FAQs
We are not a lawyer or a law firm, and we cannot provide you with legal advice.
We do have an add-on where you can have a California lawyer review your lawsuit and evidence.
We are a technology company made up of lawyers, legal professionals, and engineers. Together, we built the JusticeDirect technology to help you affordably and confidently navigate your small claims lawsuit. Our goal is to provide you with all the tools and support to help you get justice.
Fun fact: Lawyers are not allowed to represent clients in California small claims court at the initial small claims hearing. If you need a lawyer, we can help connect you with one!
Here are some factors that go into whether you will win your case:
Are you right on the law? Whether the law is on your side depends on the type of case you have and the laws that apply. If you have doubts about your case, you can add our optional add-on, where you can have an independent attorney review your lawsuit and evidence and answer up to 3 questions in writing. We also have a lot of free legal information available on JusticeDirect Academy.
Did you follow the right procedure? This is where we excel. We ensure that you have followed all the correct steps so that you get your day in court and attend your hearing prepared.
Did you organize your evidence? As part of our process, you will upload all your evidence, and our software will help you organize it into a judge-friendly evidence packet. We will also provide you with evidence checklists for common types of cases.
Yes, we assist with preparing and filing court fee waivers in California.
We help you:
determine if you qualify for a waiver of your court fees, and
prepare and file the court fee waiver.
We can't guarantee that the judge will approve your court fee waiver. If the judge doesn't approve your court fee waiver, you will need to pay the court's fees (between $30- $75).
After your lawsuit is filed, the next step is to let the other party know they have been sued. This is called serving.
We currently have two serving options:
Process Server. We will hire a process server to serve the other party. Process servers charge $85. If the process server cannot serve, we will let you know and provide options for proceeding.
Friend. We will ship a packet directly to a friend or family member of your choice with detailed step-by-step serving instructions. This option is included in our pricing. The friend or family that you select needs to be over 18 years old and cannot be involved with what happened in your case.
We will also file the Proof of Service with the court for you.
*Note: In some counties, the court clerk can serve using certified mail, but it is not recommended as most defendants (the person or business being sued) don't sign legibly, which is a requirement for proper service.
The deadline to file your lawsuit depends on:
the type of case you have, and
the state in which you are filing your lawsuit.
These deadlines are known as the "statutes of limitations."
Here are some reasons you shouldn't wait to file your lawsuit:
Most statutes of limitations in California are set at around 2 years.
As time passes, you begin to lose your evidence.
You don't want the judge to doubt why you waited so long to file your lawsuit.
If you do something wrong during your first lawsuit and need to file your case again, the statute of limitations may have passed.
Review our guide to common statutes of limitations in California.
In California:
Small claims hearings are normally scheduled 30-75 days after the lawsuit is filed.
Most judges decide cases within 7-14 days after the hearing.
In California small claims, you can sue for:
$12,500 or less if you are an individual or sole proprietor.
$6,250 or less if you are suing on behalf of a corporation or LLC.
For California small claims cases, where your lawsuit can be filed will depend on your case type. During our intake, we will help you determine where your lawsuit can be filed based on your case.
In general:
An individual can always be sued in the county where they live, but depending on the type of case, there may be many other counties where they can be sued.
A business can always be sued in a county with a physical store or headquarters, but depending on the type of case, there may be many other counties where they can be sued.
Our intake will help determine where your lawsuit can be filed.
Here are some examples of where certain types of cases can be filed:
Contractors. Since they came to your house to do the work, you can sue the contractor in the courthouse nearest to where your house is located.
Car accidents. The county where the car accident occurred or where the person who caused the car accident lives.
Property Damage. Where the property damage occurred.
If you do not sue in the right county, the court will close your case. If the court closes your case and you would like to refile, you may be affected by the statute of limitations (which means you may not be able to sue again).
Without the correct address, we may not be able to serve the lawsuit later on.
How to find the other person's address:
Phone Number. Try a reverse phone number lookup. Type the phone number into a Google Search and see what you find. You can also check with "reverse phone number lookup" companies.
General Google Search. You would be surprised by what you can find on Google. Try searching their email address, old address, or previous employer. You can also check to see what you find on Linkedin (the person can be served at work) or other social media.
Hire a skip tracer. You can also hire a 3rd party to search for where the other party may have moved to but this isn’t always successful.
In California, small claims hearings are informal and last around 15 minutes. Learn more in our guide on what to expext the day of your small claims hearing.
So long as there isn't another court that is more specific to your lawsuit (for example, eviction court), then the lawsuit can be filed in small claims.
The most common types of small claims lawsuits in California are:
Security Deposit. Your landlord did not return your security deposit.
Rent. Your tenant or roommate didn't pay the rent.
Loan. You loaned someone money, and they didn't pay you back.
Car Accident. Someone hit your car while driving, and now you have to pay for the repair work.
Mechanic. You hired a mechanic to repair your car, and they did a terrible job.
Contractors. You hired a contractor to perform work at your home, and they did a terrible job.
Neighbor. Your neighbor damaged your property.
Contracts. You had a contract with someone, and they broke the contract.
Damage to Property. Someone damaged your property (e.g. house, car, bicycle).
Goods. You bought an item and didn't receive it, or you sold an item and didn't get paid for it.
Insurance Companies. Your insurance company didn't pay you for a claim they should have paid you for.
Services. You paid for a service and didn't receive it, or you provided a service and didn't get paid.
Our customers mainly leave reviews on Trustpilot and Google.
We are a small business, and we appreciate your feedback as it helps us improve. If you have any feedback or questions, email our team at [email protected].
Most California counties have the option for virtual hearings.
In California, small claims lawyers are not allowed to represent the parties at the initial small claims hearing.
Yes, these are called countersuits. Both lawsuits will be reviewed by the same judge on the same day.