To determine what court or courts may be proper in your situation, it's wise to consult a small claims adviser. In those counties, you also must file your case within the proper area of court location within that county. In large counties, the county is divided into areas of court location. It's important to file your case in a proper small claims court. (See Business and Professions Code beginning with section 7101, and the Contractors State License Board) Where Do You File Your Case? In that situation, be sure to name both the contractor and the guarantor as defendants, and prepare to prove a violation of the contractors licensing laws. (2) If the person suing is not a natural person, and the defendant guarantor charges a fee for its services, or is the Registrar of the Contractors State License Board because the plaintiff is suing on a contractor's bond, the maximum amount of the claims is $4,000. However, there are two exceptions to the jurisdictional amount of $2,500: (1) If you are a natural person suing a guarantor that charges a fee for its guarantor or surety services, the maximum amount is $6,500. If the case is against a guarantor someone whose legal responsibility is based on the acts or omissions of another the maximum claim is $2,500. It's always wise to ask for the full amount that you can prove, because if the defendant doesn't appear in court, the judgment that the court issues in your case will be limited to the amount that you have both requested and can prove. Once the dispute is heard and decided by the small claims court, your right to collect the amount that you waive will be lost forever. Before reducing your claim, discuss your plans with a small claims adviser or an attorney. Instead of doing that, you may choose to reduce the amount of your claim and waive (give up) the rest of the claim in order to stay within the small claims court's monetary limit on claims. If your claim is over the small claims monetary limit, you may file a case in the regular superior court, where you can either represent yourself or hire an attorney to represent you. ![]() If you are a natural person (an individual), and therefore can ask for up to $7,500, you still may not file more than two small claims court actions for more than $2,500 during the calendar year. If your claim exceeds $2,500, you'll be asked to check the box on your claim form (Form SC-100) that states that you have not filed more than two actions for more than $2,500 during the calendar year. You are not permitted to divide a claim into two or more claims (called claim splitting) in order to fall within the monetary limits. This limit does not apply to a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity. If you do exceed the two cases over $2,500 per calendar year limit, the court may award you only a maximum of $2,500 in each subsequent case even if your proven damages exceed $2,500. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year. ![]() Corporations and other entities are limited to $5,000. You can sue for up to $10,000, if you are an individual or a sole proprietor. Small claims courts have an upper limit on the amount of money that a party can claim. You can prove your claim by almost any kind of evidence: a written contract, warranty, receipt, canceled check, letter, professional estimate of damages, photographs, drawings, your own statements, and the statements of witnesses who come to court with you. That means that you can only receive a judgment for an amount you can prove. The judge will ask you to prove that you're entitled to the amount that you claim. Think carefully about how much money called damages you want to request. How Much Money Does Your Dispute Involve? It's wise to send written communications by mail, and to ask the post office for a return receipt that you can keep as evidence. Always keep copies of any letters and other written communications. ![]() Your request may be made orally or in writing, but it's a good idea to do it both ways. In legal terms, you must make a "demand" on the other person, if possible. You must then ask for the money, property, or other relief that you intend to ask the judge to award you in court. Filing Your Lawsuit Have You Asked for the Money or the Property?īefore you can sue in small claims court, you must first contact the defendant (or defendants) if it's practical to do so.
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