Frequently Asked Questions
Demand Letters
What makes JusticeDirect's demand letters different from others?
- Customizable: You can customize your demand letter by answering simple questions about your case.
- Professional: It is written in a professional format that the other party will be more likely to take seriously.
- Fast: It usually takes 10 minutes to create a customized letter from your phone or computer.
- Affordable: Building the letter is completely free, and for a small fee, you can have it printed and sent through USPS Certified Mail with tracking with a single click from your phone or computer.
Is a demand letter something to take seriously?
Absolutely! It shows you’re serious and determined to get the money you’re owed. Many people get paid after they send a demand letter and avoid having to go to court. It explains why someone owes you money, what you want them to do, and when they need to do it by. If they don’t take action, you could take legal action against them.
Do I have to send a demand letter before I take someone to court?
You may need to provide proof that you made a formal request for payment before you can file a lawsuit, and sometimes it’s required that the demand was sent via certified mail.
Why should I send the letter through USPS certified mail?
- When you send a document through certified mail, the other party will take the matter seriously. It also comes with a tracking number, so you can confirm that they received it.
- In some courts, you may need proof that you made a formal demand before you can take legal action, and some may require that you send that demand through certified mail.
How much do I have to pay to send a demand letter?
You can create a demand letter using JusticeDirect for free. If you want to send the letter directly from your computer or phone with tracking you can pay a small fee. That way, you don’t have to print the letter, go to the post office, and pay for certified mail.
How long does it take to create and send a demand letter with JusticeDirect?
It usually takes about 10 minutes, and you can do it right from your computer or phone.
What happens if a demand letter is ignored?
If the person receiving the letter does not respond or refuses to pay you, you can take legal action against them. This means you can sue them in court to get your money back. If the amount you’re owed is within the small claims limit set by your state, you can file a case in small claims court. If you are filing a case in California, you can use JusticeDirect! Learn more about How to Evaluate, Build, and File Small Claims Case in California!
What if the other party doesn’t speak English?
If the other party doesn’t speak English, don’t worry! JusticeDirect also lets you create your demand letter in Spanish for free.
Small Claims Court for Plaintiffs
California Only
When can I go to Small Claims Court in California?
- Your case has to be about money, and the amount of money can’t be too big. It has to be under $10,000 if you are suing as a person, or $5,000 if you’re suing as a business.
- If your case does not fit into these dollar amounts, you can still send a Demand Letter for free.
How much does it cost to sue someone in Small Claims Court in California?
- Usually the filling fees are $30 for claims up to $1,500, $50 for claims between $1500.01 to $5,000, and $75 for claims above $5,000. If you’ve filed more than 12 cases in the last 12 months you may have to pay $100.
- We will let you know throughout the process your exact costs and fees that you may have to pay to the courts.
What forms do I have to file for Small Claims Court?
- You will have to file the SC-100 at the minimum. Depending on your scenario, you may want to file additional forms for accommodations like a foreign language translator or physical disability needs.
- JusticeDirect generates the SC-100 for you and guides you through which additional forms you may need.
What if I can’t afford the court filing fee?
You can apply for a Fee Waiver. Also, if you win your case, the filing fee will likely be reimbursed, and the other party will have to pay you!
How do I file my case with the court?
You will receive step-by-step guidance on filing your forms and notifying the other side of your case! Typically you can file your case in person, by mail, online, or fax. However, the cost and requirements may vary in each county court.
How long does a Small Claims case take?
- When you file your case, the court will set a hearing date for you, which is usually 2-4 months from when you filed.
- Once the hearing is over, it typically takes the court 5-10 business days to make a decision.
What do I do after I file my case?
- After you file your case, you need to “serve” the other party, which means letting them know about the hearing and informing them to appear in court.
- You will receive different options to serve the other party, along with step-by-step instructions for each option. If you decide to hire a professional process server, you may be able to get reimbursed for the costs if you win the case.
How do I get ready for my court hearing?
With the JusticeDirect Trial Presentation, you will go to court prepared to give an effective argument to the judge, by having all your important information organized and presented in a compelling format.
Prepare for Your Small Claims Hearing
California Only
What do I need to do before I attend my Small Claims court hearing?
Being well-prepared for your Small Claims hearing will increase your chances of winning. There are many things you can do to be prepared, such as attending another Small Claims hearing to see how court is conducted. With the JusticeDirect Trial Presentation, you will receive a checklist of things to do so you will be well-prepared for your day in court.
How long is a small claims hearing in California?
A small claims hearing typically lasts about 15-30 minutes, even if you are scheduled for an entire morning/afternoon. You will need to be efficient and effective in telling your story to convince the judge you should win during that short amount of time.
What should I say and bring for my court hearing?
- With limited time (15-30 minutes) to present your case to the judge, you will want to be effective and efficient with your answers. During this time, both parties will be questioned, so you will want to have references on hand to quickly answer those questions without any delays or hesitation.
- The most important thing to bring is evidence that will help prove your story. The JusticeDirect Trial Presentation will help you organize all your evidence in a chronological Timeline with page number references so the Judge can easily find what is needed.
What if I can’t attend my small claims hearing?
If you can’t attend your hearing, you can submit a form SC-150 (Request to Postpone Trial) to reschedule your hearing to a different time.
What if the defendant doesn’t show up to the small claims hearing?
- If the Defendant doesn’t show up to the hearing, the Plaintiff may still have to present the case to the judge before the Plaintiff is awarded a judgment.
- The Plaintiff may receive a “default” judgment against the Defendant. The Defendant may choose to “cancel” or “vacate” this default judgment if they had a valid reason for not being able to attend.
How long after my small claims hearing would I get my result?
The result after your hearing is commonly referred to as a judgment. It typically takes 3-7 business days after the hearing to receive the judgment. In some cases, you may receive your judgment on the day of your hearing. However, in some instances, you may receive your judgment on the day of your hearing. The judgment will have information on who owes money (if any), and how much.
What happens if I win the Small Claims case?
- As the Plaintiff, winning your court case means the other party owes you money. The judgment will include information on the next steps, including how to collect that money from the other party.
- As the Defendant, winning your court case means you do not owe the other party anything. The Plaintiff won’t be able to appeal this decision either so the case is closed.
What happens if I lose the Small Claims case?
- As the Plaintiff, losing your court case means the other party doesn’t owe you money and unfortunately you won’t be able to appeal.
- As the Defendant, losing your court case means you owe the other party. If you don’t agree with this decision, you may choose to appeal this decision.
Settlement Letters
*Coming Soon!
What makes JusticeDirect's settlement letters different from others?
- Customizable: You can customize the letter by answering simple questions about your case.
- Professional: It will be written in a professional format that the other party will be more likely to take seriously.
- Fast: It takes 15 minutes to create a customized letter from your phone or computer.
- Affordable: Building the letter is free, and for a small fee, you can have it printed and sent through certified mail with tracking with a single click.
Why should I send a settlement letter?
A settlement letter is a formal letter you can send to the other party that just sued you to ask that they dismiss the case against you. It is a great option as it allows you to control the outcome, avoid a trial, and keep the dispute private.
What should I include in my settlement letter?
- If you do owe the other party money, you can offer to pay a lesser amount or in smaller payments over time.
- If you do not owe the other party money, explain firmly why you do not and that you are prepared to win if they do take the case to court.
Do I have to send a settlement letter before going to court?
- No, but it’s a great option to try and resolve the case without going to court. With the settlement letter, you can control the outcome of the dispute by providing the terms for the other party to accept. If they do, they will dismiss the case and you will avoid going to trial. The added benefit is that the dispute remains private, because once the case goes to trial, then it becomes public information.
How much do I have to pay to send a settlement letter?
You can create the letter using JusticeDirect for free. If you want to send the letter directly from your computer or phone with tracking you can pay a small fee. That way, you don’t have to print, go to the post office, and pay for certified mail.
How long does it take to send a settlement letter with JusticeDirect?
It takes about 15 minutes, and you can do it right from your computer or phone.
Why should I send the letter through USPS certified mail?
When you send a document through certified mail, the other party will know that you mean business and to take the matter seriously. It also comes with a tracking number, so you can confirm that they received it.
What happens if a settlement letter is ignored?
If the person receiving the settlement letter does not respond or refuses to dismiss the case, you will need to go to the court hearing as scheduled. If you were sued in Small Claims Court in California, you can prepare for your court hearing with JusticeDirect! Learn more about Preparing for your Small Claims Hearing as a Defendant.