Filing a Plaintiff’s Claim and Order to Go to Small Claims Court is the first step in pursuing a small claim. This form, often called Form SC-100 in California, is used to outline your case, identify the defendant, and initiate the court process. Whether you’re seeking repayment for a debt, property damage, or a contract dispute, this guide explains how to complete and file the form, ensuring your case proceeds smoothly.
1. What Is the Plaintiff’s Claim and Order to Go to Small Claims Court?
This legal document serves two purposes:
- Plaintiff’s Claim: Summarizes the nature of the dispute, the amount claimed, and the evidence supporting your case.
- Order to Go to Small Claims Court: Notifies the defendant of the lawsuit and orders them to appear in court on the assigned date.
2. When to Use This Form
Use the Plaintiff’s Claim and Order to Go to Small Claims Court form if:
- You are filing a case in small claims court.
- Your claim involves monetary damages within the jurisdiction’s limits (e.g., $10,000 in California).
- The defendant is an individual, business, or organization you are suing.
3. How to Obtain the Form
The form is available:
- Online at your state or local court’s website (e.g., California Courts).
- In person at the courthouse’s small claims division.
4. Completing the Form
Follow these steps to complete the Plaintiff’s Claim and Order to Go to Small Claims Court:
Section 1: Plaintiff and Defendant Information
- Your Information (Plaintiff): Provide your name, address, and contact details.
- Defendant’s Information: Accurately list the name and address of the person or business you’re suing. For businesses, include their legal name and business license information.
Section 2: Description of the Claim
- Amount Claimed: Specify the exact dollar amount you are seeking.
- Reason for the Claim: Briefly describe why you’re suing, such as unpaid debts, property damage, or breach of contract.
Section 3: Court Location
- Indicate the court’s name and address where the case will be heard. The correct location is usually where the defendant lives, works, or where the dispute occurred.
Section 4: Hearing Details
- Leave this section blank—court staff will fill in the hearing date and time.
Section 5: Verification and Signature
- Sign and date the form to verify the information is accurate to the best of your knowledge.
5. Filing the Form
Step 1: Submit the Form to the Court Clerk
- File the completed form with the small claims court clerk.
- Pay the filing fee, which ranges from $30 to $200 depending on the amount claimed.
Step 2: Receive a Case Number and Hearing Date
The court clerk will assign a case number and provide the hearing date, which will be included on the Order to Go to Small Claims Court.
6. Serving the Defendant
The defendant must receive a copy of the Plaintiff’s Claim and Order to Go to Small Claims Court. Accepted methods of service include:
- Personal Service: Delivered by a neutral third party, such as a process server.
- Certified Mail: Sent by the court clerk with proof of delivery.
- Sheriff’s Service: Delivered by a sheriff for a fee.
You must file a Proof of Service Form (SC-104) with the court to confirm the defendant was served.
7. Preparing for Your Hearing
Organize Evidence
- Collect contracts, receipts, photos, emails, and other relevant documents.
- Arrange your evidence in chronological order for clarity.
Practice Your Argument
- Prepare a concise explanation of your case.
- Anticipate possible defenses from the defendant and rehearse your responses.
8. Common Mistakes to Avoid
- Incorrect Defendant Information: Ensure you list the defendant’s name and address accurately.
- Incomplete Forms: Double-check all sections before submitting the form.
- Late Filing or Service: Meet all deadlines to avoid delays or dismissal.
Frequently Asked Questions (FAQs)
1. How much does it cost to file a Plaintiff’s Claim in small claims court?
Filing fees range from $30 to $200, depending on the claim amount and jurisdiction.
2. Can I file the form online?
Many courts allow e-filing; check with your local courthouse for availability.
3. What happens if I file the form in the wrong court?
Your case may be dismissed or delayed. Ensure you file in the correct jurisdiction.
4. Can I serve the defendant myself?
No, the defendant must be served by a neutral third party, such as a process server or sheriff.
5. Do I need an attorney to file this form?
No, small claims court is designed for self-representation, but you can consult a lawyer for advice.
6. What if the defendant doesn’t show up?
If the defendant fails to appear, the court may issue a default judgment in your favor.
Conclusion
Filing a Plaintiff’s Claim and Order to Go to Small Claims Court is the first step in resolving disputes efficiently and affordably. By completing the form accurately, filing it properly, and serving the defendant on time, you can ensure your case proceeds without unnecessary delays. Whether you’re addressing unpaid debts or property damage, small claims court offers a simple path to justice.