Question:

If I wanted to take someone to small claims court how long is the process and is it expensive

by Guest10858  |  earlier

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Im CA its over a credit card

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  1. it depends on all the info you have on you right to claim and what evidence the other party has to discredit your claim  if you win your claim the other party can be liable for cort cost


  2. in california the fee to file small claims is $30.00 it is a 3 page form you fill out (go to www.californiasuperiorcourtezlegalfile.c... and you can do it on line and print it before you take it to the small claim's clerk at the courthouse. you can have the court serve the person by certified mail ($25.00) , but if they do not sign the reciept it is not a valid serve, they can be served by a licensed process server (i am one) for a fee of anywhere from $25.00 up to as much as $100.00, or you can have a friend/family member serve them as long as they are not party to the case. once you file the papers, the court will assign a court date usually 4 to 6 weeks later. the defendant (person you are suing) must be served and the proof of service form returned to the court no later than 10 days prior to the court date. if on the court date they show up, both sides tell their story and the judge makes a ruling. if either party does not show up for court, the party that does show up wins. if neither party shows up, the case is dismissed.  

  3. Contact the local small claims or justice of the peace court.  The helpful clerk will have all the information about the fees involved and may provide estimates of the time.  

    Some things might slow the process, such as trouble getting the defendant served citation.

    There are several websites and books to help persons filing in small claims courts.

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