How do you deal with a small claims case? Ask the attorney

Q: We have a lot of concerns due to the fact that we are submitting a small claims lawsuit, and the other party (a specialist) says he is going to counter take legal action against. So, how do we set about filing, serving, dealing with his claim, sending our records, witnesses, all that? Also, what about appeals?

Y.R., Redondo Beach



A: First, in your web browser go to the county where you reside, enter "Small Claims Court basics" or a similar phrase, as each county may have some differences on how documents is submitted (typically e-filed nowadays), what and when you submit records to the court, and how you might monitor the matter. You likewise wish to examine to be sure you have an appropriate court area for the case (i.e., the ideal location).

For your review, here are 2 helpful links you can discover online that supply information about little claims, the process and the "how to": dcba.lacounty.gov/ portfolio/how-to-sue- in-small-claims-court and selfhelp.courts.ca.gov/ small-claims-california.

If the links do not work for you, enter essential expressions in your web internet browser, such as "California Courts, self-help, Small Claims Court," or "California, Small Claims Court, Basics."

As the celebration who brings the small claims case (complainant), you can not appeal if you lose; the defendant can if he or she loses on your claim. If you lose on the professional's counter-claim, you can appeal that judgment. There is a minimal time frame to submit the appeal (track it).

Even more, an appeal is handled "de novo," that is, heard all over once again by somebody else. You can have a lawyer represent you on an appeal (however you can not be represented by a lawyer at the initial little claims hearing). Keep in mind, there is a penalty if a party appeals however the court concludes the appeal was mainly for delay.

Lots of counties have a little claims court advisor you can call throughout weekday company hours. In Los Angeles County, the phone number is 213-974-6350; in Orange County, the contact number is 714-571-5277. While the consultants can not provide legal suggestions, they can provide you assistance on essentials, procedures and forms.

To begin the case, there is a pre-printed kind you complete and file (frequently you can e-file through a business, and the court's website may supply some suggested suppliers). Service of your claim on the accused is needed (there are options on how to serve), and you are to do so within an amount of time before the hearing, with the evidence of service timely submitted with the court. Many of these details can be found online, such as at the links above or comparable resources.

And, once again, if you get stuck, or are not exactly sure of what to do, offer a call to the small claims court consultant.

One example: Let's state the hearing date is not good for you and you need to continue it. There is likely a kind you complete, file with the court and serve (e.g., by mail) on the other celebration. Monitor the court's acting upon your request.

It is very important to prepare your case well.

Live witnesses tend to be better than sworn, signed declarations, however signed declarations (under penalty of perjury) may help compared to your just arguing with no other support. It also is necessary to have your records organized, indexed and ready to supply to the court, in addition to your opponent (check to find out when you are to supply them to the court and to the other party). Some courts now require a settlement effort by the parties on a date prior to the hearing, or provide the parties a mediation (settlement effort) choice to choose; once again, inspect the guidelines in your county.

If you appear from another location, when you are to submit your records to the court (and to the other side) is particularly important. Lots of do not go to the court for a hearing nowadays, however get involved through a remote link that the court provides.

Here, then, is a bottom line quote from the self-help link above: "The little claims process is an easier way to take somebody to court. It's for you when you believe the opposite owes you less than $10,000 (or $5,000 if you're suing as a service).".

You might discover that your hearing is going to be performed by a judge professional tem (a short-lived judge). Typically, this is a lawyer. You are not required to agree to have the hearing performed by that individual, however if you choose not to stipulate to the judge pro tem, there will be a time delay in getting the matter submitted to an actual, sitting judge. In reality, the hearing may then be postponed to another date.

There are tv programs that offer a sense (sometimes over the top) of what small claims court resembles. In my experience, the secret is to be expert, polite, trustworthy and well prepared. Making faces, interrupting the other party, providing the court a collection of items, does not work well at all. While small claims court is suggested for ordinary individuals, there are aspects of how to perform yourself that are very similar (even similar) to how attorneys are to behave in court. It also is not uncommon to be nervous, at least prior to or when you start the hearing; however, that often goes away quickly.

Bottom line: You deserve your day in court - - benefit from it. Resources are available to guide you through. Prepare well, and stand tall.

Ron Sokol has been a practicing lawyer for over 40 years, and has actually likewise served often times as a judge pro tem, conciliator, and arbitrator. It is important to remember that this column provides a summary of the law, and is not to be dealt with or thought about legal advice, let alone an alternative to real assessment with a certified specialist.