Table of Contents

Introduction: Your Small Claims Court Companion

1. In the Beginning

First Things
Checklist of Things to Think About Before Initiating or Defending Your Case
Legal Jargon Defined
How to Use This Book

2. Do You Have a Good Case?

Stating Your Claim on Your Court Papers
But Is My Case Really Any Good?
How to Approach a Breach of Contract Case
How to Approach a Property Damage Case
How to Approach a Personal Injury (and Mental Distress) Case
How to Approach a Case When You Are Injured by a Defective Product
How to Approach a Breach of Warranty Case
How to Approach a Professional Malpractice Case
How to Approach a Nuisance Case

3. Can You Collect Your Money If You Win?

4. How Much Can You Sue For?

Cutting Down a Claim to Fit Under the Limit
Splitting Small Claims Court Cases
How to Calculate the Exact Amount of Your Claim
Equitable Relief (or, Money Can't Always Solve the Problem)

5. When Can You Sue?

California Statute of Limitations Periods
Calculating the Statute of Limitations
Defendant Should Tell the Judge If the Statute of Limitations Has Run Out

6. How to Settle Your Dispute

Try to Talk Out Your Dispute
Mediate Your Dispute
Write a Formal Demand Letter
Write Down the Terms of Any Settlement
Agreement Just Before Court Hearing

7. Who Can Sue?

Married Couples
Sole Proprietorships
Business Partnerships
Corporations
Limited Liability Companies
Nonprofits and Unincorporated Associations
Motor Vehicle Claims
Government Agencies
Special Rules for Owners of Rental Property
Special Rules for Homeowners' Associations
Suits by Prisoners
Suits by Minors
Special Rules for Military Personnel Transferred Out of State
Class Actions (Group Lawsuits)
Participation by Attorneys and Bill Collectors

8. Who Can Be Sued?

How to Sue One Person
How to Sue Two or More People
How to Sue an Individually Owned Business
How to Sue a Partnership
How to Sue a Corporation or Limited Liability Company (LLC)
How to Name Defendants In a Motor Vehicle Accident Case
How to Sue Minors
How to Sue Government Agencies
How to Sue Contractors and Their Bonding Companies
How to Sue the Estates of Deceased People

9. Where Can You Sue?

Where to Sue Out-of-State Defendants
Where to Sue California Defendants
What Happens if Suit Is Filed in the Wrong California Small Claims Court?

10. Plaintiff's and Defendant's Filing Fees, Court Papers, and Court Dates

How Much Does It Cost?
Filling Out Your Court Papers and Getting Your Court Date
The Defendant's Forms
Changing a Court Date

11. Serving Your Papers

Who Must Be Served
How to Serve an Individual
How to Serve an Out-of-State Motorist
How to Serve an Out-of-State Property Owner
How to Serve Papers on a Business
How to Serve a Contractor or Anyone Else With a Surety Bond
How to Serve a Government Agency
Time Limits in Which the Plaintiff's Claim Must Be Served
How to Notify the Court That Service Has Been Accomplished ("Proof of Service")
How and When to Serve a Defendant's Claim
How and When to Serve Subpoenas
Costs of Service

12. The Defendant's Options

Claim That You Weren't Properly Served With Court Papers
Claim You Were Sued in the Wrong Small Claims Court
Claim You Were Sued After the Statute of Limitations Expired
You Have a Partial Defense—Try to Compromise
You Want to Avoid Conflict—Try to Mediate
You Have Absolutely No Defense
You Want to Pay the Plaintiff in Installments
If You, Not the Plaintiff, Were Wronged-File a Defendant's Claim
Fight Back

13. Getting Ready for Court

Interpreter Services
Free Small Claims Advice
Getting Help From a Private Lawyer
Mediation
Practice, Practice, Practice
Getting to the Courthouse
Court Times
Understanding the Courtroom and Basic Procedure
Dealing With Your Opponent
Dealing With the Judge or Commissioner
Organizing Your Testimony and Evidence

14. Witnesses

Who Makes a Good Witness
Subpoenaing Witnesses
Subpoenaing Police Officers
Subpoenaing Documents
Witness Testimony by Letter
Judges as Witnesses
Testimony by Telephone

15. Your Day in Court

If Your Opponent Doesn't Show Up
Contested Cases
A Sample Contested Case
Don't Forget to Ask for Your Costs

16. Motor Vehicle Repair Cases

Have You Suffered a Loss?
Can You Prove the Defendant's Negligence Caused Your Loss?

17. Motor Vehicle Purchase Cases

New Vehicles
Used Vehicle Dealers
Used Vehicles from Private Parties

18. Bad Debts: Initiating and Defending Cases in Which Money Is Owed

Small Claims Court Is a Good Place to Sue on Bad Debts
Bad Debt Cases From the Plaintiff's Point of View
Debt Cases From the Debtor's Point of View

19. Vehicle Accident Cases

Who Can Sue Whom?
Was There a Witness to the Accident?
Police Accident Reports
Determining Fault
Diagrams
Photos
Estimates
Your Demand Letter
Appearing in Court

20. Landlord-Tenant Cases

Security Deposit Cases
Unpaid Rent, Rent Withholding, and Other Money Damage Cases
Drug Dealing and Other Crimes
The Obnoxious Landlord
The Landlord's Right of Entry and the Tenant's Right of Privacy
Discrimination
Evictions

21. Miscellaneous Cases

Clothing (Alteration and Cleaning)
Dog-Related Cases
Damage to Real Estate (Land, Buildings, etc.)
Police Brutality/False Arrest Cases
Defamation
Internet Purchases

22. Disputes Between Small Businesses

Remember: You Didn't Always Hate the Other Guy
Organizing Your Case
The Drama of the Distraught Designer
Old Friends Fall Out

23. Judgment and Appeal

The Judgment
Installment Payments
Paying the Judgment Directly to the Court
File Satisfaction of Judgment After Payment
Who Can Appeal
Filing Your Request to Correct or Vacate Judgment
Filing and Presenting Your Appeal

24. Collecting Your Money

The Timing of Collecting Your Money
How to Collect
If Installment Payments Aren't Made
Collecting a Judgment Against a Government Agency
Finding the Debtor's Assets
Levying on Wages, Bank Accounts, Business Assets, and Personal Property
Judgments Stemming From Auto Accidents
Creating Property Liens
Recovering Collection Costs and Interest

25. Legal Research

Local Laws
State Laws
Case Law

Appendix: Major California Consumer Laws

Index

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