Alameda County Superior Court
Small Claims Court Self Help
Things to Consider Before You (the Plaintiff) File a Claim
This section tells
you, the plaintiff, about:
- Do you have
a good case?
- Did you ask
for the money?
- Did you
lose money?
- Do you have
proof?
- Is the law
on your side?
- Did you
file your claim in time?
- Can you
collect the Judgment?
- How can you
find out the name and address of the person or business you want to sue?
- Resources
- Do you have a good case?
Can you present a good case in court? Do you have things to support you claim like:
- Pictures,
- Photographs,
- Receipts, or
- A witness
- Did you ask for the
money?
Before you can sue in small claims court, have to ask the defendant for whatever you want the judge to award you in court.
A plaintiff is not required to make a formal demand by the small claims statute, but it is highly recommended.
Lawyers say you have to make a "demand" on the other person, if possible. You can ask them in writing or by phone, but it's a good idea to do both. Keep copies of any letters or other communication in writing. It's smart to send letters by mail and ask the post office for a return receipt. Keep the receipt as evidence.
- Did you lose money?
Think carefully about how much money to ask for. This is called damages. You have to prove to the judge that you deserve the money you ask for. You can only get a judgment for what you can prove. Prove your claim by using: - Contracts in writing,
- Warranties,
- Receipts,
- Canceled checks,
- Letters,
- Professional estimates
of damage,
- Photos,
- Drawings,
- Your statements, and
- Your witness’ testimony.
Small
claims courts have a limit, called a “jurisdictional limit”, on how much
money you can ask for. Your case cannot be worth more than $5,000. You cannot
divide a claim into 2 or more claims (called claim splitting) just to avoid the limit.
You cannot file more than 2 small claims court actions for more than $2,500 anywhere in
If your claim is worth more than the limit, file your case in civil court.
You can represent yourself or hire a lawyer in civil court. Or, lower the
amount you ask for and give up (or waive)
the rest. That way you can keep your claim in small claims court.
Talk to a small claims advisor or a lawyer before you lower the amount you
ask for. After the small claims court decides your case, you lose the
right to the money you gave up.
- Do you have proof?
Ask for the amount of money you can prove. You can only get a judgment for the amount you can prove, even if the defendant doesn’t show up.
If the case is against a guarantor, the limit is $4,000. A guarantor is someone who takes responsibility for what someone else did or didn’t do. For example, an insurance company that issued a bond for a car dealer or building contractor.
- Is the law on your side?
The small claims judge will follow the law. The judge interprets the law and tries to be reasonable and fair to both sides. If the law isn’t on your side, but you think that justice is on your side, it might be better to go to mediation.
- Did you file your claim
in time?
There is a set time limit to file most claims. This is called a statute of limitations. If you don’t file the claim on time, the judge may dismiss your claim.
Exception: If the statute of limitations was suspended or the time limit extended, the case won’t be dismissed.
Here
are some examples of statutes of limitations (Code of Civil Procedure CPP 335-349.4):
|
Personal
Injury |
2 years
from the day you were injured. If you don’t discover the injury right away,
2 years from the day you discover it. A minor
has 2 years from their 18th birthday to file a case. |
|
Oral
Contract |
2
years from the day the contract is broken. |
|
Written
Contract |
4
years from the day the contract is broken. |
|
Government
Entity |
Before
you can sue a government agency, you have to file a written claim with the
agency. |
The
rules for statutes of limitations are complicated. Your case may be an
exception. For example, if the defendant lived out of state or was in prison
for a while, you may have more time to file your claim.
For more help, call the Small Claims
Advisor at 510-268-7665.
- Can you collect the
Judgment?
Does the defendant have enough money to pay the judgment?
- How can you find out the
name and address of the person or business you want to sue?
You can’t enforce your judgment unless you name the defendant correctly. If there are several people who could be defendants and you don’t know who is responsible, name everyone you think should take responsibility. The court will decide if they are legally responsible.
If your case is about a car accident, name the driver and the owner of the car that hit you. You don’t have to name both parties, but you’ll have a better chance of collecting your money.
For example: If the owner and the driver are the same person, write "Joe Smith, owner and driver." If the owner and driver aren’t the same person, write "Lucy Smith, owner, and Betty Smith, driver."
You need the defendant's address because:
- You can contact the
defendant to try to settle the case before you file.
- You can ask the
defendant to pay you before you file.
- You need to give the
address to the process server
to serve the Plaintiff's Claim
and Order to the Defendant (SC
- 100).
- If you win, you need an
address so you can send a letter asking to be paid.
- Resources
This is a list of places that can help you find the right name and address of the person or business you want to sue:
- To find the owner of
real property in Alameda County:
COUNTY ASSESSOR’S OFFICE
1221 Oak Street, Room 145
Oakland, California 94612
(510) 272-3787
COUNTY RECORDER’S OFFICE
1106 Madison Street, 1st Floor
Oakland, California 94612
(510) 272-6362
- To find out how a
business is owned in
(510) 272-6362
- To get information
about contractors:
CONTRACTOR’S STATE LICENSE BOARD
(408) 277-1244 or (800) 321-CSLB
Give them the Contractor’s name or their business name and license number, if you have it. Ask for the latest information, including the name and address of the contractor’s bonding company and the bond number. You can get this information online at http://www.cslb.ca.gov/.
- To find out about
Corporate Status and get information about Limited Partnerships:
SECRETARY OF STATE - Corporate Status Unit
1500 Eleventh Street, Sacramento, California 95814
To find out how to get copies and how much you have to pay: (916) 657-5448.
Give name and address of the corporation and ask for:
1) The names and addresses of the corporate officers
2) The name and address of "Agent for Service of Process"
SECRETARY OF STATE - Limited Partnership Status Unit
1500 Eleventh Street, Sacramento, California 95814
To find out how to get copies and how much you have to pay call: (916) 653-3365.
Give them the name of the company. Ask for:
1. The full name and address of the limited partnership
2. The name and address of the General Managing Partner
3. The name and address of the Agent for Service
You can get this information online. Go to the California Business Portal and click on California Business Search at http://www.ss.ca.gov/.
- To find out who owns a
car repair shop:
BUREAU OF AUTOMOTIVE REPAIR
(800) 952- 5210
Give them the name of the business. Ask for the names and addresses of the owners.
- For information about a
car
STATE OF CALIFORNIA, DEPT. OF MOTOR VEHICLES
800)777- 0133
The Department of Motor Vehicles doesn’t give out home addresses to people in lawsuits or process servers anymore.
Web site: http://www.dmv.ca.gov/
Change of address:
If the person moved, the post office won’t just give out a person’s new address. You can get a business’ new address for a $3.00 fee. After you file your case, you can get a person or business’ forwarding address so you can serve them. Click here for more information: United States Post Office.
Get records from the Post Office:
The Post Office will give you the street address of someone who has a P.O. box if they use the box to get or do business. Go to or write the post office where the box is. Show them an ad or some other proof that the box is being used as a business.
The post office will give you the forwarding address or the street address of a P.O. box for a business or a person if you can prove that you need that information to serve a party and that you’ll only use it to do this. Go to or write the post office where that box is and fill out a form. Or write them a letter asking for the information. The letter should say:
- Your name and address.
- The box holder’s name.
- The P.O. box number.
- The zip code.
- That you're
representing yourself in a lawsuit.
- The name of the court.
- The title of the case.
- The case number.
- A short description of
what the case is about.
- The names of all the
other parties in the case.
- The box holder is a
party in the case, a defendant or the person who lost the case.
- The information will
only be used to serve a court paper (for example, Service of Process
or Order to Appear for Examination).
- The citation of the law
(for a Service of Process, CCP Section 116.340, and for an Order to Appear
for Examination, CCP Section 708.110). See Post Office Manual Section
352.44, sub. [e] to find the citation for your case.
- Find a business through
the City Clerk's Office:
The tax and permit division of the city clerk's office, has a list of names and addresses for most of the people who have a business license in a city. Find the address and phone number of the city clerk's office in the Government Pages of your phone book. It's usually in the city section under "Clerk."
- To Find Out the Names of
a Corporation's Directors and their Agents for Service of Process
The Secretary of State keeps a record of the names and addresses of the officers of corporations and their agents for service of process. These are the people you can serve with the claim. To find out how to get this information, call (916) 657-5448 (recorded message).
Or, download instructions and an order form from www.ss.ca.gov/business/business.htm.
The Secretary of State will fax you the information. You’ll have to pay extra. - The Internet
There are a lot of ways to find people or businesses on the Internet. Most browsers can look for a person’s name. There are also reverse directories online. This means that if you have an address you can find out the name of the person or business. Most of the regulatory agencies have websites with a list of the people they license. Internet resources change all the time. Try search engines on the Internet.