claim of e9emption will protect more or ma&1e
even all of &our earnings. "ou can get an e9emption if &ou need &our earnings
<wages= to support &ourself or &our famil&2 *ut you cannot get an eFemption i$:
1. "ou use some of &our earnings for lu9uries that arenIt reall& necessar& for
supportD ;!
2. "ou owe mone& to a law&er 1ecause of a court order in a famil& law caseD
;!
E. "ou owe the de1t for past due child support or spousal or partner supportD
;r
4. "ou owe the de1t to a former emplo&ee for wages.
o) to ask $or a claim o$ eFemption $or )age garnishment
' Claim of E>emption is a form a de1tor files with the lev&ing officer <the sheriff or
marshal who issued the Earnings Withholding %rder= e9plaining wh& the wages that the
creditor wants the de1torJs emplo&er to garnish <ta.e= should 1e e9empt <e9cluded=.
0here are laws and rules that sa& when e9emptions are availa1le. "ou can read a1out
these in the Employee @nstructions <(orm FG-00E=.
(o $ile a Claim of )*emption $or a )age garnishment
's soon as possi1le after receiving a cop& of the Earnings Withholding %rder <(orm
FG-002= <the wage garnishment= from &our emplo&er:
*:+ (ill out a Claim of E>emption <(orm FG-006= and a (inancial Statement <(orm
FG-00C=.
!emem1er2 it is &our 4o1 to prove using the (inancial Statement form that &ou
need &our earnings to support &ourself or &our famil&.
;n the Claim of E>emption form2 &ou can ma.e an offer to the creditor to
have a specified amount withheld from &our chec. each pa& period. %ut
down the amount &ou agree to pa& each pa& da& on item E of the form2
and if the creditor agrees2 he or she will not oppose &our claim of
e9emption.
*;+ #ail or deliver the original plus one cop& of the Claim of E>emption and the
(inancial Statement to the lev&ing officer in &our case <the sheriff/marshal or
process server who issued the Earnings Withholding %rder=. Oeep 1 cop& of 1oth
forms for &ourself.
Gote! 0he emplo&er must continue to compl& completel& with the wage
garnishment and send the withheld wages to the lev&ing officer. 0he
lev&ing officer will hold all the pa&ments until the Claim of 79emption is
decided2 either 1& the creditor not opposing the Claim of 79emption or 1&
a court order.
,<+ 5f the creditor does ?;0 oppose &our claim of e9emption2 after 10 da&s the
lev&ing officer will tell &our emplo&er to stop withholding &our wages or
withhold less. 0he part <or all= of &our earnings &ou need to support &ourself or
&our famil& will 1e paid to &ou or paid as &ou direct. 'nd &ou will get 1ac. the
earnings that the lev&ing officer or &our emplo&er were holding when &ou as.ed
for the e9emption.
,*+ 5f the creditor opposes &our claim of e9emption2 &ou will receive a Notice of
%pposition to Claim of E>emption <(orm FG-00,= and Notice of 4earing on
Claim of E>emption <(orm FG-010= that will set a court date for a 4udge to ma.e
a decision. !ead (orm FG-010 carefull&. 5t will not onl& tell &ou the court date
information2 1ut will tell &ou if the creditor will go to court or not.
"ou do not need to go to the court date if &ou are willing to have the court
ma.e the decision 1ased on &our (inancial Statement and on the creditorIs
Notice of %pposition. 5f &ou go to the hearing2 ta.e 1ills2 pa&chec. stu1s2
canceled chec.s and other evidence and witnesses that will help &ou prove
that &ou need &our earnings to support &ourself and &our famil&.
!ead page 2 of the Employee @nstructions <(orm FG-00E= for more
information.
,,+ 't the hearing2 the 4udge will ma.e the final decision. 5f the 4udge agrees with
&our claim of e9emption2 &ou will get &our mone& 1ac. and the 4udge will order
&our emplo&er to stop withholding &our earnings or withhold less mone&. 5f the
4udge agrees with the creditor2 &our emplo&er must continue to withhold &our
earnings unless &ou appeal to a higher court. 'ppeals are complicated2 so tal. to a
law&er if &ou thin. &ou want to appeal.
5f &ou have a court hearing2 do not file another Claim of E>emption a1out the
same Earnings Withholding %rder unless &our finances have gotten worse
in an important wa&.
5f the 4udge orders that the Earnings Withholding %rder 1e changed or ended2
the lev&ing officer must sign the notice to &our emplo&er. 0he lev&ing
officer ma& give &ou permission to deliver it to &our emplo&er or it can 1e
mailed.
!ead the Employee @nstructions <(orm FG-00E= for more detail or if &ou have more
3uestions.
(o oppose a Claim of )*emption $or a )age garnishment
5f the 4udgment creditor wants to oppose the Claim of E>emption2 within 10 da&s of the
mailing date shown on 5tem 1 of the Notice of (iling of Claim of E>emption <(orm FG-
00:=2 the creditor must:
:. (ill out a Notice of %pposition to Claim of E>emption <(orm FG-00,= and ma.e
4 copies.
,. (ill out a Notice of 4earing on Claim of E>emption <(orm FG-010= and ma.e 4
copies.
10. Contact the court cler. a1out setting a court date. 0he creditor must file (orm
FG-010 with the court within 10 da&s of the date shown on 5tem 1 of the Notice
of (iling of Claim of E>emption <(orm FG-00:=.
0he date of the hearing must ?;0 1e more than E0 da&s after the date the
creditor files (orm FG-010 with the court.
11. Give the following documents to the le%ying o$$icer <whose name and address
are on the front of Notice of (iling of Claim of E>emption <(orm FG-00:=:
0he original Notice of %pposition to Claim of E>emption <(orm FG-00,=
with original signature2 and
' cop& of the Notice of 4earing on Claim of E>emption <(orm FG-010=.
0he lev&ing officer must recei%e (orm FG-00, within 10 da&s of the
mailing date on 5tem 1 of (orm FG-00: or the Earnings Withholding
%rder will 1e canceled or changed as re3uested 1& the de1tor on the Claim
of 79emption.
12. (ile the original Notice of 4earing on Claim of E>emption <(orm FG-010= with
original signature )ith the court clerk. #a.e sure the %roof of Service on the
1ac. has 1een completed and the signature on that part is also the original.
0he court must receive this document within 10 da&s of the mailing date on
5tem 1 of (orm FG-00:.
efore the court date2 the lev&ing officer will file the original Claim of
E>emption and the original Notice of %pposition to Claim of E>emption
with the court.
1E. @ave someone 1: or older2 ?;0 the creditor2 serve a cop& of the Notice of
%pposition to Claim of E>emption <(orm FG-00,= and the Notice of 4earing on
Claim of E>emption <(orm FG-010= on the 4udgment de1tor <or if the 4udgment
de1tor is represented 1& a law&er2 on that law&er= at the address on item 2 on the
Claim of E>emption. 0he de1tor must 1e served at least 16 court da&s 1efore the
hearing if served in person. 5f the de1tor is served 1& regular mail from a
California address to a California address2 the de1tor must 1e served at least 16
court da&s and + calendar da&s 1efore the hearing.
Clic. to find out more a1out service2 or read page 2 of the Notice of (iling of
Claim of E>emptionA @nstructions to Judgment Creditor <(orm FG-00:=.
14. 0he creditor is not re3uired to2 1ut ma& choose to go to the court hearing and
e9plain to the 4udge wh& the mone& the creditor is tr&ing to collect is not e9empt.
5f the creditor does not want to go to the court hearing2 he or she can chec. 1o9 E
on the Notice of 4earing on Claim of E>emption <(orm FG-010=.
5f going to the court hearing2 the creditor should ta.e each form he or she
filled out and the Claim of 79emption.
.$ the Creditor Puts a Le%y or 6ther Gon)age
Garnishment on Your Property
's a de1tor2 if the creditor tries to ta.e an& asset of &ours other than &our wages through
a lev& or garnishment2 &ou can also file a claim of e9emption. See Code of Civil
%rocedure section C04.010 /11+2,.htm - -in.ing/and/0hird for a list of what &ou need to
put in a claim of e9emption.
Claim o$ eFemption $or a le%y or other non)age garnishment 0not )ages1
' Claim of E>emption is a form a de1tor files with the lev&ing officer <li.e the sheriff or
marshal= e9plaining wh& the propert& or mone& that the creditor wants to ta.e should 1e
e9empt <e9cluded=. 0here are laws and rules that sa& which t&pes of income or propert&
are e9empt. "ou can read man& of these e9emptions in E>emptions (rom the
Enforcement of Judgments <(orm 7$-1++=.
(o $ile a Claim o$ "Femption $or a le%y or other non)age garnishment
Fithin 10 da&s from receiving the ?otice of -ev&:
@& (ill out a Claim of E>emption <(orm 7$-160= and a (inancial Statement <(orm
7$-16+=.
A& Nse the E>emptions (rom the Enforcement of Judgments <(orm 7$-1++= to find
out what propert& or income is e9empt from a lev&.
8D& 0urn in the original Claim of E>emption plus one cop& to the lev&ing officer in
&our case <li.e the sheriff or marshal or process server= within 10 da&s of
receiving the ?otice of -ev&.
88& 0he lev&ing officer will hold on to &our propert& or mone& until:
10 da&s go 1& and the creditor does not oppose &our claim of e9emptionD
;!
0he 4udge ma.es a decision at the hearing on the claim of e9emption.
89& 5f the creditor does not oppose &our claim of e9emption2 the lev&ing officer will
return the propert& or mone& to &ou.
8:& 5f the creditor opposes &our claim of e9emption2 &ou will receive Notice of
%pposition to Claim of E>emption <(orm 7$-1C0= and Notice of 4earing on
Claim of E>emption <(orm 7$-1C+= that will set a court date for a 4udge to ma.e a
decision.
8;& 't the hearing2 the 4udge will ma.e the final decision. 5f the 4udge agrees with
&ou2 &ou will get &our mone& or propert& 1ac.. 5f the 4udge agrees with the
creditor2 the lev&ing officer will give &our mone& or propert& to the creditor.
(o oppose a Claim of )*emption $or a non)age garnishment 0not )ages1
5f the 4udgment creditor wants to oppose the Claim of E>emption2 within 10 da&s of
receiving a ?otice from the lev&ing officer that the 4udgment de1tor has filed a Claim of
E>emption along with a cop& of the Claim of 79emption2 the creditor must:
;& (ill out a Notice of %pposition to Claim of E>emption <(orm 7$-1C0= and ma.e E
copies.
<& (ill out a Notice of 4earing on Claim of E>emption <(orm 7$-1C+= and ma.e E
copies.
=& (ile the original of 1oth forms with the court. 0he cler. will schedule a court date.
>& Give a cop& of each document to the lev&ing officer <li.e the sheriff or marshal=.
0he creditor should .eep a cop& for him or herself.
@& @ave someone 1: or older2 ?;0 the creditor2 serve a cop& of each on the
4udgment de1tor <or if the 4udgment de1tor is represented 1& a law&er2 on that
law&er= at least 10 da&s 1efore the hearing.
A& Go to the court hearing and e9plain to the 4udge wh& the mone& or propert& the
creditor is tr&ing to collect is not e9empt.
A$ter You Pay the Judgment
A$ter you pay the Cudgment in $ull2 the creditor must!
+ile an A"'no(ledgment of Satisfa"tion of %udgment 0+orm SC49AD or +orm "J4
8DD1? and
Remo%e any liens he or she has placed on your real and personal property&
.$ the creditor does G6( $ile the Ackno)ledgment o$ Satis$action
5f the creditor does not automaticall& file the Ac"no#ledgment of Satisfaction of
Judgment <(orm SC-2,0 or (orm 7$-100= when &ou pa& him or her2 &ou can:
Send a letter to the 4udgment creditor 1& certified mail with return receipt re3uested.
5n the letter2 tell him or her that the law re3uires that he or she file an
Ac"no#ledgment of Satisfaction of Judgment within 1+ da&s of receiving
pa&ment. 5f he or she does not do this2 &ou can sue the creditor for B+0 plus
damages. (or more information2 chec. out Code of Civil %rocedure section
116.:+0 /11+2,.htm - -in.ing/and/0hird.
"ou can also:
5f &ou have proof that &ou paid the 4udgment2 fill out and file a eclaration of
Judgment e$tor &egarding Satisfaction of Judgment. 0his is usuall& a local form
&ou can get from &our cler.Js office or from &our courtJs we1site. (ill out the
form2 attach &our proof of pa&ment2 and file it with the court. 0he cler. will enter
a satisfaction of 4udgment in &our court record. 5f &ou cannot find this form or
&our court does not have one2 write &our re3uest on a eclaration <(orm #C-
0E0= and add the words >*eclaration of $udgment *e1tor !egarding Satisfaction
of $udgment> as the title. #a.e sure &ou attach &our proof of pa&ment to this
form 1efore &ou file it with the court.
5f &ou do not have proof that &ou paid and the creditor has not filed a
Ac"no#ledgement of Satisfaction of Judgment <(orm SC-2,0 or (orm 7$-100=2
fill out a &e6uest for Court %rder and Ans#er <(orm SC-10+=. ;n the form2 sa&
that &ou want to have the court >7nter Satisfaction of $udgment.>
(ile &our form with the cler..
0he cler. ma& schedule a court date and let &ou and all other parties .now.
5f the court is convinced that &ou have paid2 the court will enter the
satisfaction of 4udgment.
'pdate your credit report
;nce &ou have a satisfaction of 4udgment2 &ou should update &our credit report so that it
shows that &ou have paid the de1t.
0o update &our credit report:
@9& Get E certified copies of the Ac"no#ledgment of Satisfaction of Judgment from
the cler.Js office <&ou ma& have to pa& a fee=D '?*
@:& #ail a certified cop& to each of the E ma4or credit reporting agencies: 73uifa92
79perian2 and 0ransNnion.
Appeals
Fhen &ou appeal a small claims 4udgment2 &ou as. the superior court to change the small
claims court 4udgeJs decision. "ou will have another court hearing and must present &our
case again.
' small claims appeal is a >trial de novo> or >new trial.> 0his means that the case is
decided 1& a new 4udge from the 1eginning so &ou have to present &our case all over
again. ecause this case is in the civil division of the superior court <and ?;0 in small
claims court=2 &ou <and the other side= are allowed to 1ring a law&er to represent &ou in
the new trial. Clic. for help finding a law&er.
.MP6R(AG(Q 0his is different from an appeal of a motion to vacate. 5f the defendant
did not show up at the original trial2 he or she has no right to as. for a new trial. 5nstead2
the defendant can onl& file a motion to vacate the 4udgment. 5f the 4udge denies that
motion2 then the defendant can appeal the 4udgeJs denial of the motion to vacate.
;nl& a defendant can file an appeal of a small claims 4udgment. N0 if &ou are the
plaintiff2 and the defendant counter-sued &ou 1& filing a efendant's Claim in response to
&our Plaintiff's Claim and &ou lose2 &ou C'? appeal. Since a small claims appeal is a
1rand-new trial2 the entire case is decided from scratch.
0o (ile an 'ppeal of a Small Claims $udgment
(o $ile an appeal o$ a small claims Cudgment
1. "ou must file &our appeal )ithin :D days of the date the small claims 4udgment
was mailed to &ou. 0his date will 1e on &our cop& of the small claims decision.
2. (ile a Notice of Appeal (Small Claims) <(orm SC-140= with the small claims
court.
E. 0he court will mail &ou the date and time of &our hearing on the appeal. 0he
hearing on &our appeal will 1e in the civil division of the superior court.
4. Go to &our trial. "ou and the other side will have to present &our case all over
again.
+. 5f &ou do not go to the trial2 the 4udge will not hear &our side of the stor&.
0he 0rial
5n a small claims appeal2 a new 4udge hears all the evidence again and ma.es a decision.
0hat 4udge does not .now what happened in the first trial2 so this new 4udge loo.s at
ever&thing as if the case was 1eing decided for the first time.
7ither side can have an attorne& represent him or her at the appeal. 5f &ou decide to hire a
law&er for the appeal2 it is possi1le that the 4udge ma& award &ou B1+0 in attorne& fees
and up to B1+0 for &our actual loss of earnings2 e9penses of transportation2 and lodging
incurred in connection with the appeal.
'lso2 if &ou or &our law&er <if &ou have one= can prove that the other side filed an appeal
in 1ad faith with the intent to harass or dela& &ou or to encourage to &ou drop &our claim2
it is possi1le that the 4udge ma& award reasona1le and actual attorne& fees of up to B12000
and B1000 in actual losses in earnings or transportation/lodging e9penses that &ou
incurred due to the appeal <and that are reasona1le costs=.
5f &ou want to as. for attorne& fees and/or lost earnings and transportation and lodging
costs2 1e sure to spea. up during the hearing. "ou ma& 1e as.ed to prove &our actual loss2
so &ou ma& need paperwor. <receipts2 1ills= showing the charges.
0he $udgeIs *ecision
.$ you )in the appeal
' 4udgment on appeal is final.
5f &ou are the plaintiff2 once the court sends &ou a notice that &ou won the appeal2 &ou
can go ahead with the collection of &our 4udgment. 0here is no E0-da& waiting
period2 li.e there is after the original small claims trial.
5f &ou are the defendant and &ou completel& win the appeal2 &ou do not have to pa&
an&thing.
.$ you lose the appeal
5f &ou lose2 &ou will have to pa& the original 4udgment. "ou ma& have to pa& more if the
4udge decides &ou owe a larger amount.
"ou ma& 1e ordered to pa& the plaintiffIs court costs such as service and filing fees.
5nterest will also accrue at 10 percent for each &ear the 4udgment is not paid.
"ou ma& 1e ordered to pa& up to B1+0 for attorne& fees and an additional B1+0 for travel
costs2 loss of earnings2 and lodging reasona1l& incurred in connection with the appeal.
'nd if the 4udge finds &ou filed &our appeal in 1ad faith2 the court ma& award up to
B12000 in attorne& fees and also B12000 for travel costs2 loss of earnings2 and lodging to
the other side. (iling an appeal in 1ad faith means that:
1. "ou filed &our appeal without strong support for &our positionD
2. "ou intended to harass or dela& the other part&D or
E. "ou filed &our appeal to encourage the other part& to a1andon the case
http://www.courts.ca.gov/101C.htm
+orms
"ou ma& not need all of these forms. ;r &ou ma& need more forms. 5f &ou are not sure
which forms to use2 tal. to &our small claims advisor or a law&er. Clic. for help finding a
law&er.
G6("! 'll California courts use the same 1asic set of forms. ut some courts have local
forms2 too. 0o see if &ou will need an& special2 local forms2 contact &our court cler. or
chec. &our courtJs we1site. 0he forms ma& 1e posted on their site. 5f not2 the site will list
the address and phone num1er of &our local courthouse.
0o download a form <in %*( format=2 clic. on the form num1er in the ta1le 1elow. 5f the
form &ou need is filla1le2 &ou will 1e a1le to fill and print it out.
Start "our Case <for %laintiffs=
+orm Game +orm Gum*er
@nformation for the Plaintiff (Small Claims) SC-100-5?(;
<5nformation sheet=
Plaintiff's Claim and %&E& to 'o to Small Claims Court SC-100
%ther Plaintiffs or efendants (Attachment to Plaintiff's Claim and
%&E& to 'o to Small Claims Court)
SC-100'
Attorney (ee ispute (After Ar$itration) (Attachment to Plaintiff's Claim
and %&E& to 'o to Small Claims Court)
SC-101
(ictitious )usiness Name (Small Claims) SC-10E
Proof of Ser2ice (Small Claims) SC-104
Proof of 5ailing (Su$stituted Ser2ice ) (Small Claims) SC-104'
Proof of Ser2ice $y 5ail SC-112'
What @s BProof of Ser2iceB3 (Small Claims) SC-104
<5nformation sheet=
4o# to Ser2e a )usiness or Pu$lic Entity (Small Claims) SC-104C
<5nformation sheet=
eclaration #C-0E0
(ind information a1out fee waivers.
Some courts also re3uire a form called >%laintiffJs Statement to the Cler..> 0o get this
form2 &ou can:
Go to the cler.Js office of the court where &ou will file &our claim.
-oo. for the form on &our local superior courtJs we1site.
#ail the court a letter as.ing for the form and enclose a self-addressed2 stamped
envelope. Clic. to find &our courtJs address.
5f &ou are under 1: &ears old2 &ou need a guardian ad litem to sue for &ou in small claims
court. 0ell the court cler. &ou need an Application and %rder for Appointment of
'uardian ad ?item = Ci2il <(orm C5K-010=.
*efendantJs Claim
efendant's Claim and %&E& to 'o to Small Claims Court (Small
Claims)
SC-120
%ther Plaintiffs or efendants (Attachment to efendant's Claim and
%&E& to 'o to Small Claims Court)
SC-120'
(ictitious )usiness Name (Small Claims) SC-10E
Proof of Ser2ice (Small Claims) SC-104
Proof of Ser2ice of 5ailing (Su$stituted Ser2ice) (Small Claims) SC-104'
What @s BProof of Ser2iceB3 (Small Claims) SC-104
<5nformation sheet=
4o# to Ser2e a )usiness or Pu$lic Entity (Small Claims) SC-104C
<5nformation sheet=
Proof of Ser2ice $y 5ail SC-112'
(ind information a1out fee waivers.
5f &ou are under 1: &ears old2 &ou need a guardian ad litem to sue for &ou in small claims
court. 0ell the court cler. &ou need an Application and %rder for Appointment of
'uardian ad ?item = Ci2il <(orm C5K-010=.
's. to Change the *ate of "our 0rial
&e6uest to Postpone 7rial (Small Claims) SC-1+0
%rder on &e6uest to Postpone 7rial (Small Claims) SC-1+2
's. to Change the ?ame of a *efendant <efore "our 0rial=
&e6uest to Amend Claim )efore 4earing (Small Claims) SC-114
's. to *ismiss "our Case
5n man& local courts2 when &ou file &our claim <(orm SC-100=2 &ou also get a local form
called >*eclaration of #ilitar& Status/!e3uest for *ismissal.>
Nse this form to sa& which defendants &ou do not want to sue an&more or to dismiss the
entire case.
Su1poena 7vidence for "our 0rial
+orm Game +orm
Gum*e
r
Small Claims Su$poena for Personal Appearance and Production of ocuments at
7rial or 4earing and eclaration
SC-10C
Notice to Consumer or Employee and %$Cection SN%-
02+
Send Someone 'uthoriLed to Go to "our 0rial for "ou
Authorization to Appear (Small Claims) SC-10,
's. the Court to #a.e an ;rder efore or 'fter the 0rial
&e6uest for Court %rder and Ans#er SC-10+
%rder on &e6uest for Court %rder SC-10+'
?otice of the $udgeJs *ecision
What to o After the Court ecides !our Small Claims Case SC-200-5?(;
<5nformation sheet=
Notice of Entry of Judgment (Small Claims) SC-1E0 or SC-200
Attorney=Client (ee ispute (Attachment to Notice of Entry of
Judgment) (Small Claims)
SC-1E2
ecision on Attorney=Client (ee ispute SC-202'
's. the $udge to Correct or Cancel a $udgment
&e6uest to Correct or Cancel Judgment
and Ans#er (Small Claims)
SC-10:
Notice of 5otion to 8acate Judgment
and eclaration (Small Claims)
SC-1E+ <5f &ou are 1eing sued -- and you did not go
to your trial -- &ou can use this form.=
(ile an 'ppeal
Notice of Appeal (Small Claims) SC-140
'fter the $udgment <for Creditors=
What to o After the Court ecides !our Small Claims
Case
SC-200-5?(;<5nformation Sheet=
Payments in Small Claims Cases SC-220-5?(; <5nformation Sheet=
@nformation After Judgment SC-1E0 <page 2= or SC-200 <pages
E V 4= <5nformation
onl&=/documents/sc140.pdf
Judgment e$tor's Statement of Assets SC-1EE
5emorandum of Costs After JudgmentA Ac"no#ledgment
of CreditA and eclaration of Accrued @nterest
#C-012
Ac"no#ledgment of Satisfaction of Judgment SC-2,0 or 7$-100 <!ead SC-2,0 to
fnd out which one to use.=
Application and %rder to Produce Statement of Assets and
to Appear for E>amination
SC-1E4
Application for and &ene#al of Judgment 7$-1,0
Notice of &ene#al of Judgment 7$-1,+
'fter the $udgment <for *e1tors=
What to o After the Court ecides !our
Small Claims Case
SC-200-5?(; <5nformation Sheet=
Payments in Small Claims Cases SC-220-5?(; <5nformation Sheet=
@nformation After Judgment
SC-1E0 <page 2= or SC-200 <pages E V 4=
<5nformation onl&=/documents/sc1E0.pdf
&e6uest to 5a"e Payments (Small Claims) SC-220
&esponse to &e6uest to 5a"e Payments SC-221
Judgment e$tor's Statement of Assets SC-1EE
&e6uest to Pay Judgment to Court (Small
Claims)
SC-14+
Collections <for Creditors=
Judgment e$tor's Statement of
Assets (Small Claims)
SC-1EE
Application and %rder to Produce
Statement of Assets and to Appear
SC-1E4
for E>amination (Small Claims)
Application and %rder for
Appearance and E>amination
(Attachment =Enforcement of
Judgment)
'0-1E:2 7$-12+
Small Claims Su$poena for
Personal Appearance and
Production of ocuments at 7rial or
4earing and eclaration
SC-10C
A$stract of Judgment = Ci2il and
Small Claims
7$-001
Writ of E>ecution 7$-1E0
Notice of ?e2y (Enforcement of
Judgment)
7$-1+0
5emorandum of 'arnishee
(Attachment = Enforcement of
Judgment)
7$-1+2
&e6uest for Court %rder and
Ans#er (Small Claims)
SC-10+
Application for Earnings
Withholding %rder (Wage
'arnishment)
FG-001
Notice of ?ien (Attachment =
Enforcement of Judgment)
7$-1:+
Notice of %pposition to Claim of
E>emption (Enforcement of
Judgment)
7$-1C0
Notice of 4earing on Claim of
E>emption (Wage 'arnishment =
Enforcement of Judgment)
FG-010/7$-1C+
E>emptions (rom the Enforcement
of Judgments
7$-1++. 'lso loo. at Current *ollar 'mounts of
79emptions (rom 7nforcement of $udgments2 a list of the
current dollar amounts of the e9emptions from
enforcement of 4udgments.
Collections <for *e1tors=
Judgment e$tor's
Statement of Assets
(Small Claims)
SC-1EE
&e6uest to Pay Judgment
to Court (Small Claims)
SC-14+
Claim of E>emption
(Wage 'arnishment)
FG-006
(inancial Statement
(Wage 'arnishment =
Enforcement of
Judgment)
FG-00C/7$-16+
Notice of (iling of Claim
of E>emption (Wage
'arnishment)
FG-00:
E>emptions (rom the
Enforcement of
Judgments
7$-1++. 'lso loo. at Current *ollar 'mounts of 79emptions (rom
7nforcement of $udgments2 a list of the current dollar amounts of the
e9emptions from enforcement of 4udgments.
Claim of E>emption
(Enforcement of
Judgment)
7$-160
5emorandum of
'arnishee (Attachment =
Enforcement of
Judgment)
7$-1+2
#iscellaneous
&e6uest for Court %rder and Ans#er
(Small Claims)
SC-10+
eclaration #C-0E0
Attached eclaration #C-0E1 <0his form must 1e attached to a court form
or paper.=
Attachment to Judicial Council (orm #C-02+ <0his form must 1e attached to a $udicial
Council form.=
(')s
Print +spa-ol
Small Claims - Frequently Asked Questions
./ "o# much #ill a process ser0er cost1
./ Can ) get the !efen!ant to pa( the cost of a process ser0er1
./ What out-of-pocket costs can ) get 'ack from the !e'tor an! ho# !o ) collect them1
./ ) am a lan!lor!2 Can ) sen! m( propert( agent to represent me at the trial1
./ "o# !o ) calculate the 34 percent interest that the cre!itor is entitle! to on the unpai! portion of the
5u!gment1
./ Can ) collect against the #ages of the !e'tor's spouse or !omestic partner if that person #as not a
!efen!ant in m( case1
./ What happens to m( securit( !eposit if the rental propert( is sol! #hile ) still li0e there1
./ What happens to the securit( !eposit if onl( 3 roommate is mo0ing out1
./ What !o ) !o if ) cannot fin! the !e'tor 6the person #ho o#es me mone(71
./ Can a contractor sue a homeo#ner1
./ What if m( license! contractor cannot pa(1
./ What can ) !o if the !e'tor is suppose! to pa( me in installments 'ut has stoppe! pa(ing 6or ne0er pai!71
./ What can ) !o if ) ha0e a court or!er that lets me pa( in installments an! the 5u!gment cre!itor has aske!
to cancel that pa(ment plan1
./ )f ) rene# m( 5u!gment #hat happens to the liens1
(')s
Print +spa-ol
Small Claims - Frequently Asked Questions
./ "o# much #ill a process ser0er cost1
./ Can ) get the !efen!ant to pa( the cost of a process ser0er1
./ What out-of-pocket costs can ) get 'ack from the !e'tor an! ho# !o ) collect them1
./ ) am a lan!lor!2 Can ) sen! m( propert( agent to represent me at the trial1
./ "o# !o ) calculate the 34 percent interest that the cre!itor is entitle! to on the unpai! portion of the
5u!gment1
./ Can ) collect against the #ages of the !e'tor's spouse or !omestic partner if that person #as not a
!efen!ant in m( case1
./ What happens to m( securit( !eposit if the rental propert( is sol! #hile ) still li0e there1
./ What happens to the securit( !eposit if onl( 3 roommate is mo0ing out1
./ What !o ) !o if ) cannot fin! the !e'tor 6the person #ho o#es me mone(71
./ Can a contractor sue a homeo#ner1
./ What if m( license! contractor cannot pa(1
./ What can ) !o if the !e'tor is suppose! to pa( me in installments 'ut has stoppe! pa(ing 6or ne0er pai!71
./ What can ) !o if ) ha0e a court or!er that lets me pa( in installments an! the 5u!gment cre!itor has aske!
to cancel that pa(ment plan1
./ )f ) rene# m( 5u!gment #hat happens to the liens1

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