Q: We have a lot of questions because we are filing a small claims court case, and the other party (a contractor) says he is going to counter sue. So, how do we go about filing, serving, dealing with his claim, submitting our records, witnesses, all that? Also, what about appeals?
Y.R., Redondo Beach
A: First, in your web browser go to the county where you reside, type in “Small Claims Court basics” or a similar phrase, as each county may have some differences on how paperwork is filed (often e-filed nowadays), what and when you submit records to the court, and how you may keep track of the matter. You also want to check to be sure you have a proper court location for the case (i.e., the right venue).
For your review, here are two helpful links you can find online that provide details about small claims, the process and the “how to”: dcba.lacounty.gov/portfolio/how-to-sue-in-small-claims-court and selfhelp.courts.ca.gov/small-claims-california.
If the links do not work for you, type in key phrases in your web browser, such as “California Courts, self-help, Small Claims Court,” or “California, Small Claims Court, Basics.”
As the party who brings the small claims case (plaintiff), you cannot appeal if you lose; the defendant can if he or she loses on your claim. But if you lose on the contractor’s counter-claim, you can appeal that judgment. There is a limited time frame to file the appeal (keep track of it).
Further, an appeal is handled “de novo,” that is, heard all over again by someone else. You can have an attorney represent you on an appeal (but you cannot be represented by a lawyer at the initial small claims hearing). Note, there is a penalty if a party appeals but the court concludes the appeal was primarily for delay.
Many counties have a small claims court adviser you can call during weekday business hours. In Los Angeles County, the phone number is 213-974-6350; in Orange County, the phone number is 714-571-5277. While the advisers cannot provide legal advice, they can give you guidance on forms, processes and basics.
To start the case, there is a pre-printed form you fill out and file (often you can e-file through a company, and the court’s website may provide some suggested vendors). Service of your claim on the defendant is necessary (there are options on how to serve), and you are to do so within a period of time before the hearing, with the proof of service timely filed with the court. Many of these particulars can be found online, such as at the links above or similar resources.
And, again, if you get stuck, or are not sure of what to do, give a call to the small claims court adviser.
One example: Let’s say the hearing date is not good for you and you need to continue it. There is likely a form you fill out, file with the court and serve (e.g., by mail) on the other party. Keep track of the court’s acting on your request.
It is important to prepare your case well.
Live witnesses tend to be better than sworn, signed statements, but signed statements (under penalty of perjury) may help compared to your simply arguing without any other support. It also is important to have your records organized, indexed and ready to provide to the court, as well as to your opponent (check to learn when you are to provide them to the court and to the other party). Some courts now require a settlement effort by the parties on a date before the hearing, or give the parties a mediation (settlement effort) option to choose; again, check the rules in your county.
When you are to submit your records to the court (and to the other side) is particularly important if you appear remotely. Many do not go to the court for a hearing nowadays, but participate through a remote link that the court provides.
Here, then, is a bottom line quote from the self-help link above: “The small claims process is an easier way to take someone to court. It’s for you when you think the other side owes you less than $10,000 (or $5,000 if you’re suing as a business).”
You may find that your hearing is going to be conducted by a judge pro tem (a temporary judge). Typically, this is a lawyer. You are not required to agree to have the hearing conducted by that person, but if you choose not to stipulate to the judge pro tem, there will be a time delay in getting the matter submitted to an actual, sitting judge. In fact, the hearing may then be delayed to another date.
There are television shows that give a sense (at times over the top) of what small claims court is like. In my experience, the key is to be professional, courteous, well prepared and credible. Making faces, interrupting the other party, giving the court a mishmash of items, does not work well at all. While small claims court is meant for lay people, there are aspects of how to conduct yourself that are very similar (even identical) to how attorneys are to behave in court. It also is not unusual to be nervous, at least before or when you start the hearing; however, that often goes away quickly.
Bottom line: You deserve your day in court — take advantage of it. Resources are available to guide you through. Prepare well, and stand tall.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.