1. What Is Form SC-100?
Form SC-100, Plaintiff’s Claim and Order to Go to Small Claims Court, is the official form used in California to file a small claims case. This form initiates your lawsuit and informs the defendant of the claim, including the amount you are seeking and the reason for the dispute.
2. Purpose of Form SC-100
- Notify the Defendant: Provide details of your claim to the party you’re suing.
- Initiate Legal Action: Formally start the small claims process in California courts.
- Set the Court Date: Include a notice for the defendant to appear in court.
3. Key Sections of Form SC-100
1. Plaintiff Information
- Your name, address, and contact information.
2. Defendant Information
- The name and address of the person or business being sued.
3. Claim Details
- The amount you are claiming.
- A brief explanation of why the defendant owes you money or damages.
4. Court Information
- The court where the case will be heard (usually in the county where the defendant resides or where the dispute occurred).
5. Service Information
- Details on how the defendant will be served with court papers.
4. Steps to Complete and File Form SC-100
Step 1: Download the Form
- Obtain Form SC-100 from the California Courts website: Download SC-100.
Step 2: Fill Out the Form
- Section 1: Provide your name and contact information as the plaintiff.
- Section 2: Enter the defendant’s full name and address.
- Section 3: Specify the amount you’re claiming and the reason for the dispute.
- Section 4: Identify the court location.
- Section 5: Sign and date the form.
Step 3: File the Form
- Submit the completed form to your local small claims court in person or by mail.
- Pay the required filing fee based on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $30 |
| $1,501–$5,000 | $50 |
| $5,001–$10,000 | $75 |
Fee waivers are available for eligible individuals.
5. Serving the Defendant
The defendant must be served with a copy of Form SC-100 and other required documents. Approved methods of service include:
- Certified Mail: Arranged by the court clerk.
- Personal Service: Delivered by a process server or an adult not involved in the case.
6. What Happens Next?
- Defendant’s Response: The defendant has the opportunity to respond to your claim in court.
- Court Hearing: Both parties present their cases, and the judge makes a decision.
- Judgment: If you win, the court may order the defendant to pay the amount claimed.
7. Frequently Asked Questions
Q1: Can I file Form SC-100 online?
Some counties in California offer online filing options. Check with your local court.
Q2: How long does it take to get a court date?
Court dates are typically scheduled within 30–90 days after filing.
Q3: What if I don’t know the defendant’s address?
You must locate the defendant to serve them the claim. Consider using a private investigator or other resources.
Q4: Can I amend my claim after filing?
Yes, you can amend your claim, but additional fees may apply, and you must notify the defendant of the changes.
Q5: What happens if the defendant doesn’t show up?
The court may issue a default judgment in your favor if the defendant fails to appear.
8. Tips for Success
- Be Accurate: Ensure all information on the form is correct and complete.
- Provide Clear Details: Clearly explain why you’re filing the claim and the amount you’re seeking.
- Organize Evidence: Prepare contracts, receipts, photos, and other supporting documents for the hearing.
9. Conclusion
Form SC-100 is your first step in pursuing a small claims case in California. By completing the form accurately and filing it properly, you can begin the process of resolving your dispute efficiently in small claims court.
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