The purpose of this assignment is for you to learn how to file a small claims la
ID: 397364 • Letter: T
Question
The purpose of this assignment is for you to learn how to file a small claims lawsuit. As discussed in class, small claims court is a great way for people to be able to resolve their differences over relatively small amounts of money at little cost to either party. The idea behind having such hearings is that there should be a cheap and easy way for people to be able to get a judge to rule on any given dispute.
All you have to do for this assignment is describe how you would file a small claims lawsuit in the event you ever had to. In the future if you ever have any business disputes in your personal life you will have benefited by doing this assignment because you will know exactly what you need to do to file a small claims suit. You will also know what to do in the event you are ever sued in small claims court.
You may use the San Mateo County or Santa Clara County Courts, or any other court in California. Please specify which court you are using in your paper.
Answer ALL of the following questions:
A) Where do you obtain the form you need to file a small claims suit against another person. Attach a copy or link to a website of this form to your paper.
B) In your own words, summarize the steps to file a small claims suit in Santa Clara County. Here are some questions you should answer in your paper:
• What are the legal requirements for Small Claims Court?
• Where does one file such an action? With whom? What hours?
• What topics does a small claims suit include?
• What is the age limit, if any, to file a claim?
• What is the dollar limit one can sue for?
• What specific papers must be filed? How much does it cost to file?
• Can an attorney be present at your appearance? Why or why not?
C) Explain what you learned from this assignment.
Your paper should be typed in Times New Roman 12-point size fonts, 1-inch margin all around, double-spaced, and about 3-5 pages NOT including cover, title, or references.
Explanation / Answer
A) Superior court of California provides form to file a small claim case on its website.
B) 1)Legal requiremnets : claim must be less than $10,000. a claimant can’t file more than two small claims court actions for more than $2,500 anywhere in this state during any calendar year. Atttorneys are not allowed, people have to represent themselves in court.
2) The person who want to file a case is plaintiff. He has to fill the reuqired form and then make copies of all the pages of the form. One copy for each party named in the form and one for plaintiffhimself. Mail the copies and original to court cleark's office and the clerk will write the date of trail in a box present in teh form.
3) Topics covered under small claim suit : civil cases not involving claims amount more than $10,000. breach of written or verbal contract, landlord-tenant matters tec.
4)no
5) upto limit of $10,000
6) No attorneys are not allowed in small claim cases in sant clara county court.
C) What is small claim case. How it can filed and for what claims.
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