FAQs
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.
Here are some factors that go into whether you will win your small claims lawsuit:
Are you right on the law? Whether the law is on your side depends on your case type and the laws that apply. We also have hundreds of free articles on legal information available on JusticeDirect Academy. Your attorney will also provide you with guidance on your case.
Did you follow the right procedure? This is where we excel. We ensure that you have followed all the correct steps so that you are prepared for your day in court and your hearing.
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. Your attorney will also provide feedback on organizing your evidence packet.
In general, you can file a case in a California small claims court as long as:
You are suing for $12,500 or less if you are an individual ($6,250 if you are suing on behalf of a corporation or LLCs), and
There isn't a better court to handle your lawsuit (for example, there is a specific court for evictions in California, so you can't sue for small claims to evict someone).
Here are common types of small claims lawsuits:
Your landlord did not return your security deposit.
You lent someone money, and they won't pay you back.
Someone hit your car, and now they won't pay for the damages to your car.
A towing company caused damage to your car and won't pay to fix it.
A company won't give you a refund.
Your clients won't pay you.
You hired a mechanic to repair your car, and they did a terrible job.
Someone broke a contract they had with you.
Someone damaged your property, and they won't pay to fix or replace the damages.
You paid a contractor to fix your bathroom, but they never showed up.
Yes, we will file your lawsuit for you. We will ensure the court files your lawsuit and keep you updated on the status.
We pride ourselves on knowing how to navigate different court filing processes.
This applies to California small claims cases.
After your lawsuit is filed, the next step is to let the other party know that 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 isn't able to serve, we will let you know and provide you with options on how to proceed. A process server will try to serve at the address you provide up to 4 times unless it becomes clear that the address is incorrect.
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.
This information applies to California small claims.
We will send you multiple hearing date reminders by email and text message.
We will also send you case updates each step of the process so that you always know your case status and next steps. Your case status will also always be available on our case dashboard.
You will need to keep an eye out for any mail from the other party or the court and let us know if the court has changed your hearing date or if the other party has requested a change of hearing date.
No, in California you are only allowed to represent yourself at the small claims hearing. We will provide you with everything you need to be prepared, including a judge-friendly evidence presentation.
The California legislature determined that not allowing lawyers in small claims court would level the playing field for individuals and businesses without the money to hire lawyers.
If you sue a company, the company is not allowed to have a lawyer represent them.
No, our demand letter tool is self-serve.
We hope to be able to offer attorney demand letters in the future.
If you purchased our Small Claims Lawsuit service, an attorney will review your hearing presentation.
If you purchased our Trial Presentation Tool as a stand-alone product, an attorney will not review your hearing presentation. This is a self-help tool.
If you purchase our Small Claims Lawsuit service, the judge will decide which costs are reimbursable by the person or business you sue.
In California, we have seen that most judges require the person or business you sue to reimburse you for court filing fees and serving costs if you win.