What will happen when I get to court?
When the judge calls your name, go to the front of
the room. The judge may ask you to try to settle your
case before the hearing takes place. The plaintiff
will present their case first.
How long will my hearing last? Small
claims cases vary but usually only last 10 to15 minutes.
So be prepared to tell your story.
How can I get ready for court? Plan
what you are going to say. Decide what your main points
are and bring proof. Try to think of what the other
person might say and how you will answer. You can
also talk to a small claims legal advisor or a lawyer
before court.
How do I tell my story? Be quick and to the point,
and stay calm. It is your job to PROVE your case.
Here are some tips:
- The first thing you need to say is why you are
there.
- Tell the judge how you were affected by what
the other person did, and why it is their fault.
- Also explain why it is not your fault.
- Say what happened, in the order it happened.
- Group facts together. For example: "From
April to August, I took the car in 10 times and
he didn't fix the brakes."
What kind of proof should I bring?
Bring any papers that support your story. This is
called "evidence." Evidence can be:
- Contracts
- Estimates (bring at least 2)
- Bills
- Photographs
- Diagrams that show how an accident happened
- Police reports
If you need papers that someone else has, you can
fill out a subpoena form (form
SC-107) and request these documents.
Witnesses: Bring witnesses who saw
what happened or who are experts on that subject.
For example, a neighbor who saw the accident or a
mechanic who looked at your car.
Don't bring people unless you know they will support
you. Witnesses who are not friends or relatives may
be more effective in proving your case. But sometimes
the only witnesses are your friends and relatives.
They should testify and present themselves in a professional
manner and be objective and not emotional.
Things For The Plaintiff To Do After The
Hearing . If the other person owes you money,
try to get them to pay you. Once they've paid, file
a form called Acknowledgment of Satisfaction of Judgment
(form
EJ-100).
If you owe money, pay the court or the other person.
If you don't pay, you must mail a form (Judgment Debtor's
Statement of Assets (form
SC-133)) to the plaintiff within 30 days. After
you pay, make sure the other person files a form called
Acknowledgment of Satisfaction of Judgment (form
EJ-100). If the plaintiff doesn't file this form,
you may ask the court clerk to enter a "satisfaction
of judgment" if you can prove you paid the full
amount of the judgment with the interest and costs.
If, after you request in writing that the plaintiff
file the Acknowledgment of Satisfaction of Judgment
(form EJ-100), and he fails/refuses to comply within
14 days, you may sue the plaintiff for $50 plus any
actual damages incurred (Code
of Civil Procedure, section 116.850).
As the plaintiff, you can't appeal the judge's decision
on your claim. Only the person or business you sued
can appeal the decision.
You can appeal if the other person or business sued
you (called "countersuing") and you lost.
Click
here to learn how to appeal.
Click
here to get more information from the Department
of Consumer Affairs' Web site.
Things For The Defendant To Do After The
Hearing. If you didn't go to the hearing
for a good reason, you can ask the court to cancel
your judgment (called a "default judgment")
and get a new hearing. You'll need to file a form
called Notice of Motion to Vacate Judgment and Declaration
(Small Claims) (form
SC-135).
Click
here to learn more about canceling your default
judgment and getting a new hearing.
If you went to the hearing and lost, you may ask
for a new hearing. You'll need to file a Notice of
Appeal (Small Claims) (form SC-140).
Click
here to learn more about appealing your judgment.
If you owe money, pay the court or the other person.
If you don't pay, you must mail a form called Judgment
Debtor's Statement of Assets (Small Claims) (form
SC-133) to the plaintiff within 30 days. After
you pay, make sure the other person files a form called
Acknowledgment of Satisfaction of Judgment (form
EJ-100).If the plaintiff doesn't file this form,
you may ask the court clerk to enter a "satisfaction
of judgment" if you can prove you paid the full
amount of the judgment with the interest and costs.
If, after you request in writing that the plaintiff
file the Acknowledgment of Satisfaction of Judgment
(form
EJ-100), and he fails/refuses to comply within
14 days, you may sue the plaintiff for $50 plus any
actual damages incurred (Code
of Civil Procedure, section 116.850).
If the other person owes you money, try to get them
to pay you. Once they've paid, file a form called
Acknowledgment of Satisfaction of Judgment (form
EJ-100).
Can I appeal the judge's decision?
You can't appeal if you were the one who filed the
claim. If someone else files a claim against you and
you lose, you can appeal.
How do I file an appeal? If you
were at the hearing, you must file a form called "Notice
of Appeal." You have 30 days to do this after
the date the clerk mails the Notice of Entry of Judgment.
The current cost to file a Notice of Appeal is $93.
What happens if someone else appeals? You'll
have a new hearing. You'll have to bring your evidence
and tell your side of the story again. This time,
you can bring a lawyer to represent you.
