Small Claims Ventura Form PDF Details

Do you need help in pursuing a legal claim, but don't have the resources or budget for a lawyer? Are there disagreements between you and another party that are too small to bring into court? You may consider filing a small claim with the Ventura Superior Court. A small claims action is an inexpensive way to receive payment from someone who owes you money. In this blog post, we will discuss what forms are needed to file your small claims case in Ventura County, California. Read on to learn more about how these forms can help streamline your process of seeking reimbursement!

QuestionAnswer
Form NameSmall Claims Ventura Form
Form Length24 pages
Fillable?No
Fillable fields0
Avg. time to fill out6 min
Other namespuede, small claims court ventura county, ventura county small claims court forms, 2017 1 shareholder income

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VN139

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA

Hall of Justice

East County Courthouse

800 South Victoria Avenue

3855-F Alamo Street

Ventura, CA 93009

Simi Valley, CA 93063-2110

Michael D. Planet

Executive Officer/Clerk

And Jury Commissioner

Enclosed you will find the necessary forms for filing a small claims action. Please read the “Information For the Small Claims Plaintiff” thoroughly. Before completing the form, read the following instructions:

1.The filing fee must be mailed with the claim in the form of check or money order payable to the Ventura County Superior Court. If you are paying by check and filing numerous claims, you must write a separate check for every three claims filed. The filing fees are as follows:

$30.00 – If you are filing a claim for $1,500 or less;

$50.00 – If you are filing a claim for more than $1,500 but less than or equal to $5,000.

$75.00 – If you are filing a claim for more than $5,000 but less than or equal to $10,000 (a claim in this category can only be filed by a natural person);

$100.00 - If you have filed more than 12 claims in the preceding 12 calendar months.

2.The forms may be typed or legibly hand printed in dark blue or black ink.

3.The plaintiff must sign the “Plaintiff’s Claim and Order to Go to Small Claims Court” form. If there is more than one plaintiff, all plaintiffs must sign the form.

4.There is a $15.00 fee for each defendant to be served by certified mail, in addition to your filing fee if you choose this type of service. The clerk must mail the claim to the Defendant. Do not mail the claim yourself.

5.As per the attached “Information For the Small Claims Plaintiff”, you may have service made by Certified Mail, Marshall, Sheriff, Registered Process Server, or any person over the age of 18 and not named on the case. If you choose a Marshall or Sheriff, you should contact the office closest to where the defendant resides. Do not include Marshall or Sheriff fees with the filing fee. If you are suing a business and elect to have them served by certified mail, you should include the name of an agent authorized to receive legal documents for the business. Please refer to SC-104C “How to Serve a Business”. You must file the completed proof of service form (SC-104) a minimum of five (5) days before your trial or your case will not be heard.

6.Return the completed forms to the court. Along with the original form, you must submit enough copies for each plaintiff and defendant in the case. Be sure to include copies of all five pages of the claim form. The clerk will assign a case number and a hearing date and will return a copy of the claim(s) to you. If you do not include the $15.00 certified mail fee for each defendant, copies of the claim(s) will be returned to you for service on the defendant(s). The responsibility for service other than by certified mail is yours. Please refer to Number 5 above. Include a self-addressed stamped envelope with your claim.

VN139 (Rev. 07/13)

NAMING THE PARTY YOU ARE SUING

The party being sued is called the Defendant. Naming the defendant correctly is very important and can make a difference in your ability to collect if you win your case. You will only be able to collect from the party or parties whose name is exactly the same as the name that appears on your claim.

If you are suing an individual, write the person’s first name and last name.

EXAMPLE:

James Jones

 

2261 Willars St.

 

Los Angeles, Ca 90014

If you are suing a husband and wife, write the husband’s full name and the wife’s full name.

EXAMPLE:

James Jones

Sally Jones

 

2261 Willars Street

2261 Willars Street

 

Los Angeles, CA 90014

Los Angeles, CA 90014

If you don’t know the wife’s first name, you can write: Mr. James Jones and Mrs. James Jones, husband and wife.

If you are suing as a result of a vehicle accident, you must name both the driver and the registered owner of the car.

EXAMPLE:

James Jones (R/Owner)

 

2261 Willars St.

 

Los Angeles, Ca 90014

 

Bill Davis (Driver)

 

1010 Nupie St.

 

Los Angeles, Ca 90014

If the owner and the driver are the same person, you can write: James Jones, owner and driver.

NOTE: If you do not know the name of the registered owner, the Department of Motor Vehicles can assist you. Complete and file with the Department of Motor Vehicles. “INF 1129” or “INF 70”

If you are suing a partnership, name both the partnership and the partners as individuals as well.

EXAMPLE:

Smith and Jones, a partnership consisting of

 

Jim Smith and Jim Jones, individually

 

1010 Dandelion Rd.

 

Los Angeles, CA 90015

NOTE: If you win your case, you will be entitled to collect from either the partnership or the individual partner.

If you are suing a business owned by one person, write both the owner’s name and the business’s name. You should also name the owner as an individual to increase your chances of collecting if you win. Write the letters DBA which stands for “Doing Business As” between the name of the owner and the company name.

EXAMPLE:

Sue Smith, Individually and DBA

 

Continental Candies

 

2235 Foxworth Drive

 

Los Angeles, CA 90012

If you are suing a corporation, write the exact name of the corporation. You do not name an individual when suing a corporation. Just the corporation is named. If you wish the court to serve your defendant by certified mail, court staff will need the name of a corporate officer or agent for service.

(See Secretary of State Website http://kepler.ss.ca.gov/corpdata/index.html)

EXAMPLE:

Sally’s Dresses, A Corporation

 

202 Doghouse Rd.

Los Angeles, CA 90016

OR

Sally’s Dresses, Inc.

202 Doghouse Rd.

Los Angeles, CA 90016

If a corporation owns a division or a subsidiary, it should be designated as in the following.

EXAMPLE:

Lotus Corporation

 

DBA The Flower Company

 

2525 Biscuit Hill Blvd.

 

Los Angeles, CA 90042

Rev 10/12/04 jmc

G/COMM/ADMIN/SMALL CLAIMS/NAMING THE PARTY

INFORMATION FOR THE SMALL CLAIMS PLAINTIFF

SC-100-INFO

This information sheet is written for the person who sues in the small claims court. It explains some of the rules of and some general information about the small claims court. It may also be helpful for the person who is sued.

WHAT IS SMALL CLAIMS COURT?

Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court. Your claim cannot be for more than $5,000 if you are a business or public entity or for more than $10,000 if you are a natural person (including a sole proprietor). (See below for reference to exceptions.*) If you have a claim for more than this amount, you may sue in the civil division of the trial court or you may sue in the small claims court and give up your right to the amount over the limit. You cannot, however, file more than two cases in small claims court for more than $2,500 each during a calendar year.

WHO CAN FILE A CLAIM?

1.You must be at least 18 years old to file a claim. If you are not yet 18, tell the clerk. You may ask the court to appoint a guardian ad litem. This is a person who will act for you in the case. The guardian ad litem is usually a parent, a relative, or an adult friend.

2.A person who sues in small claims court must first make a demand, if possible. This means that you have asked the defendant to pay, and the defendant has refused. If your claim is for possession of property, you must ask the defendant to give you the property.

3.Unless you fall within two technical exceptions, you must be the original owner of the claim. This means that if the claim is assigned, the buyer cannot sue in the small claims court.

You must also appear at the small claims hearing yourself unless you filed the claim for a corporation or other entity that is not a natural person.

4.If a corporation files a claim, an employee, an officer, or a director must act on its behalf. If the claim is filed on behalf of an association or another entity that is not a natural person, a regularly employed person of the entity must act on its behalf. A person who appears on behalf of a corporation or another entity must not be employed or associated solely for the purpose of representing the corporation or other entity in the small claims court. You must file a declaration with the court to appear in any of these instances. (See Authorization to Appear, form SC-109.)

WHERE CAN YOU FILE YOUR CLAIM?

You must sue in the right court and location. This rule is called venue. Check the court's local rules if there is more than one court location in the county handling small claims cases. If you file your claim in the wrong court, the court will dismiss the claim unless all defendants personally appear at the hearing and agree that the claim may be heard. The right location may be any of these:

1.Where the defendant lives or where the business involved is located;

2.Where the damage or accident happened;

3.Where the contract was signed or carried out;

4.If the defendant is a corporation, where the contract was broken; or

5.For a retail installment account or sales contract or a motor vehicle finance sale:

a.Where the buyer lives;

b.Where the buyer lived when the contract was entered into;

c.Where the buyer signed the contract; or

d.Where the goods or vehicle are permanently kept.

SOME RULES ABOUT THE DEFENDANT (including government agencies)

1.You must sue using the defendant's exact legal name. If the defendant is a business or a corporation and you do not know the exact legal name, check with the state or local licensing agency, the county clerk's office, or the Office of the Secretary of State, Corporate Status Unit at www.ss.ca.gov/business. Ask the clerk for help if you do not know how to find this information. If you do not use the defendant's exact legal name, the court may be able to correct the name on your claim at the hearing or after the judgment.

2.If you want to sue a government agency, you must first file a claim with the agency before you can file a lawsuit in court. Strict time limits apply. If you are in a Department of Corrections or Youth Authority facility, you must prove that the agency denied your claim. Please attach a copy of the denial to your claim.

HOW DOES THE DEFENDANT FIND OUT ABOUT THE CLAIM?

You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules or your case may be dismissed or delayed. The correct way of telling the defendant about the lawsuit is called service of process. This means giving the defendant a copy of the claim. YOU CANNOT DO THIS YOURSELF. Here are four ways to serve the defendant:

1.Service by a law officer—You may ask the marshal or sheriff to serve the defendant. A fee will be charged.

2.Process server—You may ask anyone who is not a party in your case and who is at least 18 years old to serve the defendant. The person is called a process server and must personally give a copy of your claim to the defendant. The person must also sign a proof of service form showing when

the defendant was served. Registered process servers will do this for you for a fee. You may also ask a friend or relative to do it.

3.Certified mail—You may ask the clerk of the court to serve the defendant by certified mail. The clerk will charge a fee. You should check back with the court before the hearing to see if the receipt for certified mail was returned to the court.

Service by certified mail must be done by the clerk's office except in motor vehicle accident cases involving out-of-state defendants.

4.Substituted service—This method lets you serve another person instead of the defendant. You must follow the procedures carefully. You may also wish to use the marshal or sheriff or a registered process server.

* Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116.220(c).)

Page 1 of 2

 

 

 

 

 

Form Adopted for Mandatory Use

INFORMATION FOR THE PLAINTIFF

Code of Civil Procedure,

Judicial Council of California

§§ 116.110 et seq.,116.220(c), 116.340(g)

(Small Claims)

SC-100-INFO [Revised July 1, 2015]

www.courts.ca.gov

4.Substituted service (continued) A copy of your claim must be left at the defendant's business with the person in charge; OR at the defendant's home with a competent person who is at least 18 years old. The person who receives the claim must be told about its contents. Another copy must be mailed, first class postage prepaid, to the defendant at the address where the paper was left. The service is not complete until 10 days after the copy is mailed.

No matter which method of service you choose, the defendant must be served by a certain date or the trial will be postponed. If the defendant lives in the county, service must be completed at least 15 days before the trial date. This period is at least 20 days if the defendant lives outside the county.

The person who serves the defendant must sign a court paper showing when the defendant was served. This paper is called a Proof of Service (form SC-104). It must be signed and returned to the court clerk as soon as the defendant has been served.

WHAT IF THE DEFENDANT ALSO HAS A CLAIM?

Sometimes the person who was sued (the defendant) will also have a claim against the person who filed the lawsuit (the plaintiff). This claim is called the Defendant's Claim. The defendant may file this claim in the same lawsuit. This helps to resolve all of the disagreements between the parties at the same time.

If the defendant decides to file the claim in the small claims court, the claim may not be for more than $5,000 or $10,000 if the defendant is a natural person (see exceptions on page 1*). If the value of the claim is more than this amount, the defendant may either give up the amount over $5,000 or $10,000 and sue in the small claims court or file a motion to transfer the case to the appropriate court for the full value of the claim.

The defendant's claim must be served on the plaintiff at least five days before the trial. If the defendant received the plaintiff's claim 10 days or less before the trial, then the claim must be served at least one day before the trial. Both claims will be heard by the court at the same time.

WHAT HAPPENS AT THE TRIAL?

Be sure you are on time for the trial. The small claims trial is informal. You must bring with you all witnesses, books, receipts, and other papers or things to prove your case. You may ask the witnesses to come to court voluntarily. You may also ask the clerk to issue a subpoena. A subpoena is a court order that requires the witness to go to trial. The witness has a right to charge a fee for going to the trial. If you do not have the records or papers to prove your case, you may also get a court order before the trial date requiring the papers to be brought to the trial. This order is called a Small Claims Subpoena and Declaration (form SC-107).

If you settle the case before the trial, you must file a dismissal form with the clerk.

The court's decision is usually mailed to you after the trial. It may also be hand delivered to you when the trial is over and after the judge has made a decision. The decision appears on a form called the Notice of Entry of Judgment (form SC-130 or SC-200).

WHAT HAPPENS AFTER JUDGMENT?

The court may have ordered one party to pay money to the other party. The party who wins the case and collects the money is called the judgment creditor. The party who loses the case and owes the money is called the judgment debtor. Enforcement of the judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this period is over. Generally both parties may be represented by lawyers after judgment. More information about your rights after judgment is available on the back of the Notice of Entry of Judgment. The clerk may also have this information on a separate sheet.

HOW TO GET HELP WITH YOUR CASE

1.Lawyers—Both parties may ask a lawyer about the case, but a lawyer may not represent either party in court at the small claims trial. Generally, after judgment and on appeal, both parties may be represented by lawyers.

2.Interpreters—If you do not speak English well, bring an adult who is not a witness to interpret for you, or ask the court clerk for an interpreter at least five days before your court date. A court-provided interpreter may not be available or there may be a fee for using a court interpreter unless you qualify for a fee waiver. You may ask the court for a list of interpreters and also the Request to Waive Court Fees (form FW-001).

3.Waiver of fees—The court charges fees for some of its procedures. Fees are also charged for serving the defendant with the claim. The court may excuse you from paying these fees if you cannot afford them. Ask the clerk for the Information Sheet on Waiver of Superior Court Fees and Costs (form FW-001-INFO) to find out if you meet the requirements so that you do not have to pay the fees.

4.Night and Saturday court—If you cannot go to court during working hours, ask the clerk if the court has trials at night or on Saturdays.

5.Parties who are in jail—If you are in jail, the court may excuse you from going to the trial. Instead, you may ask another person who is not an attorney to go to the trial for you. You may mail written declarations to the court to support your case.

6.Accommodations—If you have a disability and need assistance, immediately ask the court to help accommodate your needs. If you are hearing impaired and need assistance, notify the court immediately.

7.Forms—You can get small claims forms and more information at the California Courts Self-Help Center website (www.courts. ca.gov/smallclaims), your county law library, or the courthouse nearest you.

8.Small claims advisors—The law requires each county to provide assistance in small claims cases free of charge. (Small claims advisor information):

SC-100-INFO [Revised July 1, 2015]

INFORMATION FOR THE PLAINTIFF

 

Page 2 of 2

(Small Claims)

(Clerk fills out section below.)

 

Plaintiff's Claim and ORDER

SC-100

to Go to Small Claims Court

 

 

 

Clerk stamps date here when form is filed.

Notice to the person being sued:

You are the Defendant if your name is listed in 2 on page 2 of this form.

The person suing you is the Plaintiff, listed in 1 on page 2.

You and the Plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case.

If you lose, the court can order that your wages, money, or property be taken to pay this claim.

Bring witnesses, receipts, and any evidence you need to prove your case.

Read this form and all pages attached to understand the claim against you

Fill in court name and street address:

and to protect your rights.

Aviso al Demandado:

Superior Court of California, County of

Usted es el Demandado si su nombre figura en 2 de la página 2 de este formulario. La persona que lo demanda es el Demandante, la que figura en 1 de la página 2.

Usted y el Demandante tienen que presentarse en la corte en la fecha del

Court fills in case number when form is filed.

 

juicio indicada a continuación. Si no se presenta, puede perder el caso.

Case Number:

Si pierde el caso la corte podría ordenar que le quiten de su sueldo, dinero u

otros bienes para pagar este reclamo.

Case Name:

Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso.

Lea este formulario y todas las páginas adjuntas para entender la demanda en su contra y para proteger sus derechos.

Order to Go to Court

The people in 1 and 2 must go to court:

Trial

Date

 

Time

 

Department

 

Name and address of court if different from above

 

1.

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

2.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

Clerk, by

 

 

, Deputy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Instructions for the person suing:

You are the Plaintiff. The person you are suing is the Defendant.

Before you fill out this form, read Form SC-100-INFO, Information for the Plaintiff, to know your rights. Get SC-100-INFO at any courthouse or county law library, or go to www.courts.ca.gov/smallclaims/forms.

Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make one copy for each party named in this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s office and pay the filing fee. The clerk will write the date of your trial in the box above.

You must have someone at least 18—not you or anyone else listed in this case—give each Defendant a court-stamped copy of all five pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or delivering, this form to public entities, associations, and some businesses. See Forms SC-104, SC-104B, and SC-104C.

Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.

Judicial Council of California, www.courts.ca.gov Revised July 1, 2015, Mandatory Form

Code of Civil Procedure, §§ 116.110 et seq., 116.220(c), 116.340(g)

Plaintiff's Claim and ORDER to Go to Small Claims Court

SC-100, Page 1 of 5

(Small Claims)

Plaintiff (list names):

Case Number:

1The Plaintiff (the person, business, or public entity that is suing) is:

Name:

 

 

 

Phone:

 

 

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

State

 

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

State

 

Zip

If more than one Plaintiff, list next Plaintiff here:

Name:

 

 

 

Phone:

 

 

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

State

 

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

State

 

Zip

Check here if more than two Plaintiffs and attach Form SC-100A.

Check here if either Plaintiff listed above is doing business under a fictitious name. If so, attach Form SC-103.

2The Defendant (the person, business, or public entity being sued) is:

Name:

 

 

 

Phone:

 

 

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

State

 

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

State

 

Zip

If more than one Defendant, list next Defendant here:

Name:

 

 

 

Phone:

 

 

 

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

 

State

 

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

 

 

State

 

Zip

Check here if more than two Defendants and attach Form SC-100A.

 

 

 

 

 

 

 

 

 

 

 

Check here if any Defendant is on active military duty, and write his or her name here:

 

 

 

 

 

3 The Plaintiff claims the Defendant owes $

 

 

 

 

. (Explain below):

 

 

 

 

a. Why does the Defendant owe the Plaintiff money?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When did this happen? (Date):

 

b. If no specific date, give the time period: Date started:

Through:

c.How did you calculate the money owed to you? (Do not include court costs or fees for service.)

Check here if you need more space. Attach one sheet of paper or Form MC-031 and write “SC-100, Item 3” at the top.

Revised July 1, 2015

Plaintiff’s Claim and ORDER to Go to Small Claims Court

 

SC-100, Page 2 of 5

(Small Claims)

Plaintiff (list names):

Case Number:

4You must ask the Defendant (in person, in writing, or by phone) to pay you before you

sue. Have you done this?

Yes

No

If no, explain why not:

 

 

 

 

 

 

 

 

5Why are you filing your claim at this courthouse?

This courthouse covers the area (check the one that applies):

a.

b.

c.

d.

e.

(1)

Where the Defendant lives or does business.

(4) Where a contract (written or spoken) was made,

(2)

Where the Plaintiff’s property was damaged.

signed, performed, or broken by the Defendant or

(3)

Where the Plaintiff was injured.

where the Defendant lived or did business when the

 

 

Defendant made the contract.

Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim, is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc., § 395(b).)

Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a retail installment contract (like a credit card). (Civ Code, § 1812.10.)

Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civ Code, § 2984.4.)

Other (specify):

6

List the zip code of the place checked in 5 above (if you know):

 

7

Is your claim about an attorney-client fee dispute?

Yes

No

If yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here:

8Are you suing a public entity? Yes No

If yes, you must file a written claim with the entity first. A claim was filed on (date):

If the public entity denies your claim or does not answer within the time allowed by law, you can file this form.

9Have you filed more than 12 other small claims within the last 12 months in California?

Yes

No

If yes, the filing fee for this case will be higher.

10I understand that by filing a claim in small claims court, I have no right to appeal this claim.

11I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in California during this calendar year.

I declare, under penalty of perjury under California State law, that the information above and on any attachments to this form is true and correct.

Date:

 

 

 

 

 

Plaintiff types or prints name here

 

Plaintiff signs here

Date:

 

 

 

 

 

Second Plaintiff types or prints name here

 

Second Plaintiff signs here

Requests for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the trial. Contact the clerk’s office for Form MC-410, Request for Accommodations by Persons With Disabilities and Response. (Civ. Code, § 54.8.)

Revised July 1, 2015

Plaintiff’s Claim and ORDER to Go to Small Claims Court

 

SC-100, Page 3 of 5

(Small Claims)

SC-100

Information for the Defendant (the person being sued)

 

 

 

 

"Small claims court" is a special court where claims for $5,000 or less are decided. A “natural person” (not a business or public entity) may generally claim up to $10,000, including a sole proprietor. (See below for exceptions.*) The process is quick and cheap. The rules are simple and informal. You are the Defendant—the person being sued. The person who is suing you is the Plaintiff.

Do I need a lawyer?

You may talk to a lawyer before or after the case. But you may not have a lawyer represent you in court (unless this is an appeal from a small claims case).

How do I get ready for court?

You don’t have to file any papers before your trial, unless you think this is the wrong court for your case. But bring to your trial any witnesses, receipts, and evidence that supports your case. And read “Be Prepared for Your Trial” at www.courts.ca.gov/smallclaims/prepare.

What if I need an accommodation?

If you have a disability or are hearing impaired, fill out Form MC-410, Request for Accommodations. Give the form to your court clerk or the ADA/Access Coordinator.

What if I don’t speak English well?

Bring an adult who is not a witness to interpret for you, or ask the court clerk for an interpreter at least five days before your court date. A court-provided interpreter may not be available or there may be a fee for using a court interpreter unless you qualify for a fee waiver. You may ask the court for a list of interpreters and also the Request to Waive Court Fees (form FW-001).

Where can I get the court forms I need?

Go to any courthouse or your county law library, or print forms at www.courts.ca.gov/smallclaims/forms.

What happens at the trial?

The judge will listen to both sides. The judge may make a decision at your trial or mail the decision to you later.

What if I lose the case?

If you lose, you can appeal. You’ll have to pay a fee. (Plaintiffs cannot appeal their own claims.)

If you were at the trial, file Form SC-140, Notice of Appeal. You must file within 30 days after the judge’s decision.

If you were not at the trial, fill out and file Form SC-135, Notice of Motion to Vacate Judgment and Declaration, to ask the judge to cancel the judgment (decision). If the judge does not give you a new trial, you have 10 days to appeal the decision. File Form SC-140.

For more information on appeals, see www.courts.ca.gov/ smallclaims/appeals.

Do I have options?

Yes. If you are being sued, you can:

Settle your case before the trial. If you and the Plaintiff agree on how to settle the case, both of you must notify the court. Ask the Small Claims Advisor for help.

Prove this is the wrong court. Send a letter to the court before your trial explaining why you think this is the wrong court. Ask the court to dismiss the claim. You must serve (give) a copy of your letter (by mail or in person) to all parties. (Your letter to the court must say you have done so.)

Go to the trial and try to win your case. Bring witnesses, receipts, and any evidence you need to prove your case. To make sure the witnesses go to the trial, fill out Form SC-107, and the clerk will subpoena (order) them to go.

Sue the person who is suing you. File Form SC-120, Defendant’s Claim. There are strict filing deadlines you must follow.

Agree with the Plaintiff's claim and pay the money. Or, if you can’t pay the money now, go to your trial and say you want to make payments.

Let the case "default." If you don’t settle and do not go to the trial (default), the judge may give the Plaintiff what he or she is asking for plus court costs. If this happens, the Plaintiff can legally take your money, wages,

and property to pay the judgment.

What if I need more time? You can change the trial date if:

You cannot go to court on the scheduled date (you will have to pay a fee to postpone the trial), or

You did not get served (receive this order to go to court) at least 15 days before the trial (or 20 days if you live outside the county), or

You need more time to get an interpreter. One postponement is allowed, and you will not have to pay a

fee to delay the trial.

Ask the Small Claims Clerk about the rules and fees for postponing a trial. Or fill out Form SC-150 (or write a letter) and mail it to the court and to all other people listed on your court papers before the deadline. Enclose a check for your court fees, unless a fee waiver was granted.

Need help?

?Your county’s Small Claims Advisor can help for free.

Or go to www.courts.ca.gov/smallclaims/advisor.

* Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc. § 116.220(c).)

Revised July 1, 2015

Plaintiff’s Claim and ORDER to Go to Small Claims Court

 

SC-100, Page 4 of 5

(Small Claims)

SC-100

Información para el demandado (la persona demandada)

 

 

 

 

La “Corte de reclamos menores” es una corte especial donde se deciden casos por $5,000 ó menos. Una "persona natural" (que no sea un negocio ni una entidad pública) puede reclamar hasta $10,000. Una persona natural(que no sea un negocio ni una entidad pública), que incluye un dueño único, generalmente puede reclamar hasta $10,000.

(Vea abajo para las excepciones.*) El proceso es rápido y barato. Las reglas son sencillas e informales. Usted es el Demandado—la persona que se está demandando. La persona que lo está demandando es el Demandante.

¿Necesito un abogado?

Puede hablar con un abogado antes o después del caso. Pero no puede tener a un abogado que lo represente ante la corte (a menos que se trate de una apelación de un caso de reclamos menores).

¿Cómo me preparo para ir a la corte?

No tiene que presentar ningunos papeles antes del juicio, a menos que piense que ésta es la corte equivocada para su caso. Pero lleve al juicio cualquier testigos, recibos y pruebas que apoyan su caso. Y lea “Esté preparado para su juicio” en www.courts.ca.gov/ reclamosmenores/preparese.

¿Qué hago si necesito una adaptación?

Si tiene una discapacidad o tiene impedimentos de audición, llene el formulario MC-410, Request for Accomodations. Entregue el formulario al secretario de la corte o al Coordinador de Acceso/ ADA de su corte.

¿Qué pasa si no hablo inglés bien?

Traiga a un adulto que no sea testigo para que le sirva de intérprete. O pida al secretario de la corte que le asigne uno. Si quiere que la corte le asigne un intérprete, lo tiene que pedir como minimo menos cinco dias antes de la fecha en que tenga que ir a la corte. Es posible que no haya disponible un intérprete proporcionado por la corte o que tenga que pagar una cuota por emplear un intérprete de la corte, a menos que tenga una exención de cuotas. Puede pedir a la corte una lista de intérpretes y la Solicitud de exención de cuotas de la corte (formulario FW-001S).

¿Dónde puedo obtener los formularios de la corte que necesito? Vaya a cualquier edificio de la corte, la biblioteca legal de su condado, o imprima los formularios en www.courts.ca.gov/ smallclaims/forms (página está en inglés).

¿Qué pasa en el juicio?

El juez escuchará a ambas partes. El juez puede tomar su decisión durante la audiencia o enviársela por correo después.

¿Qué pasa si pierdo el caso?

Si pierde, puede apelar. Tendrá que pagar una cuota. (El Demandante no puede apelar su propio reclamo.)

Si estuvo presente en el juicio, llene el formulario SC-140, Aviso de apelación. Tiene que presentarlo dentro de 30 días depués de la decisión del juez.

Si no estuvo en el juicio, llene y presente el formulario SC-135, Aviso de petición para anular el fallo y Declaración para pedirle al juez que anule el fallo (decisión). Si la corte no le otorga un nuevo juicio, tiene 10 días para apelar la decisión. Presente el formulario SC-140.

Para obtener más información sobre las apelaciones, vea www. courts.ca.gov/reclamosmenores/apelaciones.

¿Tengo otras opciones? Sí. Si lo están demandando, puede:

Resolver su caso antes del juicio. Si usted y el Demandante se ponen de acuerdo en resolver el caso, ambos tienen que notificar a la corte. Pídale al Asesor de Reclamos Menores que lo ayude.

Probar que es la corte equivocada. Envíe una carta a la corte antes del juicio explicando por qué cree que es la corte equivocada. Pídale a la corte que despida el reclamo.Tiene que entregar (dar) una copia de su carta (por correo o en persona) a todas las partes. (Su carta a la corte tiene que decir que hizo la entrega.)

Ir al juicio y tratar de ganar el caso. Lleve testigos, recibos y cualquier prueba que necesite para probar su caso. Para asegurarse que los testigos vayan al juicio, llene el formulario SC-107, y el secretario emitirá una orden de comparecencia ordenándoles que se presenten.

Demandar a la persona que lo demandó. Presente el formulario SC-120, Reclamo del demandado. Hay fechas límite estrictas que debe seguir.

Aceptar el reclamo del Demandante y pagar el dinero. O, si no puede pagar en ese momento, vaya al juicio y diga que quiere hacer los pagos.

No ir al juicio y aceptar el fallo por falta de comparecencia. Si no llega a un acuerdo con el Demandante y no va al juicio (fallo por falta de comparecencia), el juez le puede otorgar al Demandante lo que está reclamando más los costos de la corte. En ese caso, el Demandante legalmente puede tomar su dinero, su sueldo o sus bienes para cobrar el fallo.

¿Qué hago si necesito más tiempo? Puede cambiar la fecha del juicio si:

No puede ir a la corte en la fecha programada (tendrá que pagar una cuota para aplazar el juicio), o

No le entregaron los documentos legalmente (no recibió la orden para ir a la corte) por lo menos 15 días antes del juicio (ó 20 días si vive fuera del condado), o

Necesita más tiempo para conseguir intérprete. (Se permite un solo aplazamiento sin tener que pagar cuota para aplazar el juicio).

Pregúntele al secretario de reclamos menores sobre las reglas y las cuotas para aplazar un juicio. O llene el formulario SC-150 (o escriba una carta) y envíelo antes del plazo a la corte y a todas las otras personas que figuran en sus papeles de la corte. Adjunte un cheque para pagar los costos de la corte, a menos que le hayan dado una exención.

?¿Necesita ayuda? El Asesor de Reclamos Menores de su condado le puede ayudar sin cargo.

O vea Información por condado en www.courts.ca.gov/ reclamosmenores/asesores.

*Excepciones: Existen diferentes límites en un reclamo contra un garante. (Vea el Código de Procedimiento Civil, sección 116.220 (c).)

Revised July 1, 2015

Reclamo del Demandante y ORDEN

Para Ir a la Corte de Reclamos Menores

SC-100, Page 5 of 5

(Reclamos Menores)

(Attachment to Plaintiff's Claim and ORDER to Go to Small Claims Court)

SC-100A Other Plaintiffs or Defendants

Case Number:

This form is attached to Form SC-100, item 1 or 2.

1If more than 2 plaintiffs (person, business, or entity suing), list their information below:

Other plaintiff’s name:

Street address:

 

 

 

 

 

 

 

Phone: (

 

)

 

City:

 

State:

 

Zip:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

City:

 

 

State:

 

Zip:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Is this plaintiff doing business under a fictitious name?

Yes

No If yes, attach Form SC-103.

Other plaintiff’s name:

 

 

 

 

 

 

 

 

 

 

 

Street address:

 

 

 

 

 

 

 

Phone: (

)

 

City:

 

 

State:

 

 

Zip:

 

 

 

 

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

City:

 

State:

 

 

Zip:

 

 

 

 

Is this plaintiff doing business under a fictitious name?

Yes

No If yes, attach Form SC-103.

Check here if more than 4 plaintiffs and fill out and attach another Form SC-100A.

 

 

 

2If more than 2 defendants (person, business, or entity being sued), list their information below:

Other defendant’s name:

 

 

 

 

 

 

 

 

 

 

 

 

Street address:

 

 

 

 

 

Phone: (

 

)

 

City:

 

State:

 

Zip:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mailing address (if different):

 

 

 

 

 

 

 

 

City:

 

 

State:

 

Zip:

 

 

 

 

Other defendant’s name:

 

 

 

 

 

 

 

 

 

Street address:

 

 

 

 

 

Phone: (

)

 

City:

 

 

State:

 

Zip:

 

 

 

 

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

City:

 

State:

 

Zip:

 

 

 

 

Check here if more than 4 defendants and fill out and attach another Form SC-100A.

3I understand that by filing a claim in small claims court, I have no right to appeal this claim.

4I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in California during this calendar year.

I declare under penalty of perjury under California state law that the information above and on any attachments to this form is true and correct.

Date:

 

 

 

 

 

 

 

Type or print your name

Sign your name

Date:

 

 

 

 

 

 

 

Type or print your name

Sign your name

Judicial Council of California, www.courtinfo.ca.gov Revised January 1, 2007, Mandatory Form Code of Civil Procedure, § 116.110 et seq.

Other Plaintiffs or Defendants

SC-100A, Page __ of __

American LegalNet, Inc.

www.FormsWORKFLOW.com

SC-103

Fictitious Business Name

 

Case Number:

This form is attached to:

Form SC-100 OR

Form SC-120

1If you want to file a small claim and you are doing business under a fictitious name (“doing business as,” or “dba”) give the following information. (Nonprofits and exempt real estate investment trusts do not have to file this form.)

Business name of the person suing:

Business address (not a U.S. Postal Service P.O. Box): Mailing address (if different):

2 The business listed in 1

does business as (check ONLY one):

 

 

an individual

 

 

a corporation

 

 

 

 

 

 

an association

 

 

a limited liability company

 

 

 

 

 

 

a partnership

 

 

other (specify):

 

 

 

 

 

You must follow the laws for fictitious business names. If you have not followed these laws, including filing a fictitious business name statement in your county and publishing this information in a local newspaper, the court can dismiss your case.

3Name of county where you filed your Fictitious Business Name Statement (dba):

4Your Fictitious Business Name Statement number:

5Date your Fictitious Business Name Statement expires:

6I declare, under penalty of perjury under California State law, that the information above is true and correct.

Only the owner, president, chief executive officer (CEO), or other qualified officer can sign this form.

Date:

Type or print your name and title

Sign your name

? Need help?

Your county’s Small Claims Advisor can help for free.

Or go to “County-Specific Court Information” at:

www.courtinfo.ca.gov/selfhelp/smallclaims

Judicial Council of California, www.courtinfo.ca.gov Revised January 1, 2006, Optional Form

Code of Civil Procedure, § 116.430;

Business and Professions Code, § 17900 et seq.

Fictitious Business Name

SC-103, Page 1 of 1

(Small Claims)

SC-104B What Is “Proof of Service”?

What is “service”?

“Service” or “serving” is when someone—not you or anyone else listed in this case—gives a copy of your court papers to the person, business, or public entity you are suing. Service lets the other party know:

What you are asking for

When and where the trial will be and

What the party can choose to do

There are strict rules for serving court papers. This form explains how to serve these forms:

Form SC-100, Plaintiff’s Claim

Form SC-120, Defendant’s Claim

How is service done?

This form tells you how to serve by personal service or substituted service.

Personal service means someone gives the papers directly to the person being sued or to the agent authorized to accept service (business or public entity).

Substituted service means someone gives the papers to an adult where the person lives, works, or receives mail (including a private post office box, but not a U.S. Postal Service P.O. Box).

What if the court papers do not get served?

The judge cannot hear your case unless the court papers were served correctly.

Can the court serve the papers for me?

Yes. You can pay the court to mail your claim to the person you are suing. But if the person you are suing or the person’s agent for service doesn’t sign the U.S. Postal Service mail receipt with his or her complete name, or if someone else signs the receipt, you will have to serve again using personal or substituted service.

Who can serve?

You can ask a friend, a process server, or the Sheriff. The server must be at least 18 and not listed in the case.

A “process server” is someone you pay to deliver court forms. Look in the Yellow Pages under “Process Serving.” The Sheriff (or Marshal if your county has one) can also deliver court forms. Ask the court clerk how to contact the Sheriff. Or look in the county section of your phone book under “Sheriff.” You must pay the server, unless you qualify for a fee waiver.

How is personal service done?

Ask someone who is at least 18 and not listed in this case to personally “serve” (give) a copy of your court papers to the person or the agent authorized to accept court papers for the person, business, or public entity listed on Form SC-104.

Give the server a separate Proof of Service form for each person, business, or public entity you are suing. And tell the server to:

Walk up to the person to be served.

Say, “These are court papers.”

Give the person copies of all papers checked on Form SC-104, Proof of Service. If the person won’t take the papers, just leave them near the person.

It doesn’t matter if the person tears them up.

Fill out and sign page 2 of Form SC-104, Proof of Service.

How is substituted service done?

If you don’t want to use personal service or can’t find the person to be served, ask someone who is at least 18 and not listed in this case to serve the court papers.

Give the server a separate Proof of Service form for each person, business, or public entity you are suing. Tell the server to give the papers to:

A competent adult (at least 18) at the home of and living with the person to be served or

An adult who seems to be in charge where the person to be served usually works or

An adult who seems to be in charge where the person receives mail (including a private mailbox, but not a U.S. Postal Service P.O. Box). Note: This is only for cases where the physical address of the person to be served is not known.

Then do the following:

Write down that person’s name and say, “Please give these court papers to [name of person to be served].” If the person does not want to give his or her name, describe the person you served.

Give that person copies of all papers checked on Form SC-104, Proof of Service. If the person won’t take the papers, just leave them near the person.

Mail another copy of the papers (by first-class mail) to the person being sued at the same address where you left the papers.

Fill out and sign page 2 of Form SC-104, Proof of Service.

Judicial Council of California, www.courts.ca.gov Rev. January 1, 2011

What Is “Proof of Service”?

SC-104B, Page 1 of 2

(Small Claims)

SC-104B What Is “Proof of Service”?

What does the server do with the original Proof of Service form?

If a process server or Sheriff served the papers, he or she can file Form SC-104, Proof of Service, with the clerk. If the server used a different Proof of Service form, ask him or her to list each paper served on the form. Also make sure that the registered server will file the original directly with the court and will mail you a copy of the filed form. Take it with you when you go to court.

If a friend served the papers, tell him or her to give the completed form back to you. Keep a copy for your records and take the copy with you when you go to court.

You need to file the original completed Proof of Service form 5 days before your trial.

When do the court forms have to be served?

If you are serving Form SC-100, Plaintiff’s Claim, look at the trial date on page 1. Then, look at a calendar.

For personal service, subtract 15 days from the trial date (or 20 days if the person, business, or public entity is located outside the county). That’s the deadline for serving your small claims forms. But you can serve the forms before the deadline.

The people in and

 

 

must go to

co

1

2

 

 

 

 

 

 

 

 

 

Trial

Date

 

 

Time

Date

1.

 

 

 

 

 

 

 

 

 

 

 

 

For substituted service, subtract 25 days from the date the server mailed a copy of the court papers served (or 30 days if the person, business, or public entity is located outside the county). That’s the deadline for serving your small claims forms. But you can serve the forms before the deadline.

If the person, business, or public entity to be served is outside California or if you are serving a different form, ask the Small Claims Advisor for more information.

If you are serving Form SC-120, Defendant’s Claim, look at the trial date on page 1. Then look at a calendar.

For personal or substituted service, subtract 5 days from the trial date. That’s the deadline for serving your small claims forms if you were served at least

11 days before the trial. If you were served 10 days or less before the trial date, you must serve at least 1 day before the trial. But you can serve the forms before the deadline.

What if I can’t get the court papers served before the trial?

If you were not able to serve your claim (Form SC-100 or SC-120) before the deadline for service, talk to your Small Claims Clerk. Each county has its own rules.

If you already served your claim on some parties but not everyone you are suing, you may need to fill out and file Form SC-150, Request to Postpone Trial, at least 10 days before the trial date (or explain why you couldn't meet the 10-day deadline). Then give or mail a copy of this form to all other Plaintiffs and Defendants listed on your court papers.

The court may postpone your trial for 15 days or more.

Who do I have to serve?

If you are suing a person (or people)—not a business or public entity—serve each person you are suing. For example, if you were in a car accident and you are suing the owner and the driver of the car, you must list the names of the owner and the driver on your claim and serve both people.

Examples:

If the owner and driver are the same person: Lee Smith, owner and driver

If the owner and driver are not the same person: Lee Smith, owner and driver

Bob Smith, owner

If you are suing a business, an association, or a public entity, read Form SC-104C, How to Serve a Business.

?Need help?

Your county’s Small Claims Advisor can help for free.

Or go to “County-Specific Court Information” at: www.courtinfo.ca.gov/selfhelp/smallclaims

What Is “Proof of Service”?

Rev. January 1, 2011

(Small Claims)

SC-104B, Page 2 of 2

 

 

SC-104 Proof of Service

Use this form to serve a person, a business, or a public entity. To learn more about proof of service, read What Is "Proof of Service"?, Form SC-104B. To learn more about how to serve a business or entity, read How to Serve a Business or Public Entity, Form SC-104C.

To serve a business, you must serve one of the following people:

Owner (for a sole proprietorship)

Partner (for a partnership) or general partner (for a limited partnership)

Any officer or general manager (corporation or association)

Any person authorized for service by the business (corporation, association, general partnership, limited partnership)

Any person authorized for service with the Secretary of State (corporation, association, limited liability company [LLC], limited liability partnership [LLP], limited partnership)

To serve a public entity, you must first file a claim with that entity, then serve one of the following people:

• Clerk (of a city or county)

• Chief officer or director (of a public agency)

• Any person authorized for service by the entity

1

a. If you are serving a person, write the person’s name below:

 

b.If you are serving a business or entity, write the name of the business or entity, the person authorized for service, and that person’s job title:

Business or Agency Name

Person Authorized for Service

Job Title

2Instructions to Server:

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Fill in case number, case name, hearing date, day, time, and department below:

Case Number:

Case Name:

Hearing Date:

 

Time:

Dept.:

You must be at least 18 years old and not be named in this case. Follow these steps:

• Give a copy of all the documents checked in 3 to the person in 1 , or

• Give a copy of all the documents checked in 3 to one of the following people:

a.A competent adult (at least 18) living with, and at the home of the person in 1 , or

b.An adult (at least 18) who seems to be in charge at the usual workplace of the person in 1 , or

c.An adult (at least 18) who seems to be in charge where the person in 1 usually receives mail (but not a U.S. Post Office box), if there is no known physical address for the person in 1 .

and mail a copy of the documents left with one of the adults in a, b, or c above to the person in 1 .

THEN

Complete and sign this form, and

Give or mail your completed form to the person who asked you to serve these court papers, in time for the form to be filed with the court at least 5 days before the hearing.

3I served the person in 1 a copy of the documents checked below:

a. SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court

b. SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court

c.

Order for examination (This form must be personally served. Check the form that was served):

 

Note: The court can issue a civil arrest warrant if the served party does not come to court only if the order for

 

examination was personally served by a registered process server, sheriff, marshal, or someone appointed by the court.

(1) SC-134, Application and Order to Produce Statement of Assets and to Appear for Examination

(2) AT-138/EJ-125, Application and Order for Appearance and Examination d. Other (specify):

Judicial Council of California, www.courtinfo.ca.gov

Proof of Service

SC-104, Page 1 of 2

 

 

 

Revised January 1, 2009, Optional Form

(Small Claims)

 

 

Code of Civil Procedure, §§ 116.340, 415.10, 415.20

 

 

 

American LegalNet, Inc.

 

 

 

 

 

 

www.FormsWORKFLOW.com

 

 

 

 

Case Number:

Case name:

4Fill out “a” or “b” below:

a.

b.

Personal Service: I personally gave copies of the documents checked in 3

to the person in 1 :

On (date):

 

 

At (time):

a.m.

p.m.

 

 

 

 

 

At this address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

State:

 

 

 

 

Zip:

 

 

 

 

 

 

 

 

 

 

 

 

 

Substituted Service: I personally gave copies of the documents checked in

3 (a, b, or d) to (check one):

 

 

A competent adult (at least 18) at the home of, and living with the person in 1 , or

 

 

 

 

An adult who seems to be in charge where the person in 1

usually works, or

 

 

An adult who seems to be in charge where the person in 1 usually receives mail, or has a private post office box (not a U.S. Post Office box), if there is no known physical address for the person in 1 .

I told that adult, "Please give these court papers to (name of person in 1 )."

 

 

 

 

 

 

I did this on (date):

 

 

 

At (time):

 

 

 

a.m.

p.m.

 

At this address:

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

State:

 

 

Zip:

 

 

 

Name or description of the person I gave the papers to:

 

 

 

 

 

 

 

 

 

 

After serving the court papers, I put copies of the documents listed in 3 in an envelope, sealed the envelope, and put first-class prepaid postage on it. I addressed the envelope to the person in 1 at the address where I

left the copies.

 

 

 

 

I mailed the envelope on (date):

from (city, state):

by leaving it (check one):

 

 

 

 

 

a.

 

At a U.S. Postal Service mail drop, or

 

 

 

 

b.

 

At an office or business mail drop where I know the mail is picked up every day and deposited with the

 

 

U.S. Postal Service, or

 

 

 

 

c.

 

With someone else I asked to mail the documents to the person in 1 , and I have attached that person’s

 

 

 

completed Form SC-104A.

 

 

 

 

5 Server’s Information

Name:

 

 

 

Phone:

 

 

 

 

Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

State:

 

Zip:

Fee for service: $

 

 

 

 

 

 

 

 

 

 

If you are a registered process server:

 

 

 

 

 

 

 

 

County of registration:

 

 

Registration number:

 

 

 

 

 

 

 

 

 

 

 

6I declare under penalty of perjury under California state law that I am at least 18 years old and not named in this case and that the information above is true and correct.

Date:

Type or print server’s name

Server signs here after serving

Revised January 1, 2009

Proof of Service

 

SC-104, Page 2 of 2

(Small Claims)

SC-104A Proof of Mailing (Substituted Service)

Case Number:

This form is attached to Form SC-104. Use this form ONLY if you mailed the documents in 1 and someone else personally gave them to the person, business, or public entity served.

Notice to Server

You must:

Be at least 18 and not listed in this lawsuit.

Fill out 1 6 of this form and attach it to Form SC-104.

1Documents served by mail:

a. SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court

b. SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court c. Other (specify):

2Name and address of the person, business, or public entity served:

a.If you served a person, write the person’s name and address below: Name:

Address:

Street

City

State

Zip

b.If you served a business or public entity, write the name and address of the business or public entity, the person authorized for service, and that person’s job title:

Business or Public Entity NamePerson Authorized for ServiceJob Title

Address:

 

Street

City

State

Zip

3

I put copies of the documents listed in 1

above in an envelope, sealed the envelope, and put first-class prepaid

postage on it. I addressed the envelope to the person, business, or public entity listed in 2 and mailed the envelope by leaving it at (check one):

a. A U.S. Postal Service mail drop or

b. An office or business mail drop where I know the mail is picked up every day and deposited with the U.S. Postal Service.

4I mailed the envelope:

a. On (date):

 

b. From (city, state):

 

5My address is:

6I declare, under penalty of perjury under California State law, that the information above is true and correct.

Date:

Type or print server’s name

Server signs here after mailing

Judicial Council of California, www.courtinfo.ca.gov Revised January 1, 2006, Optional Form

Code of Civil Procedure, §§ 116.340, 415.20

Proof of Mailing (Substituted Service)

SC-104A, Page 1 of 1

 

(Small Claims)

 

 

 

 

 

 

 

 

 

 

 

To serve a public entity, see page 2.

 

 

 

 

 

 

 

 

 

 

 

SC-104C

 

How to Serve a Business or Public Entity (Small Claims)

 

 

 

 

 

 

 

 

 

 

 

 

You must serve the right person and write the exact name of the business and the person to be served.

 

 

 

Use this form to make sure you serve correctly, and follow the instructions on Proof of Service, Form SC-104.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business Type:

 

 

Sole

 

Partnership

 

Landlord

 

Corporation,

Limited Liability Company (LLC),

 

Unknown

 

 

 

 

 

 

 

 

 

 

Proprietorship

 

 

 

 

 

Association

Limited Liability Partnership (LLP),

 

Business Type

 

 

(Only 1 owner)

 

 

 

 

 

 

 

Limited Partnership (LP)

 

 

 

 

 

 

 

 

 

 

 

 

Serve:

The owner

If you are suing a

The property

Agent for service listed

 

Agent for service listed with

Someone who

 

 

 

 

 

partnership, serve

owner or manager

with Secretary of State or

 

Secretary of State

seems to be in

 

 

 

 

 

one of the partners.

(Read Civil Code

any corporate officer

 

 

charge of the

 

 

 

 

 

 

 

sections

(president, vice-

 

To serve a limited

business during

 

 

 

 

 

If you are suing a

1962–1962.7.)

president, secretary,

 

partnership, you can also

normal business

 

 

 

 

 

partnership and

 

 

treasurer), chief executive

 

serve the general partner.

hours

 

 

 

 

 

the partners, serve

 

 

officer (CEO), controller,

 

 

 

 

 

 

 

 

 

each partner.

 

 

chief financial officer, or

 

 

 

 

 

 

 

 

 

 

 

 

 

general manager

 

 

 

 

 

 

 

 

 

 

 

 

 

Write on your

• Business

• Partnership name

• Business name

• Corporation name

• Company or partnership name

• Business name,

 

Proof of

name

Name of partner,

(if there is one)

Name of corporate

Name of agent or partner for

form unknown

 

Service form:

Owner's

general manager,

Owner's name

officer or agent for

service and job title

Owner's name

 

 

name and

or agent for

and job title

service and job

 

 

and job title

 

 

job title

service and job

 

 

title

 

 

(if you know it)

 

 

 

 

 

title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County Tax

 

 

 

 

Check that you

County Clerk–Recorder's or

Search under Corporation, LP and LLC at the California

Try the other

 

have the exact

County Tax Assessor's Office

Collector

Secretary of State Web site: www.ss.ca.gov/business

resources listed

 

names of the

(Ask to see the fictitious business

 

 

Or call: 1-916-657-5448

 

 

on this page to

 

owner and

name statement.) Your county's

 

 

 

 

see if they know

 

 

 

 

 

 

OR

 

business with:

Web site may have this

 

 

 

 

 

more about the

 

 

 

County Clerk–Recorder's Office: (Ask to see the fictitious

 

 

 

information.

 

 

 

 

business's

 

 

 

 

 

 

 

business name statement.) Your county's Web site may

 

 

 

Check: www.csac.counties.org.

 

 

organization type,

 

 

 

 

 

have this information.

 

 

 

 

 

 

 

 

 

 

 

 

 

like corporation

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

City Clerk's Office (Ask to see the

 

 

 

 

or sole

 

 

 

 

City Clerk's Office: (Ask to see the business license.) Your

 

 

 

business license.) Your city's Web

 

 

proprietorship.

 

 

 

 

 

city's Web site may have this information.

 

 

 

site may have this information.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Need help?

For free help, contact your county’s Small Claims Advisor:

[space for local info here]

Or, go to "County-Specific Court Information" at: www.courtinfo.ca.gov/selfhelp/smallclaims

Judicial Council of California, www.courtinfo.ca.gov Revised July 1, 2007

How to Serve a Business or Public Entity

SC-104C, Page 1 of 2

(Small Claims)

 

 

 

 

To serve a business, see page 1.

 

 

 

 

SC-104C

How to Serve a Business or Public Entity (Small Claims)

 

 

 

 

 

You must serve the right person and write the exact name of the public agency and the person to be served.

 

Use this form to make sure you serve correctly, and follow the instructions on Proof of Service, Form SC-104.

 

 

 

 

 

 

 

 

 

City, County, or Public Entity

 

State of California,

Federal Agency

 

 

 

 

State Agency

 

 

 

 

 

Serve:

City or county clerk, chief officer or director

Use this general address for service:

You cannot sue a federal

 

of public agency, or agent authorized to

 

Office of the Attorney General

agency in small claims court.

 

accept service

 

1300 I Street

 

 

 

 

 

Sacramento, CA 95814

 

 

 

 

Exception: if your claim involves California Department of

 

 

 

 

Transportation (Caltrans), serve it at:

 

 

 

 

 

California Department of Transportation

 

 

 

 

 

1120 N Street

 

 

 

 

 

Sacramento, CA 95814

 

 

 

 

 

 

Important!

Note:

 

 

Before you sue, you must first file a claim

Before you sue, you must first file a claim with the state

 

 

with the public entity. Contact it and ask for

or the state agency. To file a claim, see:

 

 

the claim procedures.

www.boc.ca.gov/govclms.htm

 

 

 

 

Or call: 1-800-955-0045

 

 

 

 

 

 

 

Write on your

Name of city, county, or public entity

Name of the agency you are suing

 

Proof of Service

Name of city clerk, county clerk, chief

Name of agent for service

 

form:

officer, or agent for service and job title

 

 

 

 

 

 

 

Check that you

Call the city or county clerk. See the

Call the agency to confirm the name and address for

 

have the exact

government pages of your phone book.

service. Use the State Directory:

 

names of the

 

 

 

1-800-807-6755

 

agency and agent

Or search under the California Roster at the

Or search: www.cold.ca.gov under "agency information"

 

for service with:

California Secretary of State Web site:

 

 

 

 

www.ss.ca.gov/executive

 

 

 

Need help?

For free help, contact your county’s Small Claims Advisor:

[space for local info here]

Or, go to "County-Specific Court Information" at: www.courtinfo.ca.gov/selfhelp/smallclaims

Revised July 1, 2007

How to Serve a Business or Public Entity

SC-104C, Page 2 of 2

 

 

(Small Claims)

How to Edit Small Claims Ventura Form Online for Free

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