What is the trial and procedure like in small claims court? (But in California?)

Question

What happens when you go to small claims court?

This is in L.A. County

Answer 1

You get the claim form from the clerk of courts and fill it up.  File it with the court along with the summons.  The clerk will stamp it in and give you back copies (she will keep the original to open up the court's file).

You will be required to have the packet of forms served on the person who owes you the money...you cannot serve the persons yourself (you will need to get someone over 18 years of age--with no interest in the outcome of the case) to serve your creditor and then you forward a filed out Proof of Service form (signed by the person who served the creditor) to the clerk of courts.

Your case will be set for a hearing after the period of time allowed for the creditor to file an answer to your claim.

At the hearing you will present your evidence and ask the creditor questions; the creditor will be permitted to present their evidence and ask you questions.  The judge hearing the case will either issue a ruling immediately or take the case "under submission" and issue a ruling by mail in a few days.

Be sure that you ask for costs of filing your case as a part of you relief that you are seeking--in addition to the money you are trying to collect.

If your creditor is order to pay you money and fails to do so, you will need to file an execution on the judgment to attach the creditors property or wages.

Good luck.

  

Answer 2

It all depends on what stage of the process you find yourself.

http://www.lasuperiorcourt.org/smallclai...