ALL THINGS LEGAL, INC. IS YOUR SOURCE FOR FAST, ACCURATE LEGAL DOCUMENTS.
Where are we?
Our office is located in Thousand Oaks off the Rancho Road exit from the 101 near Roxy's Deli. This office is used as a mail drop ONLY. All meetings are done at a location of the customer's convenience -whether home, work, coffee shop, or hospital. I COME TO YOU!
1421 E. Thousand Oaks Blvd., Suite 12
Thousand Oaks, CA 91362
Phone: (805) 480-0171 OR (805) 778-0025 OR (866) 480-0171 Fax (866) 761-7108
Member of
California Legal Procedures
Call Now 805/778-0025
Small Claims
Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is called the plaintiff. The person who is sued is called the defendant.
Examples of disputes that might be resolved in small claims court are:
Your former landlord refuses to return the security deposit you paid
Someone dents your fender and refuses to pay for repairs
Your new TV will not work, and the store refuses to fix it
Your tenant caused damage to the apartment in an amount that exceeded the security deposit (Note: You can't file an eviction action in small claims court.)
You lent money to a friend, and he or she refuses to repay it
Who can sue in small claims court? Any mentally competent person who is:
18 years old or older, OR
an emancipated child.
You cannot ask for more than $5,000 in a claim if you represent a business and $7,500 if you are suing on your own behalf. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims a year that ask for more than $2,500.
The court filing fee is based on the amount of the claim but generally run between $30 and $75. These fees are the same for almost every county in California.
You cannot bring a lawyer to court with you if you sue in Small Claims Court. Neither can the defendant.
After filing your suit, you must serve the defendant. Then there is a waiting period of between 40 and 70 days before the hearing can take place.
At the hearing, the judge will listen to both sides of the story. To help tell your side, bring evidence like:
Witnesses
Photos
Bills
Receipts
Contracts
Other relevant documents that support your side
The judge may make a decision at your hearing, or mail it to you later. Instead of a judge, you may have a commissioner or temporary judge at your hearing. They are both just like judges. A temporary judge (called a "judge pro tem" or "judge pro tempore") is a lawyer who hears and decides cases. If you don't want a temporary judge, you can ask the court to have a judge hear your case. You may have to come back another day.
Is it Too Late to File My Claim?
It's not easy to figure out if it's too late to file. If you're not sure, we can file your case and let the judge decide.
Here are some tips:
If you are suing because you got hurt, you can file a claim for up to two years after you were hurt.
If you are suing because a spoken agreement was broken, you have 2 years to file after the agreement was broken.
If you are suing because a written agreement was broken, you have 4 years to file after the agreement was broken.
If you are suing because your property was damaged, you have 3 years to file after your property was damaged.
If you are suing because of fraud, you have 3 years to file after you find out about the fraud. Fraud is when you lose money because someone lied to you or tricked you on purpose.
If you are suing a government or public agency, you have 6 months to file a claim with that agency. They have 45 days in which to make a decision. If no decision is made within 45 days then it is deemed denied. If they reject your claim, you have 6 months to file a claim with a small claims court.
Disclaimer: Diana Slater is not an attorney. All Things Legal, Inc. is not a law firm. We can only provide self help services at your specific direction. Previously, a Legal Document Assistant (LDA) was called an Independent Paralegal. California SB 1418 became effective January 1, 2000 which now REQUIRES all Legal Document Assistants to be registered and bonded. Be sure when using a self-help service you choose someone who has met the experience and education requirements of a Legal Document Assistant and is registered and bonded.
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