What can you do legally if someone owes you money in Florida?
If someone owes you money or you feel that you were wronged, and the amount is less than $8,000, you may file a case in Small Claims Court. In most cases, you do not need a lawyer for a small claims case. If your case is more complex, you might be better off hiring an attorney.
How do I submit evidence to small claims court in California?
Once your case is filed, you should begin preparing for court. One of the most important things you can do is ensure you have named the Defendant correctly. This may require you to do some research. Our article on Finding a Person or Business can help.
Once you have found the information you are looking for, our How to Name article can help you make sure you named the Defendant correctly.
Most small claims cases last only 15 to 20 minutes. For this reason, you want to organize your evidence ahead of time and make brief notes of what you want to say in court.
You must submit copies of your evidence to the court and to each party in your case at least 10 days prior to the hearing. When submitting evidence, you must complete form LASC CIV 278 and use LASC CIV 279 mailing labels. You will have to provide proof that the other parties were sent copies of your evidence. You can get this from the Post Office at the time you mail these forms.
Here are some examples of evidence to bring to court:
- If you do not speak English, the court will provide an interpreter at no cost to you. You may request an interpreter online here.
- In some cases, the court may not have an interpreter available. You may also be able to bring someone who can interpret for you.
Before your case is heard, the Judge will ask you to speak with the Defendant and try to resolve the case. At that time, you and the Defendant will share evidence with each other. If you cannot come to an agreement, the Judge will hear your case.
A temporary Judge, called a Judge Pro Tem, is a lawyer who hears cases and makes decisions, just like a regular Judge. If you do not want a Temporary Judge to hear your case, you can ask the court for a permanent Judge. If a permanent Judge is not available, you may have to come back another day.
Be respectful to the Judge, the Defendant and everyone else in the courtroom. In court, only one person speaks at a time. Do not interrupt others who are speaking.
Check our flyer for proper courtroom etiquette.
Remember that you are not in court to convince the Judge that the Defendant is a bad person; you are there to prove that you are owed money.
When the Judge allows you to speak, get right to the point and stick to the facts of your case. Give the Judge copies of your evidence. You can refer to your notes but do not read a prepared statement to the Judge. If the Judge asks you a question, answer it directly. Avoid long statements that do not directly answer the Judge’s questions.
The Judge can make a decision at the end of the hearing. However, in most cases, the Judge will decide later and notify you by mail.
The Judge will award you the money owed and your court costs. You must wait 30 days before trying to collect your money. This period of time allows the Defendant to file an appeal if they appeared at the hearing. If the Defendant(s) did not appear they can file a Motion to Vacate Judgment. The Defendant may request to pay you in installments. After 30 days, you can take action.
What is the maximum amount for small claims court in San Diego?
You must file your claim in the proper venue (county). In San Diego County, all Small Claims actions must be filed at the Hall of Justice (Central Division) located at 330 W. Broadway, Room 225, San Diego, CA 92101.
If you have a small claims hearing scheduled and need an interpreter, complete the Interpreter Request/Cancellation form (SDSC Form #ADM-348) as far in advance of your hearing as possible. The form can be brought to the business office during business hours or mailed to the court location noted on your paperwork. The court will try to schedule an interpreter for the date and time of your hearing at no cost to you, but cannot guarantee that one will be available.
The Superior Court of California provides a Small Claims Legal Advisor at no cost. The advisor is available to assist with small claims issues and procedures from filing through enforcement. For more information about the court’s Small Claims Advisory program, visit the Small Claims Advisor page.
You must make sure the defendant receives a copy of the claim you filed. This is called “service of process.” Service of process has strict rules that must be followed exactly or your case will be delayed or dismissed. The plaintiff cannot complete service of process on their own. For ways to serve the defendant, see the Proof of Service page.
The prevailing party must wait 30 days from the date of the mailing of the Notice of Entry of Judgment before taking any action to collect the judgment. During this period (30 days), the opposing party has a right to APPEAL. If the opposing party was not present at the small claims hearing, they have no right to appeal, but may file a MOTION TO VACATE. If the opposing party does not file an appeal or a motion to vacate within 30 days of the Notice of Entry of Judgment, the prevailing party may begin collection proceedings on the 31st day. For more information on post-judgment proceedings, see the After the Trial page.
At Trial – If you file a Small Claims lawsuit and win the case, the court will generally award you the following costs and fees:
If you did not hear the judicial officer award you costs and fees, you may ask the judicial officer to award reimbursement for these items.
What is the limit for small claims court in Illinois?
How much can I sue for in small claims court? The limit in Illinois is $10,000.
How do I contact Los Angeles Small Claims Court?
Call (213) 974-9759. You can speak with a small claims advisor Monday through Friday from 8:00 am to 4:30 pm.
What time does the small claims advisor open in San Diego?
The Superior Court provides a Small Claims Legal Advisor at no cost to assist with small claims issues and procedures. An advisory information sheet is available in the How to File a Small Claims Case booklet.
You may call the Small Claims Legal Advisor (SCLA) for information on small claims issues and procedures.
24-hour Recorded Information: (858) 634-1900
SCLA Phone Number: (858) 634-1777
Phone Hours: Monday through Friday, 8:30 a.m. – 12:30 p.m., 1:30 p.m. – 4:30 p.m.
The Small Claims Legal Advisory in-person clinic services is available at the Hall of Justice, located at 330 West Broadway San Diego 92101. Walk-in assistance is available on a first-come, first-served basis Monday-Thursday between the hours of 8:30 – 10:30 a.m. Litigants must be signed in by 10:10am to receive advice during walk-in hours. Appointments are available Monday-Thursday between 11:00 a.m. – 12:30 p.m. and 1:30 – 3:30 p.m. and appointments must be requested online. The SCLA will contact litigants making appointment requests with an appointment date.
Important requirements for in-person consultations:
- The Small Claims Legal Advisory phone bank can assist litigants with completing paperwork by email.
- Help is available in English and Spanish.
- Assistance can be provided in other languages through the court’s translation services program at no charge to litigants.
The Small Claims Legal Advisor offers remote assistance via live chat. When an advisor is available, a “Chat” icon will appear in the bottom right corner of your browser.
Note: The Small Claims Legal Advisor does not assist with legal issues outside the jurisdiction of small claims court. This includes (but is not limited) to the following types of legal issues:
- Traffic citations
- Unlimited civil cases
- Limited civil cases
- Unlawful detainers (eviction)
- Restraining orders
- Family Law matters
- Probate
- Bankruptcy
- Mechanic liens
- Name changes
- Cases against the federal government
- Expungements
How to take someone to small claims court in California?
Small Claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who initiates the claim is the plaintiff and the person who is being 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 with you in court.
In general, a natural person (an individual) cannot ask for more than $12,500 in a claim. Businesses and other entities (like government entities) cannot ask for more than $6,250. This limit on businesses does not apply to sole proprietors, who are treated as natural persons. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims in a calendar year that ask for more than $2,500.
There are some exceptions to the $12,500 limit for individuals:
- Collections agencies cannot sue in Small Claims court to collect on debts that are assigned to them.
To start a Small Claims suit, you need to file the Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100). You can get this form for free on the internet, at www.courts.ca.gov/forms. San Bernardino County also offers Small Claims eFiling. Please see our Small Claims eFiling page to learn about filings your forms online.
You must be at least 18 years old to file a claim. If you are not yet 18, 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, relative or an adult friend.
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.
Unless you fall within two technical exceptions, you must be the original owner of the claim to sue someone. This means that if the claim is assigned to someone else, 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.
If a corporation files a claim, an employee, officer, or director must act on its behalf. If the claim is filed on behalf of an association or other entity that is not a natural person, a regularly employed person of the entity must act on its behalf. See the Authorization to Appear form (SC-109).
You must sue in the right court and judicial district. This rule is called venue. 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 rules don’t allow you to pick the courthouse closest to where you live.
Look at the Plaintiff’s Claim (SC-100), Question 5, for help in figuring out the right courthouse. The most common reasons for filing at a particular courthouse: where the defendant lives or does business; where the accident has occurred.
What is the maximum amount for small claims court in San Diego?
You must file your claim in the proper venue (county). In San Diego County, all Small Claims actions must be filed at the Hall of Justice (Central Division) located at 330 W. Broadway, Room 225, San Diego, CA 92101.
If you have a small claims hearing scheduled and need an interpreter, complete the Interpreter Request/Cancellation form (SDSC Form #ADM-348 ) as far in advance of your hearing as possible. The form can be brought to the business office during business hours or mailed to the court location noted on your paperwork. The court will try to schedule an interpreter for the date and time of your hearing at no cost to you, but cannot guarantee that one will be available.
The Superior Court of California provides a Small Claims Legal Advisor at no cost. The advisor is available to assist with small claims issues and procedures from filing through enforcement. For more information about the court’s Small Claims Advisory program, visit the Small Claims Advisor page.
You must make sure the defendant receives a copy of the claim you filed. This is called “service of process.” Service of process has strict rules that must be followed exactly or your case will be delayed or dismissed. The plaintiff cannot complete service of process on their own. For ways to serve the defendant, see the Proof of Service page.
The prevailing party must wait 30 days from the date of the mailing of the Notice of Entry of Judgment before taking any action to collect the judgment. During this period (30 days), the opposing party has a right to APPEAL. If the opposing party was not present at the small claims hearing, they have no right to appeal, but may file a MOTION TO VACATE. If the opposing party does not file an appeal or a motion to vacate within 30 days of the Notice of Entry of Judgment, the prevailing party may begin collection proceedings on the 31st day. For more information on post-judgment proceedings, see the After the Trial page.
At Trial – If you file a Small Claims lawsuit and win the case, the court will generally award you the following costs and fees:
- Cost of filing the claim
- Service of process fees
- Witness fees
- Lost wages for attending the hearing
If you did not hear the judicial officer award you costs and fees, you may ask the judicial officer to award reimbursement for these items.