1. What Is Form SC-100?
Form SC-100, also known as the Plaintiff’s Claim and Order to Go to Small Claims Court, is the primary document required to initiate a small claims case in California. By completing and submitting this form, the plaintiff formally files their claim against the defendant in California Small Claims Court.
2. Who Should Use Form SC-100?
Form SC-100 is used by individuals or businesses to:
- Sue for money owed, such as unpaid debts, wages, or invoices.
- Resolve disputes involving property damage or breach of contract.
3. Key Information Required on Form SC-100
1. Plaintiff’s Information
- Your full name or business name.
- Contact details, including address and phone number.
2. Defendant’s Information
- The defendant’s full name or business name.
- Address where they can be served.
- If suing a business, identify its legal structure (e.g., corporation, LLC, or sole proprietorship).
3. Claim Details
- Amount you are suing for (maximum $10,000 for individuals or $5,000 for businesses).
- A concise explanation of why you are suing the defendant (e.g., “unpaid loan,” “property damage”).
4. Hearing Information
- The court location where the case will be heard.
- Ensure you select the correct jurisdiction based on where the defendant lives, works, or the dispute occurred.
5. Signature
- Your signature or that of an authorized representative if filing on behalf of a business.
4. How to File Form SC-100
Step 1: Complete the Form
- Download Form SC-100 from the California Courts website.
- Fill out the form electronically or print it and complete it by hand.
Step 2: Determine the Correct Court
- File your claim in the Small Claims Court located in the jurisdiction where the defendant resides, works, or where the incident occurred.
Step 3: File the Form
- Submit the completed Form SC-100 to the court clerk in person or by mail. Some courts allow online filing; check with your local court.
- Pay the filing fee, which ranges from $30 to $75, depending on the claim amount.
Step 4: Serve the Defendant
- Serve the defendant with a copy of the filed Form SC-100 using:
- Certified Mail (arranged by the court).
- Personal Service (by a process server or sheriff).
- File proof of service with the court.
Step 5: Attend the Hearing
- Be prepared to present evidence and explain your case on the scheduled court date.
5. Filing Fees for Form SC-100
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $30 |
| $1,501–$5,000 | $50 |
| $5,001–$10,000 | $75 |
6. Tips for Completing Form SC-100
- Double-Check Defendant Details: Ensure names and addresses are accurate to avoid delays.
- Provide Clear Reasons for Your Claim: Be concise and specific in your explanation.
- Attach Supporting Documents: Include copies of contracts, invoices, or other relevant documents if required by your court.
- File on Time: Ensure your claim is filed within the statute of limitations for your case type.
- Follow Up: Confirm that the defendant has been served correctly.
Frequently Asked Questions (FAQs)
1. Where can I get Form SC-100?
You can download the form from the California Courts website or obtain it at your local courthouse.
2. How much does it cost to file Form SC-100?
Filing fees range from $30 to $75, depending on the claim amount.
3. Can I file Form SC-100 online?
Some courts in California offer online filing for small claims. Check with your local court for availability.
4. What happens if I fill out Form SC-100 incorrectly?
Errors may delay your case or result in dismissal. Double-check the form before filing, or seek assistance from the court clerk.
5. Do I need to serve the defendant after filing Form SC-100?
Yes, the defendant must be served with a copy of the filed form using an approved method.
6. What if I don’t know the defendant’s exact address?
You must make a reasonable effort to locate the defendant’s current address. Court staff may provide guidance.
Conclusion
Form SC-100 is the first step to filing a small claims case in California. By completing it accurately and following the proper filing and service procedures, you can ensure your case proceeds smoothly. For additional help, visit the California Courts website or contact your local courthouse.