|
San Mateo Courts - Small Claims
Small Claims Court Checklist
For Plaintiff
- Contact the other
party to discuss and try to resolve the problem.
- Try mediation
or other informal dispute resolution services.
- Familiarize yourself
with Small Claims Court procedures (read this WWW site, attend a Free Live Workshop: Your Guide to Small Claims Court.
- Determine exact
amount in dispute.
- Identify court
where venue is proper.
- (a) File claim
form and pay filing fee (Form: Plaintiff's Claim and Order to Defendant),
or (b) if you are a business, file Fictitious Business Name Declaration
if appropriate.
- Arrange for service
of process on each defendant (Make sure Proof of Service form returned
to court before hearing; make sure minimum days of notice met).
- Prepare for court
(organize thoughts, collect evidence, talk to witnesses).
- Keep communication
open; try to resolve dispute with other party before hearing.
- If possible,
attend a court hearing in the location where your hearing will take
place to observe the process.
- Attend hearing
and present your case.
For Defendant
- Contact plaintiff
to discuss and try to work out dispute.
- Suggest or agree
to try mediation or other informal dispute resolution methods.
- Familiarize yourself with Small Claims Court procedures (read this WWW site, attend a Free Live Workshop: Your Guide to Small Claims Court.
- If you have a
claim against the plaintiff, consider resolving it at same hearing
(File: Defendant's Claim and Order to Plaintiff).
- Prepare for court
hearing (organize thoughts, collect evidence, consult witnesses, etc.)
- Keep communication
open; try to resolve dispute before hearing.
- If you owe something,
try to either pay it or work out payment plan before hearing.
- If necessary,
ask court to postpone hearing to let you and plaintiff resolve dispute
informally.
- Try to avoid
court judgment from being entered against you, since it may appear
on your credit record.
- If possible,
attend a court hearing in the location where your hearing will take
place to observe the process.
- Attend hearing
and present your defense.
After the Hearing:
Plaintiff and Defendant
- Obtain Notice
of Entry of Judgment form (in Small Claims Court).
- (a) If plaintiff
or defendant didn't attend the hearing for good cause, file Notice
of Motion to Vacate Judgment and Declaration to request new hearing
by small claims court; and (b) If judgment issued against defendant
who appeared at hearing, file Notice of Appeal to request new hearing
by superior court.
- Judgment debtor:
(a) Take action to comply with judgment (pay judgment creditor directly
or make payment to court); and (b) After payment, make sure Acknowledgment
of Satisfaction of Judgment filed by judgment creditor with small
claims court.
- Judgment creditor:
(a) File Acknowledgment of Satisfaction of Judgment with small claims
court after judgment satisfied; or (b) Take steps to collect judgment.
|
