Small Claims Ultimate Guide (SCUG)

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Small Claims Ultimate Guide (SCUG)

[Scug: n, A place of refuge]

v.1.1

Written by MAI

In conjunction with Legal Aid Society of Orange County, Legal Resolutions Center www.ocsmallclaims.com

Disclaimer:

By reading or utilizing any portion of this document, you are acknowledging and agreeing to the terms that the information in this document is solely procedural advice. The Small Claims Ultimate Guide (SCUG) is not, and should not be treated as, legal advice. Additionally, there may be information within this document that may not be accurate or may be different than current practices or procedures. As such, Legal Aid Society of Orange County and any employees, volunteers, or any other persons involved with this project are not responsible for any inaccuracy that may be within this document.

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Rules for Small Claims

California Small Claims Act:

 California Code of Civil Procedure (CA CCP) 116 Title 1, Chapter 5.5, Articles 1-9 o (CCP § 116.110-116.950)

 Excerpt from CCP § 116.110-116.120: 116.110.

This chapter shall be known and may be cited as "The Small Claims Act."

116.120.

The Legislature hereby finds and declares as follows:

(a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively.

(b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes.

(c) The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals.

(d) The small claims divisions, the provisions of this chapter,

and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses.

California Rules of Court for Small Claims:

 California Rules of Court: Title Three. Civil Rules. Rules 3.2100-3.2120

Superior Court of Orange County Local Rules of Court:

 Superior Court of Orange County Local Rules of Court: Division 3. Civil Rules. Chapter 3 Small Claims. Rule 341-348

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Basic SC Terms: Plaintiff:

The party who has filed a small claims action. The term includes a Defendant who has filed a claim against a Plaintiff.

Defendant:

The party against whom the Plaintiff has filed a small claims action. The term includes a Plaintiff against whom a Defendant has filed a claim.

Information for the Small Claims Plaintiff:

 For additional information on Small Claims, read:

o Information for the Plaintiff (Small Claims) (SC-100-INFO)

What You Need to File a Small Claim:

1. Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100) 2. The Plaintiff’s legal name and address

 Need information for all listed Plaintiffs 3. The Defendant’s legal name and address

 Need information for all listed Defendants

 If you are suing a Corporation/LLC, you need the information for the “Agent for Service of Process”

 “Agent for Service of Process” is explained in the “Serving and Challenging” section of this guide

4. The amount of money you are suing for and a short description of why you are filing your claim

5. The appropriate courthouse venue for your claim

 You need to file your claim at the courthouse that has jurisdiction over your claim 6. Plaintiff’s/Plaintiffs’ signatures

The First Step: Inform the Defendant You Are Going to Sue

 Inform the prospective Defendant of the issue before you sue o The Defendant may be willing to settle the issue o You may inform the Defendant through various means

 For example, a General Demand Letter may be used  General Demand Letter:

 How to:

1. Use a computer or a typewriter

2. Start by briefly reviewing the main facts of the dispute in your letter

3. Be polite

 You may regret any aggressions in your letter as the letter may be used in your case at the trial

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5. Keep a copy of this correspondence for your records o For an online module to write a Demand Letter:

o <http://www.courts.ca.gov/9739.htm>

Who Are You (Legally Speaking) and How Much You May Sue For?

 Filing as an Individual (as a “Natural Person”) or Sole Proprietor: o May sue up to $7500

o This include a DBA (Doing Business As) that is organized as a Sole Proprietor

 NOTE: If a corporation, a LLC, or a DBA that is organized as a corporation or a LLC is listed as one of the Plaintiffs, then the Plaintiffs may only sue up to $5000 for the claim

 For a Sole Proprietor who is a DBA and suing:

 In addition to filing the Plaintiff's Claim and ORDER to Go to Small

Claims Court (SC-100) [or the Defendant’s Claim and ORDER to Go

to Small Claims Court (SC-120) if you are the Defendant and you are

countersuing], the DBA MUST fill out the Fictitious Business Name

(Small Claims) (SC-103)

o The Fictitious Business Name (Small Claims) (SC-103) requires the DBA’s:

 Statement number,  Expiration date, and

 Type of business (“does business as”)

 In this case, it should be an individual

 Filing as a Corporation or Other Business Entity: o May sue up to $5000

o This include a DBA (Doing Business As) that is organized either as a corporation or as a LLC

 For a Corporation or a LLC Filing as a DBA:

 In addition to the Plaintiff's Claim and ORDER to Go to Small

Claims Court (SC-100) [or the Defendant’s Claim and ORDER to Go

to Small Claims Court (SC-120) if you are the Defendant and you are

countersuing], the DBA MUST fill out the Fictitious Business Name

(Small Claims) (SC-103)

o This form requires the DBA’s:  Statement number,  Expiration date, and  Type of business

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How Many Small Claims May I File?

 You may file UNLIMTED small claims, HOWEVER THERE ARE TWO EXCEPTIONS:

o Exception #1:

 Only 2 of those small claims can be above $2,500 in a CALENDAR YEAR

 ex. Dec. 31st 2011 is on a different calendar year than Jan. 1st 2012 o Exception #2:

 After filing 12 small claims within a 365 days period (not a calendar year), each additional small claims filing fee cost $100 regardless on the amount you are suing for

Statute of Limitations for Small Claims:

Personal Injury

2 years from the date of the injury. If the injury is not immediately discovered, then it is two years from the date it is discovered. A minor has 1 year from his or her 18th birthday to file a case. Oral Contract 2 years from the date the contract is broken.

Written Contract 4 years from the date the contract is broken. Property damage 3 years from the date the property was damaged.

Fraud 3 years from the date of discovery. Malpractice 1 year from the date of malpractice.

Government Entity

Before you can sue a government entity, you must file a written claim with that entity.

Must be filed within 6 months for cases involving personal injury and/or damage to personal property with the government entity. 1 year for contracts including breach of contract and damage to real property. If your claim is rejected by the government entity, you must file a court action within 6 months of the rejection, or you will lose your right to sue.

Identifying the Entities for a Small Claim:

 Name all entities that you believe are responsible

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How to Find Basic Information on the Defendant:

 Finding Information on a Person: How to Locate a

Person or Business…

...that has moved:

Write a letter to the other party with the last known address. UNDERNEATH THE RETURN ADDRESS, write "Address Correction Requested. Do Not Forward." The Post Office will then receive your letter, provide you with the new address if there is one on file, and then return it to you.

...with only their phone number:

Use the Reverse Directory at your local library to find their address. There may be some websites that allow you to do this.

...Post Office box:

You can request the name, address, and phone number of the holder of a post office box if you certify that it is used for service of process. To do this, fill out the “Change of Address or

Boxholder Request” form found on the USPS website <http://www.usps.com/foia/faq.htm#H11>.

…with their real property:

Search the tax rolls at the Country's Assessor's Office in the county for which you believe the person owns real property. Tax rolls list the names of property owners by both the owner's name and the address of the property. The County Recorder's Office also maintains a listing of property owner's names and location of property.

 Finding Information on a DBA: o How to find this information:

 City Hall’s Business License Department,  County Recorder’s computers, or

 County Clerk’s Fictitious Business Name Index

 Finding Information on a Corporation or a LLC: o Secretary of State website:

 http://kepler.sos.ca.gov/

 Make sure to perform both a corporation search and a LLC search for the business that you are trying to retrieve information on

o Secretary of State’s Phone Number:  (916) 657-5448

o City’s Business Licensing Bureau o City or County Tax Assessor’s Office

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Listing Defendants on the Plaintiff's Claim and ORDER to Go to Small Claims Court ( SC-100):

 Naming Individuals: o Ex. “John Smith” o Info needed:

 Full legal name

 DO NOT USE suffixes when naming (ex. Mr., Jr., Esq., etc.) o If the individual has more than one name

 List all of them, separated by the words “also known as” or “aka” o If you find out the Defendant goes by another name after serving…

 …then you may ask the Judge at the day of the trial to amend the Plaintiff’s name

 CCP § 116.560(b)

o If you do not know the Individual’s address, then you need to find out the Defendant’s current address before you may file the claim

 Naming a DBA (Doing Business As): o Info needed:

 Full Legal name of the Owner(s)  Business name

 Preferred business address that is not a PO Box o Where to find this information:

 City Hall’s Business License Department,  County Recorder’s computers, or

 County Clerk’s Fictitious Business Name Index o How to write the DBA on the form:

 “ ***Owner’s name*** DBA ***Business name*** ”

 Ex. “John Doe DBA XYZ Cleaners”

 NOTE: The use of “Inc.” or “Co.” does not change a business status from a DBA if the entity is a DBA

o If there are two or more business partners, then list each partner’s name with the phrase “DBA” and the business’s name on each line for each partner

 Ex. “John Doe DBA XYZ Cleaners,” and on the next Defendant’s box, “Mary Smith DBA XYZ Cleaners”

 Naming Business Partnership or Corporation/LLC: o Ex. Claimship Legalities, Inc.

o Info needed:

 Business’s full legal name

 Use the exact legal name that is stated with the Secretary of State  Legal address (preferably not a PO Box)

 Use the address that this listed by the Secretary of State

o Use the stated address even if it is an out-of-state address  “Agent for Service of Process” information

 You need the name and address of the “Agent for Service of Process” that is representing the business partnership or corporation/LLC o To serve a Corporation/LLC:

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 Serve the “Agent for Service of Process” that represents the Corporation/LLC at the “Agent for Service of Process” stated address

o How to find this information:  Secretary of State’s website

 http://kepler.sos.ca.gov/

o Make sure to perform both a Corporation search and a LLC search for the business

 Secretary of State’s phone number

 (916) 657-5448

 City’s Business Licensing Bureau  City or County Tax Assessor’s Office

 Listing Multiple Plaintiffs or Defendants (Three or More Plaintiffs or Defendants): o Fill out the Other Plaintiffs or Defendants (Small Claims) (SC-100A) to list the

additional Plaintiffs/Defendants and attached this form to the Plaintiff's Claim and

ORDER to Go to Small Claims Court (SC-100) [or the Defendant’s Claim and

ORDER to Go to Small Claims Court (SC-120) if you are the Defendant and you are

countersuing] when filing and serving

 Cases Involving Auto Accidents:

o Sue the Owner and the Driver at the time of the accident

 If the person that hits you is both the owner and driver of the car,

 Write: “ ***Individual’s Name*** , owner and driver”  If they are different

 Write: “ ***Individual’s Name*** , owner” for one Defendant, and as a separate Defendant, “ ***Individual’s Name*** , driver” o For more information, read the topic Auto Accidents (Includes Out-of-State Drivers)

in the Additional Information section

Venue:

 Venue is the courthouse that has jurisdiction of the case

o Your case must be heard at the correct venue or it will be dismissed or be moved

 How to Find the Right Venue:

o Paragraph Four on the Plaintiff's Claim and ORDER to Go to Small Claims Court

(SC-100) lists the different criteria for venue:  a.

 (1) Where the Defendant lives or does business.

 (2) Where the Plaintiff’s property was damaged.

 (3) Where the Plaintiff was injured.

 (4) Where a contract (written or spoken) was made, signed, performed, or broken by the Defendant or where the Defendant lived or did business when the Defendant made the contract.

 b.

 Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim is about an offer or contract for personal, family, or household goods, services, or loans. (CCP, § 395(b).)

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 c.

 Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a retail installment contract (like a credit card). (Civil Code, § 1812.10.)

 d.

 Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civil Code, § 2984.4.)

 e.

 Other (specify):

Damages to List in the Small Claims:

 Important! Request the highest dollar amount on your claim when you file

o The Judge may lower the amount you are claiming, however, the Judge is not permitted to raise the amount

 What can you sue for [NOTE: This is not a complete list for what you may sue for] o Calculable damages:

 Damages,

 Transportation costs (projected costs),  Time spent on the case (projected costs),  Wages lost (projected costs),

 Etc.

o Non-Calculable damages:  Emotional distress,  Punitive damages,  Etc.

o You do not need to list:

 Filing fees and service fees

 These fees will be awarded by the Judge if you win the Small Claims

What if I Work All Week (M-F, 9:00-5:00)? How Can I File a Small Claim?

 Check with the Small Claims Clerk for night or Saturday Small Claims trials

 If you are unable attend those, then you may have to set aside time from your work to pursue your case

o You may want to include wages lost and time spent as part of your damages for your claim

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Methods for Filing:

 Filing In Person:

o Pros: Can choose the date

o Con: Pay for transportation, parking fees, and time spent for traveling

o File your forms with the Small Claims Clerk at the Small Claims Department

o For how many copies of your claim that you need to bring when filing in person, use this formula:

 1 + P + D = Copies to bring

 P = Number of Plaintiffs, D = Number of Defendants

o One copy is for the court, a copy for each Plaintiff, and a copy for each Defendant

 Important! If you will be performing Substitute Service on a Defendant, than you need an additional copy

 Filing by Mail:

o Pros: No travel costs

o Cons: Cannot directly choose the trial date (but may suggest certain times and days with special instructions)

o Address the Letter with the following: Attn: Small Claims Clerk

o When you file your claim by mail, make sure to include an addressed selfstamped return envelope so the courthouse will mail back your filed papers

o For how many copies of you claim that you need to mail with your letter, use this formula:

 1 + P + D = Copies

 P = Number of Plaintiffs, D = Number of Defendants

o One copy is for the courts, a copy for each Plaintiff, and a copy for each Defendant

 Important! If you will be performing Substitute Service on a Defendant, than you need an additional copy

 E-Filing your Small Claims through I-CAN! Legal <http://icandocs.org>:

o Pros: Filing in the comforts of your home. The Court will return an e-filed conformed copy through I-CAN!

o Cons: Is only for the citizens of County of Orange, cannot choose the trial date (but may suggest certain times and days with special instructions), and takes 3-5 business days to process

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Requesting a Fee Waiver:

 If you are either a low income individual or a low income individual who is supporting a household with other dependants, then you may be entitled to have the courts waive your court fees

 You may have the court waive your fees if: A. Receive government assistance

B. Your gross monthly household income (before deductions from taxes) is less than the amount listed below:

C. You do not have enough income to pay for the household’s basic needs and the court fees

 Options to choose for this: i. Waive all court fees

ii. Waive some of the court fees iii. Let me make payments over time

 How To File A Few Waiver:

o Read the Information Sheet on Waiver of Court Fees and Costs (FW-001-INFO) to see if you qualify

 If you do qualify for a fee waiver, then file the Request to Waive Court Fees (FW-001) and the Order on Court Fee Waiver (FW-003) when you file the

Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100) [or the

Defendant’s Claim and ORDER to Go to Small Claims Court (SC-120) if

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PLAINTIFF – Serving the Defendant(s) with the Plaintiff's Claim and ORDER to Go to

Small Claims Court (SC-100):

 IMPORANT!: YOU MUST SERVE EACH DEFENDANT WITH A FILED CLAIM THAT HAS THE COURT STAMP, COURT TIME(S), AND CASE NUMBER

 Before Service:

o The Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100) must be filed at the proper courthouse (proper venue)

 Service must be done 15 days (in county) or 20 days (outside of county) before the trial date, with an exception for Substitute Service, which must be done 25 days or 30 days respectively

Serving a Corporation or a LLC: Agent for Service of Process o How to serve a corporation/LLC:

 If you are suing either a corporation or a LLC that has an “Agent for Service of Process,” then you must serve the “Agent for Service of Process” that represents the Corporation/LLC at the “Agent for Service of Process” stated address

 Do not serve the corporation or LLC

o How to find if a business has an “Agent for Service of Process” and the Agent’s information:

 Secretary of State’s website

 http://kepler.sos.ca.gov/

o Make sure to perform both a Corporation search and a LLC search for the business

 Secretary of State’s phone number

 (916) 657-5448

 City’s Business Licensing Bureau  City or County Tax Assessor’s Office

Methods for Service:

 IMPORTANT! This topic is for both the Plaintiff and the Defendant (if the Defendant countersues). For simplicity, this topic is written with the assumption that you are the Plaintiff. If you are the Defendant and are countersuing, then you will follow the same

procedures to serve the Plaintiff except that the Defendant has different time requirements for serving the Plaintiff. For more information on Countersuing as the Defendant (especially for the different time requirements for serving), refer to the topic Defendant – How to

Countersue in this section

 Personal Service:

o Someone who is not a party member of the Small Claims and is 18 years or older may serve the papers on the Defendant

o Once service has been done, the person who serves the Defendant must fill out the

Proof of Service (Small Claims) (SC-104) and files it (by person or by mail) with the

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 Sheriff:

o A Sheriff may serve your claim for a fee o What the Sheriff Does:

 You inform the Sheriff of who to serve and the best times to perform service

 Generally, the Sheriff will attempt to serve up to 3 times

 If service is successful, then the Sheriff will fill out the service papers and inform both you and the courthouse of the successful service

o How to:

 File the Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100) [or the Defendant’s Claim and ORDER to Go to Small Claims Court (SC-120) if you are the Defendant and you are countersuing] at the correct courthouse

 Fill out the Sheriff Instruction Sheet (L-1176) and bring this sheet and the filed Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100) [or the Defendant’s Claim and ORDER to Go to Small Claims Court (SC-120) if you are the Defendant and you are countersuing] copies to the Sheriff’s office that serves the area where the Defendant is located

 Professional Process Server:

o For a fee, a Process Server will serve the Plaintiff's Claim and ORDER to Go to

Small Claims Court (SC-100) to the Defendant [or the Defendant’s Claim and

ORDER to Go to Small Claims Court (SC-120) to the Plaintiff if you are the

Defendant and you are countersuing] o Costs and methods varies

 More accommodating for special cases

o Must research and find Process Servers either online or through a phonebook

 Certified Mail by the Small Claims Clerk:

o For a fee, the Small Claims Clerk will send out a certified mail with the Plaintiff's

Claim and ORDER to Go to Small Claims Court (SC-100) to the Defendant [or the

Defendant’s Claim and ORDER to Go to Small Claims Court (SC-120) to the

Plaintiff if you are the Defendant and you are countersuing] for service

o Important! If the Defendant does not sign for the certified mail, then service HAS NOT been performed

 This method also works when serving an “Agent for Service of Process” who is representing an established Corporation or LLC

 Substituted Service:

o Important! You will need two copies of the filed Plaintiff's Claim and ORDER to

Go to Small Claims Court (SC-100) [or the Defendant’s Claim and ORDER to Go

to Small Claims Court (SC-120) if you are the Defendant and you are countersuing]

to perform each Substitute Service

o There are TWO STEPS to perform Substituted Service:

1. Someone who is not a party member of the Small Claims parties and is 18 years or older serves the papers to a competent person over the age of 18 at the Defendant’s home or place of work 25 days in county (or 30 days if out of county) before the trial date

a. When serving at a business, it is best to leave the papers to the person who is in charge of the business during normal business hours

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2. A copy of the forms needs to be mailed first class on the same day (if not, immediately the following day) to that address

o Substituted service is only completed ON THE 10th

DAY AFTER THE MAILING  HENCE, substituted service takes 25 days within county and 30 days outside

of county (rather than normal service of 15 days and 20 days respectively) o The person performing the service must fill out BOTH the Proof of Service (Small

Claims) (SC-104) and the Proof of Mailing (Substituted Service) (SC-104A) and

both forms need to be filed at the proper courthouse five days before the trial

If Service Is to Be Done to a Minor:

 If the Defendant is 11-years-old or younger:

o Service must be perform to the parent or guardian of the Defendant (or any person having the care or control of the minor)

 If the Defendant is between 12-years-old and 18-years-old:

o Service must be perform to both the Defendant and the parent or guardian of the Defendant (or any person having the care or control of the minor)

 IMPROTANT! For this, you must have at least two copies of the filed

Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100) [or the

Defendant’s Claim and ORDER to Go to Small Claims Court (SC-120) if

you are the Defendant and you are countersuing], one for the Defendant and one for the parent or guardian (or any person having the care or control of the minor)

Out-of-State Service:

 Under the Small Claims Act, service may ONLY be done OUTSIDE of California for: o Incidents involving Car Accidents, or

o Incidents involving real estate property, including rental issues

Amendments to the Small Claim:

 Changing a Defendant’s name can be done before or at the trial o Changing the Defendant’s name at the trial:

 You may ask the Judge to amend the party’s name at your trial

 CCP § 116.560(b)

o Changing the Defendant’s name before the trial:

 If service HAS NOT been performed and you have filed:

1. Fill out a new Plaintiff's Claim and ORDER to Go to Small Claims

Court (SC-100), make the necessary changes (preferably in Blue ink) and write “Amended” on the top and bottom of the first page of the

Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100) 2. Mail or bring this form in-person to the Small Claims Clerk at the

courthouse where the case is filed

o Important! Make sure that the Small Claims Clerk makes the necessary amendments

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o If you mail the form, then include an addressed selfstamped return envelope with your initial mailing of the form for the Courts to mail back the filed copies

 Important! You must wait for the amended copy to be mailed back so you can serve the amended claim on the Defendant(s)

 If service HAS been performed on any Defendant:

1. Fill out the Request to Amend Claim Before Trial (Small Claims)

(SC-114) or write a letter to ask for permission to change your claim

o File either one with the Small Claims Clerk

2. NOTE: A copy of Request to Amend Claim Before Trial (Small

Claims) (SC-114) or a letter must either be mailed or be personally

delivered to anyone who has been served

3. For those who have not been served, serve the “Amended” copy

 Change What You Have Asked for in Your Claim: o Depends on if service has been performed:

 If service HAS NOT been performed:

 On another copy of the filed Plaintiff's Claim and ORDER to Go to

Small Claims Court (SC-100), make the necessary changes

(preferably in Blue ink) and write “Amended” on the top and bottom of the first page

 Mail or bring this form in-person to the Small Claims Clerk

o If you mail the form, include an addressed selfstamped return envelope for the courthouse to mail back your filed copies

 You must wait for the amended copy to be mailed back to you before you serve the copies with the amended changes

 Important! Make sure that the Small Claims Clerk makes the necessary amendments

 If service HAS been performed on one of the Defendants:

 In addition to following what is stated in the above “If Service HAS NOT been performed,” you must re-serve each Defendant that you already served with the amended form

Defendant – How to Countersue:

 The Defendant may countersue the Plaintiff in the same case for an issue not related to the “same subject or event as the plaintiff’s claim.”

o CCP § 116.360 (a):

“The defendant may file a claim against the plaintiff in the same action [...] The claim need not relate to the same subject or event as the plaintiff's claim."

 To countersue, the Defendant files a Defendant’s Claim and ORDER to Go to Small Claims

Court (SC-120)

o The Defendant follows the same monetary caps as the Plaintiff (i.e. Defendant may sue only up to $5,000 or $7,500, depending on the identity of the Defendant(s))

 For more information, read the topic Who Are You (Legally Speaking) and How Much You May Sue For? in the section Filing a Small Claims (SC)

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o The Defendant follows the exact same procedures as the Plaintiff in filing the SC-120 at the same courthouse and serving the forms to the Plaintiff, EXCEPT

 The Defendant’s Claim and ORDER to Go to Small Claims Court (SC-120) must be served 5 days before the trial

 HOWEVER, if the Plaintiff served the Defendant less than ten days before the trial, then the Defendant must serve the Defendant’s Claim

and ORDER to Go to Small Claims Court (SC-120) one day before

the trial if the Defendant wants to countersue

o The Defendant may serve at the trial but the trial may be postponed

How to Challenge Venue:

 How to (two options):

o Option #1: Write a letter to the court

 Address the letter to the Judge (may use “Dear Judge”)

1. Write and explain in your letter why the Plaintiff’s choice of venue is incorrect and that you have mailed this letter to each

Defendant/Plaintiff that is named in the case

a. Include in your letter the case name and the case number 2. You must then send a copy of your letter to the Small Claims Clerk at

the courthouse and to each Defendant/Plaintiff that is named in your case

 If done correctly, then you do not need to appear at the trial

 If the Judge believes that the court location is correct and you are NOT present at the trial, then the Judge will postpone the trial for at least 15 days

 If the Judge believes that Plaintiff chose the wrong venue (court location) and you are not present at the trial, then the case will either be transferred or dismissed with/without prejudice

o If the case is dismissed without prejudice, then the Plaintiff may refile in the proper venue

o Option #2: Challenge the venue by objecting to the venue at the trial

 If the Judge decides that the Plaintiff’s choice of venue was proper, then the trial will proceed

 If the Judge decides that the Plaintiff’s choice of location is incorrect, then the Judge may either transfer the case to the proper venue or dismiss the case with/without prejudice

 If the case is dismissed without prejudice, then the Plaintiff may refile in the proper venue

 NOTE: The Defendant may choose to waive his/her right to challenge venue even if the Plaintiff chose the wrong venue (for example, the location may be convenient for the Defendant)

 NOTE: The Judge may change the venue if it will be more convenient for the parties and witnesses to attend the case at a different location

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Postponing:

 The Plaintiff or Defendant may postpone the trial

 How to:

o If service HAS NOT been done:

 File the Request to Postpone Trial (SC-150)

 Must be filed 10 calendar days before trial

 When filing, you must bring in all copies of Plaintiff's Claim and

ORDER to Go to Small Claims Court (SC-100) to have the date amended

o If service HAS been done:

 Fill out the Request to Postpone Trial (Small Claims) (SC-150) or write a letter to the Small Claims Clerk at the courthouse where the case will be held explaining why you need to change the court date

 File it 10 calendar days before the trial and pay the filing fee  ALSO, you must mail or personally give a copy to each party o What if it is now less than 10 calendar days before the trial

 IMPORTANT! Postponement will be granted only for emergencies:  How to:

1. Fill out the Request to Postpone Trial (Small Claims) (SC-150) or write a letter to the Small Claims Clerk at the courthouse where the case will be held explaining why you need to change the court date

o You must pay the filing fee

o You must provide a good reason why you are filing your request for postponement within 10 days before your trial

 Postponement may or may not be granted

2. ALSO, you must mail or personally give a copy of your postponement to each participant

I Am Unsure If My Small Claims Case Has Been Postponed:

 If you are unsure that your Small Claims case has been postponed and you have not heard back from the courthouse, then contact the Small Claims Clerk

o If you are still unsure, then show up to the case at the stated time

Dismissing:

 To dismiss a case, the Plaintiff must file the Request for Dismissal (CIV-110) before the trial o There is no fee associated with the Request for Dismissal (CIV-110)

o Alternatively, the case will be dismissed if either the Plaintiff does not show up or if both the Plaintiff and the Defendant do not show up

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Subpoena: Small Claims Subpoena and Declaration (SC-107):

 What Is a Subpoena:

o A subpoena is a writ or order to appear at a certain time and place to give testimony for a certain matter

o A subpoena may require a witness to produce documents under the witness’s control, obligating the witness to produce these documents by law

 A witness who fails to follow the subpoena orders may be held in contempt of court

 How to:

1. Fill out the Small Claims Subpoena and Declaration (SC-107) and file it with the Small Claims Clerk

2. You or anybody else will need to serve the Small Claims Subpoena and Declaration (SC-107), IN PERSON, to the witness

 Unlike the Plaintiff's Claim and ORDER to Go to Small Claims Court 100) or Defendant's Claim and ORDER to Go to Small Claims Court (SC-120), ANYONE over the age of 18 may serve the form

 IMPORTANT! DO NOT SERVE THE ORIGNAL Small Claims Subpoena

and Declaration (SC-107)

3. After serving, the original subpoena must be returned to the Court with the completed Proof of Service [the Proof of Service is a part of the Small Claims Subpoena and

Declaration (SC-107)]

 NOTE: If you are using the local form Small Claims Subpoena and

Declaration (L-0520), you do not need the Small Claims Clerk to issue you

the subpoena since it has already been issued for you

 Witness Fees for Being Subpoenaing:

o A Witness may ask for $35 per day plus 20 cents per mile each way

 Witness fees for law enforcement officers and government employees are higher

 If a Witness asks for fees, the Witness does not need to appear unless the required fees are paid and received

 The person who serves the subpoena should be prepared to pay the fees at the time of service in the event that fees are requested by the witness

 The Witness may request the fees at a later date before the trial

 If the Witness does not ask for fees, you do not have to offer them

 Signed Statements from a Witness:

o The Witness may provide a signed statement instead of showing up to a case o How to:

 The Witness writes his/her statement while doing the following:

 On the top of the first page, the Witness puts his/her contact information (address and phone number(s))

 On the bottom of each page the Witness includes:

o “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

o Under this statement, the Witness print’s his/her name, signs with his/her signature, and dates the page

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Authorization to Appear (SC-109):

 The Authorization to Appear (SC-109) tells the court that you are authorized to appear for a Plaintiff or Defendant in a small claims case

o IMPORTANT! A person cannot appear for the Plaintiff or Defendant if that person’s only job is to represent the Plaintiff or Defendant in Small Claims

 Lawyers may appear only as authorized by CCP § 116.530

 You may fill this form out if you are appearing the behalf:

o [NOTE: DOWN BELOW IS A PARTIAL LIST! PLEASE REFER TO THE

Authorization to Appear (SC-109) FOR A COMPLETE CRITERIA FOR EACH

OF THE FOLLOWING]  Corporation…  Partnership…  Other Business…

 Government Agency or Other Public Entity…  Sole Proprietorship…

 Plaintiff who was assigned to out-of-state active duty in the U.S. armed forces for more than 6 months after filing this claim…

 Defendant or Plaintiff who is in a jail, a prison, or another detention facility now…

 Owner of Rental Property in California…  Association…

 Husband or Wife and my spouse and I are both listed…  Other (explain)…

Preparing for the Day of Trial:

 Most Small Claims cases last for 10-30 minutes

 Write an outline for your presentation o This outline is for your own use

o Start with strongest arguments and work yourself downwards to the weakest argument

 Make and bring copies of all your court forms and Proof of Service(s)

 Make copies of contracts, records, receipts, documents, etc.

o Preferably, you should bring the original copy plus two copies to the case o Keep the original copy while providing the Judge and the Defendant(s) [or

Plaintiff(s)] the copies unless otherwise stated

 If applicable, produce pictures, draw diagrams, create detail boards for your presentations

 Have a timeline if relevant

 Witnesses at the trial: o Two options:

1. Witnesses may come in person, or

2. You may bring signed statements from witnesses

 Signed Statements from a Witness:

o The Witness may provide a signed statement instead of showing up to a case o How to:

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 On the top of the first page, the Witness puts his/her contact information (address and phone number(s))

 On the bottom of each page the Witness includes:

o “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

o Under this statement, the Witness print’s his/her name, signs with his/her signature, and dates the page

What If I Do Not Speak English Well?

 If you need an interpreter, than ask the Small Claims Clerk at least 1 week before your trial to check if the court provides interpreters

o If you qualify for a fee waiver, then some courts may provide an interpreter for free o If not, then you may have to arrange for an interpreter to come on your behalf at the

trial

 Work with your courthouse to arrange this

 DO NOT ask a child or a witness to be your interpreter

 If you have problems getting an interpreter, than you may have your trial delayed so you can get one

I Need Auditory Accommodation (Deaf, Hard of Hearing, Other):

 Ask the court’s ADA coordinator or Small Claims Clerk at least 1 week before your trial to arrange accommodations

o For more information:

 http://www.courts.ca.gov/1077.htm#ADA_Americans_with_Disabilities_Act_ Coordinators

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Day of Trial:

 Dress appropriately (try to dress like an attorney)

 Arrive approximately 30 minutes before your case (calm yourself down, use the restroom, etc.)

 Check if you are on the courtroom’s calendar for the day (generally, the calendar will be on or near the courtroom’s door)

 While inside the courtroom, wait for the Judge to call up your case

 Small Claims cases may be heard by: o A Judge

o Commissioner o Judge Pro Tem

 Judge Pro Tem is an Attorney who volunteers his/her time to hear Small Claims cases

 You may object to a Pro Tem hearing your case

 When your case is called up:

o Go to the table in front of the Judge

o Witnesses may come with you at this point o It is highly recommend that you stay unemotional

Presenting in Front of the Judge:

 You want to inform the Judge why you are there: o Summarize your claim

o Damages

o Why the other persons is at fault o How you did not create the problem

 Present Evidence when relevant

 The Judge may encourage mediation

o If so, then both parties will meet with a mediator

 If there is no mediation agreement, then both parties will go back in front of Judge

End of Trial and the Judgment:

 In most cases, the Judge takes the case under submission

o The Judge usually responds 1-2 weeks later through the mail

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KEY TERMS:

Judgment Creditor: The party (may be the Plaintiff or the Defendant) in whose favor a judgment has been awarded Judgment Debtor: The party (may be the Plaintiff or the Defendant)

against whom the judgment has been entered

For Additional Information:

 For more information, read What to Do After the Court Decides Your Small Claims Case (SC-200-INFO)

Judgment:

 IMPORTANT! A judgment cannot be collected until 30 calendar days have passed since the date of mailing of the Notice of Entry of Judgment (Small Claims) (SC-130 or SC-200)

 Once the judgment has been entered, both the Plaintiff and the Defendant will receive the

Notice of Entry of Judgment (Small Claims) (SC-130 or SC-200) in the mail stating who

won and/or lost

o Important! The date of mailing for the Notice of Entry of Judgment (Small Claims) (SC-130 or SC-200) will be stamped on the form itself

o Also, for certain counties, the judgment may be available online

 IMPORTANT! Once a judgment has been entered, the party in whose favor a judgment has been awarded is known as the Judgment Creditor while the party against whom the judgment has been entered against is known as the Judgment Debtor

 Unless the court orders otherwise, the judgment is due immediately and interest starts accruing on the judgment

 For the Debtor: o After 30 days,

 IF the Debtor:

 HAS NOT pay the judgment,

 HAS NOT request an installment payment plan for the judgment, or

 HAS NOT file an appeal

 THEN, the Debtor fills out and send the Judgment Debtor’s Statement of

Assets (Small Claims) (SC-133) to the Creditor to prevent the court from

ordering the Debtor to impose other penalties

 If the Debtor does not fill out and send the Judgment Debtor’s

Statement of Assets (Small Claims) (SC-133), then Creditor may file

the Application and Order to Produce Statement of Assets and to

Appear for Examination (SC-134)

o NOTE: If the Debtor fills out and sends the Judgment Debtor’s

Statement of Assets (Small Claims) (SC-133), then the

Creditor may still file the Application and Order for

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 For the Creditor:

o The Judgment Debtor has 30 days from the date of mailing of the Notice of Entry of

Judgment (Small Claims) (SC-130 or SC-200) to pay, to establish a payment plan, or

to file an appeal

 After 30 days, the Creditor can start collecting if the Debtor has not paid the judgment, has not established a payment plan, or has not filed for an appeal o If the Creditor does not know any information concerning Debtor’s assets:

 Then the Judgment Creditor may take the Debtor to a Debtor’s Exam by filing an Application and Order to Produce Statement of Assets and to Appear for

Examination (SC-134)

 NOTE: If the Debtor fills out and sends the Judgment Debtor’s

Statement of Assets (Small Claims) (SC-133), then the Creditor may

still file the Application and Order for Appearance and Examination (EJ-125)

 In addition, the Creditor may file the Small Claims Subpoena and

Declaration (SC-107) after filing the Application and Order to Produce Statement of Assets and to Appear for Examination

(SC-134) to have the Debtor produce his/her financial records or other documents at the Debtor’s Exam

Filing an Appeal:

 Appeal Trial (aka Trial de Novo)

o Both parties return back to court to present their case

o An appeals trial treats the first trial has if it never had happened o Important! The decision for an appeal is FINAL!!!

o IMPROTANT! Both parties are allowed legal representation (lawyers) for an appeal trial

"WHO CAN FILE AN APPEAL?" Defendant: Must have lost

Plaintiff:

Must have been countersued AND must have lost the countersuit

 Why the Plaintiff cannot file an Appeal unless if the Plaintiff lost a countersuit: o When filing the Plaintiff's Claim and ORDER to Go to Small Claims Court

(SC-100), the Plaintiff signs away his/her right to appeal except for when he/she lost a countersuit against the Defendant

 To file an appeal:

o File the Notice to Appeal (SC-140) within 30 calendar days from the date of mailing of the Notice of Entry of Judgment (SC-130 or SC-200)

o The Small Claims Clerk will send a notice to the other party at least 14 days prior to the appeals trial

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The Appeal Trial:

 The case will be heard all over again as if the first case has never happened

 The judgment in an appeals trial is FINAL

 Both parties should present all their evidence and witnesses again

 Either side may have attorneys present

o The Judge may award $150 in attorney fees and an additional $150 for extra expenses occurred in the appeal process

o Additionally, the Judge may award $1000 in attorney fees and an additional $1000 for extra expenses occurred in the appeal process if you or your lawyer can prove that one of the following occurred…

 …The losing party filed an appeal without strong support for their position;  …The losing party intends to harass or delay the other party; or

 …The losing party filed the appeal to encourage the other party to abandon the case

 After winning an appeal, you may start collecting immediately

o NOTE: If you were awarded a monetary judgment, then there is no 30-day waiting period

Default Judgments and Appeals for Default Judgments: Key Terms:

With Prejudice: CANNOT re-file the same

case Without

Prejudice: CAN re-file the same case

 If the Plaintiff DOES NOT appear at the Small Claim trial,

o Then the case will be dismissed (either with or without prejudice)

 If the Defendant DOES NOT appear at the Small Claims trial,

o Then the Judge may grant the Plaintiff a default judgment against the Defendant

 If the Defendant DOES appear and loses the Small Claims trial,

o Then the Defendant may appeal by filing the Notice to Appeal (SC-140)

 This form must be filed within 30 calendar days of the date of mailing for the

Notice of Entry of Judgment (SC-130 or SC-200)

 The Small Claims Clerk will send a notice of the court date to the other party at least 14 days prior to the appeals trial

 If the Defendant DOES NOT appear at the trial and there is a Default Judgment against the Defendant:

o The Defendant may ask the Small Claims Court to vacate or set aside the default judgment

 If the Defendant was properly served:

 The Defendant must file a Notice of Motion to Vacate Judgment and

Declaration (SC-135) with the Small Claims Clerk within 30 days

after the date of mailing of the Notice of Entry of Judgment (SC-130 or SC-200)

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o The Defendant will go in front of a Judge to explain his/her case

 If the Defendant was NOT properly served:

 The Defendant has up to 180 days after learning (or should have learned) that a judgment was entered to file the Notice of Motion to

Vacate Judgment and Declaration (SC-135)

 To make this request, the Defendant must:

1. File the Notice of Motion to Vacate Judgment and

Declaration (SC-135) and explain why he/she did not appear

at the trial on the form

2. A Judge may hear your case right then or the Small Claims Clerk may schedule the trial at another time

 The Defendant should be prepared to present his/her evidence to the Judge for why he/she could not make the original trial date

 At the trial resulting from the Notice of Motion to Vacate Judgment

and Declaration (SC-135), the Judge will determine if there exist good cause for the Defendant not appearing at the first trial

 If this motion is denied, the Defendant has 10 days from the date of mailing of the notice of denial to request a review of the denial

 The request is accomplished by filing a Notice of Appeal (SC-140) to challenge the denial

o Make sure to mark the box for “denial of the motion to vacate the small claims judgment” on the Notice of Appeal (SC-140)

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COLLECTING:

Correcting a Judgment and Interest on

a Judgment

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KEY TERMS:

Judgment Creditor: The party (may be the Plaintiff or the Defendant) in whose favor a judgment has been awarded Judgment Debtor: The party (may be the Plaintiff or the Defendant)

Your Judgment Does NOT State the Judgment Debtor’s Correct Name:

 You may request the court to amend the judgment to include both the correct legal name and any names used by the Judgment Debtor

o Check CCP § 116.560(b)

Correcting the Judgment Debtor’s Name on a Judgment If There Is a Clerical Error:

 Fill out the Request to Correct or Cancel Judgment and Answer (SC-108) o Make sure to indicate that you are asking to correct the judgment o Identify the clerical error and explain why you want to correct the error

 If you have additional documents to support your claim, then write “exhibits are attached” as part of your explanation for the SC-108 and attach the documents to the SC-108

o File the SC-108 and any attachments to the Small Claims Clerk within 30 calendar days after the Small Claims Clerk mails the Notice of Entry of Judgment (SC-130 or SC-200)

o The Debtor has 15 days to reply by mail  The Debtor may request a trial

 Depending on the actions of the Debtor:

 The court may schedule a trial to discuss the matter

 If the Debtor does not file an answer within 15 days, then the Judge may grant the request

 If there has been no reply from the courts after a week, then contact the Small Claims Clerk

Correcting the Judgment Debtor’s Name on a Judgment If There Is NO Clerical Error:

 Check to see if the courthouse has a local form for this. If not, then fill out the Request for

Court Order and Answer (SC-105) and explain that you want to change the name on the

judgment while indicating that you have good reason for the proposed change and that the change will support the interests of justice.

o If you have additional documents to support your claim, then write “exhibits are attached” as part of your explanation for the SC-105 and attach the documents to the SC-105

o File the SC-105 and any attachments to the Small Claims Clerk

o The Judge may either mail a decision to you or hold a hearing to discuss the name change

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Post Judgment Interest:

 Interest is 10% per year not compounded and only applicable to the unpaid portion of the judgment

o When the Judgment Debtor pays a portion of the judgment, the money is applied first to the unpaid interest and then to the unpaid principal

o Important! If the court allows the Debtor an installment plan and the Judgment Creditor does not reject to the installment plan, then the Creditor may lose the right to collect interest

 Interest begins to accrue on the mailing date of the Notice of Entry of Judgment (SC-130 or SC-200)

o CCP § 685.020

 Also, interest accrues during the time it takes for an appeal

 To figure out the interest for each day: o (0.1 / 365) * x = Interest

 [x=days since the date of mailing for the SC-130 or SC-200]

 Exception:

o In eminent domain cases, the Court establishes the date on which interest accrues on a money judgment

 See County of Los Angeles v. Borbeer, 158 Cal. App. 2d 804, 809

 Does interest accrue after an installment plan has been granted by the court? o NO UNIFORMED answer exists:

 HOWEVER, most statutory and case law support the conclusion that interest DOES NOT continued to accrue to the full judgment amount when

installments have been granted

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COLLECTING:

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KEY TERMS:

Judgment Creditor: The party (may be the Plaintiff or the Defendant) in whose favor the judgment has been awarded Judgment Debtor: The party (may be the Plaintiff or the Defendant)

For Additional Information:

 For more information, read What to Do After the Court Decides Your Small Claims Case (SC-200-INFO) and Payments in Small Claims Cases (SC-220-INFO)

 For a list of exemptions that the Judgment Creditor cannot collect from the Judgment Debtor, read Exemptions from the Enforcement of Judgments (EJ-155)

Options for the Judgment Debtor:

 Pay the Judgment to the Judgment Creditor: o Pay the Judgment Creditor

o Make sure you have proof that you pay the Creditor in full

o If the Creditor is satisfied with the payment, then the Creditor needs to fill out and file the Acknowledgement of Satisfaction of Judgment (SC-290) with the courthouse

 This will end the case

o HOWEVER, if the Creditor does not file the Acknowledgements of Satisfaction of

Judgment (SC-290) with the courthouse, then the Judgment Debtor may file a Declaration and Order of Satisfaction of Judgment (L-1070) [NOTE: this is a local

form for Orange County] with the courthouse

 If proper proof of payment is provided (ex. A cash receipt signed by the Creditor), then the Small Claims Court may enter an Acknowledgement of

Satisfaction of Judgment (SC-290) at the request of the Debtor

o ADDTIONALLY, if the Creditor does not file the Acknowledgement of Satisfaction

of Judgment (SC-290) after the Debtor pays off the judgment, then the Debtor may

sue the Creditor for damages that incurred for failure to do so plus a $50 penalty  CCP § 116.850

 To perform this, the Debtor must send a letter to the Creditor by certified mail with return receipt informing the Creditor that the law requires the Creditor to file the Acknowledgment of Satisfaction of Judgment (SC-290) within 14 days of receiving payment

 Pay the Entire Judgment to the Court: o How to:

 File the Request to Pay Judgment to the Court (SC-145) 1. Pay the filing fee

2. Pay the entire judgment including the interest up to this point to the court

o Benefits:

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 May be used if you cannot find the Creditor  Resolves the matter immediately

o After payment, the Court is responsible for completing and entering the

Acknowledgement of Satisfaction of Judgment (SC-290)

 Pay in Installment Payments:

o If granted, the court may order that the Judgment Debtor may not have to pay interest on the judgment

o The Debtor should ask if the Creditor is willing to accept installment payments o If the Creditor wants the full amount and the Debtor cannot pay it off, or if both

parties cannot agree on an installment payment plan:

 Then the Debtor can fill out and file the Request to make Payments (SC-220) and the Financial Statement (EJ-165) with the Small Claims Clerk

o If granted, then both the Request to Pay Judgment in Installments (SC-220) and the

Financial Statement (SC-165) will be mailed to the party members

 At this point, the Creditor may either oppose the installment request or agree to the request

o If the Debtor does not pay the payment in full on time, then either interest on the missed payment or the entire unpaid balance may become due and collectable

How a Judgment Debtor Can Protect Certain Assets:

 For a list of exemptions, read Exemptions from the Enforcement of Judgments (EJ-155)

 Protecting Property or Income from Collection:

o May be possible for the Judgment Debtor to protect certain assets that are deemed as “necessities of life,” such as one’s house, furniture, clothes, car (within certain price limitations), certain other personal property, and all or a portion of one’s earnings

 In addition, worker’s compensation, unemployment, pension, social security, welfare, or insurance payments are protected and cannot be taken to satisfy a judgment (CCP § 703 & CCP § 704)

 Some assets are automatically protected, others are not and must be asked from the court to protect them

 To Attempt to Protect These Assets:

1. The Debtor must file the Claim of Exemption (EJ-160) and the Financial Statement (EJ-165) within 10 days after he/she receives the notice that the Judgment Creditor is taking action to enforce a judgment (often indicated by receiving the Notice of Levy)

 The Debtor lists all property that is believed to be exempt

 For a list of exemptions, read Exemptions from the Enforcement of

Judgments (EJ-155)

 If enforcement action is taken against earnings, then list all income and expenses

2. After filing both forms, the Debtor turns in the Claim of Exemption (EJ-160) to the Levying Officer in your case

 The Levying Officer will hold on to property or money until one of the following occurs:

1. Ten days go by and the Creditor does not oppose to your claim of exemption, or

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2. The Judge makes a decision at the hearing on the claim of exemption

 If the Creditor does not oppose the Debtor’s claim of exemption, then the Levying Officer will return the property or money to the Debtor

 If the Creditor opposes the claim of exemption, then the Debtor will receive the Notice of Opposition to Claim of Exemption (EJ-170), the Notice of

Hearing on Claim of Exemption (EJ-175), and a trial date to go in front of a

Judge

 At the trial, the Judge will make the final decision

Judgment Debtor’s Rights: Protection Against Prohibited Debt Collection Practices

 Judgment Debtors have rights from certain abusive or unfair debt collection tactics o Judgment Creditors, including collecting agencies, CANNOT:

 Make false or misleading statements to collect a consumer debt,  Cannot harass the Debtor,

 Request more than basic location information about the Debtor from another person,

 Tell the Debtor’s employer or others that the Debtor owes a debt (except in the course of wage garnishment proceedings),

 Contact the Debtor before 8:00 a.m. or after 9:00 p.m. or at any inconvenient time or place

 If you have any questions or concerns regarding permissible debt collective activities: o Call Federal Trade Commission’s Los Angeles Regional Office

 You may file a complaint at the Federal Trade Commission website

 <www.ftc.gov> o Consult an attorney

o Contact a Small Claims Adviser

 The Fair Debt Collection Practices Act (FDCPA)

o Establishes protection from Debt Collectors and Lawyers o FDCPA protects the debts of:

 Personal, family, household, car, medical care, retail financing, first and second mortgages, and money owed on credit card accounts

o More information may be found at:

<http://www.expertlaw.com/library/consumer/fairdebtcollection.html#2>

If the Judgment Creditor Does Not File the Acknowledgement of Satisfaction after the Judgment Debtor Pays the Judgment:

 If the Judgment Creditor does not file the Acknowledgement of Satisfaction of Judgment (SC-290) after the Judgment Debtor pays off the judgment, then the Debtor may sue the Creditor for damages that incurred for failure to do so plus a $50 penalty

o CCP § 116.850

o To perform this, the Debtor must send a letter to the Creditor by certified mail with return receipt informing the Creditor that the law requires the Creditor to file the

Acknowledgment of Satisfaction of Judgment (SC-290) within 14 days of receiving

Small Claims Ultimate Guide (SCUG)